REPORT OF THE BOARD OF ENQUIRY INTO SCIENTOLOGY |
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APPENDIX 1: ALPHABETICAL LIST OF WITNESSES ALEXANDER, George Leslie BEATS, Joan Elizabeth CAMPBELL, John Herbert Joseph DAX, Eric Cunningham EIZENBERG, Harry FLEMlNG, William Albert GALLASCH, Rosalind Anne HAGEN, Irene Rosa JENSON, Raymond Gordon KING, Richard James LAKE, Eric Bruce MALTBY, George Bradley McCANN, Ruth Charlotte NALL, David Henry Athelstan OESER, Oscar Adolph PEAKE, Barbara Mary RAY, Leslie John SHAW, Clive TAMPION, Annie VAN DEN BRENK, Hendrik Ithos Sydney WALKER, Dorothy Scott Bradley YOUNGMAN, Andrew John 1. Diploma in Mechanical Engineering and
Diploma in Electrical Engineering. Gordon Institute of Technology,
Geelong. ANDREW, Richard Roderick: Doctor of Medicine, University of Melbourne; Fellow of the Royal College of Physicians; Fellow of the Royal Australasian College of Physicians; Dean of Medicine, Monash University. CHERRY, Richard Ormond: Master of Science in Physics; Fellow of the Institute of Physics, London; Fellow of the Institute of Physics, Australia; Associate Member of the Institute of Engineers, Australia; Senior Lecturer in Physics, University of Melbourne. DAX, Eric Cunningham: Licentiate in Medicine and Surgery of the Society of Apothecaries; Bachelor of Medicine and Bachelor of Surgery, University of London; Diploma in Psychological Medicine; Chairman, Mental Health Authority, Victoria. DEWHURST, David John: Doctor of Philosophy, Master of Science and Bachelor of Arts, University of Melbourne; Reader in Bio-physics, University of Melbourne. DUNN, Sidney Stephen: Bachelor of Arts and Diploma of Education, University of Adelaide; Bachelor of Education, University of Melbourne; Assistant Director of the Australian Council for Educational Research; Lecturer in Bachelor of Education course, University of Melbourne. HOWELL, Edwin Ronald: Bachelor of Science in Physics and Electronics, University of Melbourne; research student, Physiology Department, University of Melbourne. MARTIN, Ian Holland: Doctor of Medicine; Diploma in Psychological Medicine; Associate Member of the British Institute of Psycho-Analysis: Honorary Psychiatrist, Royal Melbourne Hospital; Consulting Psychiatrist, Repatriation General Hospital, Heidelberg. MEARES, Ainslie Dixon: Doctor of Medicine; Diploma in Psychological Medicine; Member and Past President of the International Society for Clinical and Experimental Hypnosis; Fellow of the American Society for Clinical Hypnosis; Member of the American Psychiatric Association, and Member of the Royal Medico-Psychological Association; Author of "A System of Medical Hypnosis", a work of world authority, and other recognized works on hypnosis. MOREY, Elwyn Aisne: Master of Arts and Bachelor of Education, University of Melbourne; Doctor of Philosophy in Clinical and Educational Psychology, University of California; Fellow of the British Psychological Society; Senior Lecturer in Psychology in the School of Education, University of Melbourne. MACMILLAN, Malcolm Bruce: Bachelor of Science in Psychology, University of Western Australia; Psychologist, Mental Hygiene Branch, Department of Health (Victoria); Chairman, Victorian Group, British Psychological Society*. OESER, Oscar Adolph: Master of Arts; Master of Science; Doctor of Philosophy; Fellow and Past President of the British Psychological Society; Professor of Psychology, University of Melbourne. PRIESTLEY, Robert Russell: Bachelor of Arts, University of Queensland; Student Counsellor, University of Melbourne. RAY, Leslie John: Bachelor of Medicine and Bachelor of Surgery: Doctor of Philosophy, University of Melbourne; Professor of Anatomy, University of Melbourne. SINCLAIR, Alexander John Maum: Doctor of Medicine, University of Melbourne; Fellow of the Royal College of Physicians; Fellow of the Royal Australasian College of Physicians; Honorary Psychiatrist, Royal Melbourne Hospital; Consulting Psychiatrist to Army Headquarters and Repatriation Department; Lecturer and Examiner in psychiatry, University of Melbourne; Acting Censor in Chief, Australian-New Zealand College of Psychiatrists. TOWNSEND, Sidney Lance: Doctor of Medicine, University of Melbourne; Fellow of the Royal College of Surgeons, Edinburgh; Fellow of the Royal Australasian College of Surgeons; Fellow of the Royal College of Obstetricians and Gynaecologists; Professor of Obstetrics and Gynaecology, University of Melbourne. VAN DEN BRENK, Hendrik Ithos Sydney: Bachelor of Medicine and Master of Surgery, University of Melbourne; Fellow of the Royal College of Surgeons; Fellow of the College of Radiologists of Australasia; Diploma in Therapeutic Radiology; Radio-Biological Research Officer, in Charge of the Radio-Biological Research Laboratories, Cancer Institute Board. WALSH, Kevin William: Bachelor of Arts, Bachelor of Medicine, Bachelor of Surgery and Master of Science, University of Melbourne; Senior Lecturer in Department of Psychology, University of Melbourne. ________________ NOTES: * Currently, Master of Science: Senior lecturer in Psychology, Monash University. (a) EXHIBITS TENDERED WITHOUT RESTRICTION 1. Victoria Government Gazette, No. 93, dated 28th November, 1963, containing the appointment of the Board and its Terms of Reference. 2. Companies Office file F 2928 -- Hubbard Association of Scientologists International. 3. Companies Office file F 4034 -- Hubbard Association of Scientologists International Ltd. 4. Business Name Registration No. 164357, Hubbard Guidance Centre. 5. Business Name Registration No. 166585 Hubbard Communications Office. 6. Business Name Registration No. 173911 -- College of Ability development. 7. Cabinet containing HASI records. 8. 7 cabinets containing HASI records. 9. Two cardboard files. 10. Cabinet containing HASI files. 11. Cabinet containing HASI records. 12. Cabinet containing HASI records. 13. Cabinet containing HCO records. 14. Cabinet containing HCO records. 15. Three cardboard boxes containing records. 16. Four lever Arch files. 17. Miscellaneous obsolete records 18. Six cabinets containing HGC records. 19. Cabinet containing case histories. 20. Cupboard containing Auditors "hats" and equipment. 21. Six cabinets containing bulletins, instructions, &c. 22. Cabinet containing HCO and HASI files. 23. Cabinet containing tape recordings and instructions. 24. Cabinet containing files. 25. Cabinet containing account books. 26. Cabinet containing HASI records. 27. Cabinet containing ACC files. 28. Two cabinets containing students' files. 29. Cabinet containing contracts. 30. Cabinet containing staff instructions. 31. Cabinet containing bulletins, &c. 32. Drawer of desk in HGC 33. Cabinet containing old records. 34. Cabinet containing tape recordings. 35. Contents of drawer of Continental Director's Desk. 36. Ten binder files containing policy directives and technical information. 37. Cabinet containing staff files. 38. Records of Australian College of Personnel Efficiency, Geelong. 39. Records of Melbourne College of Personal Efficiency, Hawthorn. 40. Diagrams showing evolution and construction of Scientology. 41. This is Life, by Reg. Sharpe. 42. Diagram re Communication formula. 43. Affinity, issue 8 (containing Axioms of Scientology). 44. Scientology 8-8008, by L. Ron Hubbard. 45. Dianetics: The Modern Science of Mental Health, by L. Ron Hubbard. 46. Diagram showing organization of HASI. 47. Communication Magazine, Vol. 5, no. 8 -- Scientology Books. 48. Certificate of W. F. Palmer and Co. and statutory declaration by Peter Hobart Hemery as to use of money transmitted to HCO WW. 49. Contract for Processing (issue A1) and Academy Contract (Form F). 50. "True or False" Form. 51. HGC Pre-Processing check form -- Reacting questions. 52. Hubbard Chart of Human Evaluation. 53. Affinity, Issue 1. 54. Science of Survival, Prediction of Human Behavior, by L. Ron Hubbard. 55. HCO Pol. Lr. of 26th November, 1963. 56. Chart showing relationship between training levels and HGC processing. 57. HCO Bull. of 10th May, 1960. 58. Self Analysis in Scientology, by L. Ron Hubbard. 59. Student package, Class 2. 60. Diagram of Mark V. E-meter. 61. Student package, Class 3. 62.HCO Pol. Lr. of 1st November, 1961. 63. List of l-hour tapes. 64. Records of Roger Meadmore and Associates. 65. HCO Bull. of 28th September, 1961. 66. Two notebooks containing newspaper extracts of advertisements. 67. Small card advertising free personal efficiency course. 68. Bundle of pamphlets distributed at HASI Offices and advertising personal efficiency course. 69. Personal efficiency course report. 70. Agreement form used by Academy of Personal Efficiency, copy of True false form, HCO. Pol. Lr. 26th November, 1963. 71. The Manual of the Oxford Capacity Analysis and Oxford Capacity Analysis, marking sheet numbers 1 to 200 and Oxford Capacity Analysis Chart. 72. The Novis Fast Marking Mental Ability Test -- Test Form "A". The Novis Fast Marking Mental Ability Test -- Test Form "B", Form "A" and Form "B". 73. California Capacity Questionnaire -- Form A, and California Capacity Questionnaire -- Form B. 74. HCO Infm. Lr. of 24th November, 1963. 75. Communication Magazine Vol. 2, No. 6 Special Zone Plan. 76. Transcript of Tape Recording, "Anatomy of the Human Mind". 77. Communication Magazine Vol. 5, No. 6, "Scientology -- The Catholic Viewpoint. Is it possible to be happy? 78. A Brief Biography of L. Ron Hubbard. 79. Diagrams showing the levels of theory and application of scientology. 80. Diagrams showing table of types of processes. 81. Poster, as displayed in trams, advertising personal efficiency courses. 82. Reproduction of screen slide advertising free introductory course. 83. Six graphs showing percentage of HGC processing gains during 1960 and 1961. 84. Chart of processes, levels and theoretical material as currently used and as expected to be used in the future. 85. Communication Magazine, Vol. 4, No. 11, Routine 2-12; Vital new clearing step. 86. List of scientology books. 87. Copy of certificate of Bachelor of Scientology dated 29th July, 1959, granted to Peter Williams. 88. Copy of certificate of Doctor of Scientology dated 2nd October, 1959, granted to Peter Williams. 89. California Capacity Questionnaire -- Manual of Directions. 90. PAB No. 130 dated 15th February, 1958, Death. 91. Extract from HCO Bull. of 17th March, 1960 92. File of correspondence and newspaper extracts re dispute in 1960 between HASI and Rev. Dr. Rumble. 93. Scientology Issue 28-G by L. Ron Hubbard, published by HASI, Phoenix, Arizona. 94. HCO Bull. 15th June AD10. 95. Copy of Truth newspaper of 29th February, 1964 containing purported copies of cables passed between Truth and L. Ron Hubbard. 96. Communication Magazine, Vol. 1, No. 19 -- Why some fight scientology. 97. Professional Auditors' Bullletin, May, 1960, containing extract from HCO Bull, dated 28th December, 1959. 98. HCO Bull. of 25th August, 1960. 99. HCO Bull. 3rd May, 1960. 100. Letter dated 2nd September, 1960 to Max Anderson from Elizabeth Williams, HCO Executive Secretary, Australia. 101. Roneoed document headed "To all Scientologists and those intending to become part of the team" and signed by F. E. Turnbull, Agent for New Zealand, Australia and Oceania; Bishop of the Church of American Science. 102. HCO Inf. Lr. 22nd September, 1963. 103. Communication Magazine, Vol. 1. No. 11, Is it possible to be happy? 104. HCO Pol. Lr. of 2nd August, 1963. 105. HCO Pol. Lr. of 13th March, 1963. 106. HCO Bull. of 22nd May, 1960. 107. HCO Digest No. 4 for Staff Member Folders dated 1st February, 1963. 108. HCO Pol. Lr. of 22nd May, 1961. 109. HCO Pol. Lr. of 29th June, 1961. 110. Communication Magazine, Vol. 2. No. l -- A Salute to HASI Melbourne and Scientology Australia. 111. Letter dated 30th May, 1963 to Max and Jenny Anderson from Malcolm Allen, Director of Accounts, with two annexures. 112. Explanatory pamphlet re HASI (undated). 113. Book III, of L. Ron Hubbard's PAB's. 114. Extract from PAB 137 published approximately late 1957. 115. Extract from PAB 8 re viewpoint processing. 116. Extract from PAB 31. 117. HCO Bull. dated 21st January AD10. 118. HCO Bull. dated 27th July, 1960. 119. HCO Pol. Lr. of 14th March, 1963. 120. PAB No. 154 dated 15th February, 1959. 121. Letter from L. Ron Hubbard published in Lilliput magazine of April, 1960. 122. Photograph of L. Ron Hubbard published in Lilliput magazine of April, 1960. 123. Booklist (from file of Melbourne College of Personal Efficiency). 124. All About Radiation by a Medical Doctor and L. Ron Hubbard. 125. Business Name Registration No. 178698 -- Melbourne Test Centre. 126. Business Name Registration No. 178699-Test Bureau of Australia. 127. Business Name Registration No. 164753 -- Australian College of Personnel Efficiency. 128. Business Name Registration No. 175980 -- Momsen School of Personal Efficiency. 129. Business Name Registration No. 172527 -- Roger Meadmore and Associates. 130. Business Name Registration No. 199973 -- Australian Centre of Applied Psychology. 131. Business Name Registration No. 200187 -- The American College. 132. Business Name Registration No. 165248 -- Melbourne College of Personal Efficiency. 133. Business Name Registration No. 174455 -- The Momsen School for Marriage Education. 134. Business Name Registration No. 181559 -- Hawthorn Test Centre. 135. Business Name Registration No. 142852 -- Dianetics International. 136. Business Name Registration No. 142851 -- Ability. 137. Business Name Registration No. 148008 -- Dianetics and Scientology. 138. Business Name Registration No. 166307 -- Academy of Personal Efficiency. 139. Business Name Registration No. 164356 -- Academy of Scientology 140. Business Name Registration No. 141106 -- Scientologist Co. 141. Business Name Registration No. 161179 -- Camberwell Scientology Centre. 142. Companies Office file No. 58958 -- Hubbard Association of Scientologists International (Victoria) Pty. Ltd. 143. Companies Office file No. 50009 -- Citizens Investments Pty. Limited. 144. Companies Office file No. 50122 -- Conquest Investments (Australia) Pty. Ltd. 145. Report of John Herbert Joseph Campbell on books and accounts of HASI and HCO dated 4th May, 1964, together with appendices 1 to 12. 146. Bundle of HCO Bulletins tendered by Mr. Fagan. 147. Bundle of HCO Policy Letters tendered by Mr. Fagan. 148. Bundle of HCO Information letters tendered by Mr. Fagan. 149. Bundle of HCO Administrative and Technical letters. 150. Bundle of Communication Magazines. 151. Bundle of PAB's and copies of extracts of PAB's. 152. Bundle of various scientology magazines. 153. Child Dianetics, Dianetic Processing for Children, by L. Ron Hubbard. 154. Fortress in the Sky, by L. Ron Hubbard. 155. Brain-Washing: A Synthesis of the Communist Textbook on Psychopolitics. 156. A Brief Biography of L. Ron Hubard (Melb. edition). 157. Bundle of Booklets (4 issues of Reality, 2 of Probe, 1 of Money). 158. HCO Bull. of 23rd November, AD12. 159. HCO Pol. Lr. of 23rd November, AD12. 160. Copy of letter dated 16th May, 1961 from P. B. Wearne to HCO. 161. Report of John Herbert Joseph Campbell on books and accounts of Australian College of Personnel Efficiency. 162. Report of John Herbert Joseph Campbell on books and accounts of Melbourne College of Personal Efficiency. 163. Two letters from HCO WW dated 27th February, 1964 and 2nd March, 1964 to Norman A. Moore, Accountants, and a legal memorandum. 164. Form ACI. 165. Blank cheque form used by HASI. 166. HCO Pol. Lr. of 12th October, 1961. 167. HCO Pol. Lr. of 23rd November, 1961. 168. Memorandum No. 107 of 10th July, 1959 headed Secretarial to the Executive Director, HASI, Melbourne. 169. Continental Director Directive dated 8th June, 1961. 170. HCO Pol. Lr. of 1st February, 1963. 171. HCO Pol. Lr. of 13th May, 1963; book and price lists. 172. HCO Pol. Lr. of 14th June, 1962. 173. HCO Pol. Lr. of 16th April. 1963. 174. HCO Bull. of 28th December, 1961. 175. Photostat extracts from Sydner Truth dated 8th May, 1955. 176. Copy of taxation assessment of Labour Newspapers (N.S.W.) Limited for year ended 30th June, 1960. 177. Copy of taxation assessment of P. B. Wearne for year ended 30th June, 1961. 178. Copy of P. B. Wearne's income tax return for year ended 30th June, 1962. 179. Copy of P. B. Wearne's income tax return for year ended 30th June, 1963. 180. Letter (with 9 annexures) dated 16th May, 1961 from P. B. Wearne to HCO re claim against Roger Meadmore. 181. Agreement made 20th January, 1958 between P. B. Wearne and HASI regarding HAS course. 182. Copy of P. B. Wearne's income tax assessment for year ended 30th June, 1960. 183. Letters dated 27th March, 1962 and 7th April, 1962 from Ross Turnbull, Letter Registrar, HASI, to C. R. Williams. 184. Book 5 of L. Ron Hubbard's PAB's. 185. Six gramophone records submitted by P. B. Wearne. 186. Brain-Washing: A Synthesis of the Russian Textbook on Psychopolitics. 187. Copy of letter from D. Moon to HASl demanding refund of fees, reply from HASI dated 16th January, 1964 and copy of letter dated 18th January, 1964 from D. Moon to Messrs. Norris and Norris. 188. Communication Magazine, Vol. 5. No. 1 -- This is Scientology -- The Science of Certainty. 189. Creation of Human Ability, by L. Ron Hubbard. 190. Have You Lived Before This Life? by L. Ron Hubbard. 191. Extracts from February, 1964 edition of Reality relating to Brain-Washing. 192. Communication Magazine, Vol. 4. No. 4 -- An Answer to Exhaustion. 193. Framed copy of tone scale with animated illustrations. 194. Framed copy of Hubbard Chart of Human Attitudes. 195. Framed copy of Hubbard Chart of Human Evaluation and Dianetic Processing (parts 1 and 2). 196. Letter to L. Ron Hubbard dated 20th November, 1959. 197. Three-page document dated 18th November, 1959 headed "Confession" and signed "Doug". 198. Letter dated 12th November, 1963 from L. Ron Hubbard to D. Moon and letter dated 5th November, 1963 from D. Moon to L. Ron Hubbard. 199. letter from D. Moon to L. Ron Hubbard and copy of reply from Hubbard dated 10th December, 1963. 200. Black note book, the property of Richard King, containing statement by D. Moon. 201. Statement dated 16th November, 1959 written and signed by L. Ron Hubbard relating to the dismissal from HASI of D. Moon. 202. Letter dated 25th May, 1964 from Committee for Menial Health and National Security seeking permission for P. B. Wearne to represent the Committee at the Inquiry. 203. Photocopy of sample Oxford Capacity Analysis form. 204. Document entitled Learn to Audit. 205. Pamphlet, Becoming a Professional Scientologist. 206. Pamphlet, Clean Hands Congress, 31st March, 1962 and 1st April, 1962. 207. Communication Magazine. Vol. 5, No. 12 -- Christmas edition. 208. Communication Magazine. Vol. 4. No. 9 -- Saint Hill Special Briefing Course News. 209. Dianetics 1955, by L. Ron Hubbard. 210. Terror Stalks -- Supplement to Communication Magazine, Vol. 3. No. 10. 211. Pamphlet -- The Auditor 1 -- May, 1964. 212. Communication Magazine, Vol. 4, No. 10 -- A Critique of Psycho-analysis. 213. Booklet -- E-Meter Essentials 1961 by L. Ron Hubbard and HCO Bull. 25th May, 1962. 214. California Capacity Questionnaire Forms A and B labelled Scientology and California Capacity Questionnaire Forms A and B (unlabelled). 215. Letter and annexure dated 20th May, 1964 from The American College to Professor Oeser. 216. Summary of Scientology: A New Understanding of Life, by J. F. Horner. 217. Scientology: The Fundamentals of Thought, by L. Ron Hubbard. 218. Booklet -- Testing, and Communication Magazine, Vol. 3, No. 4 -- Testing. 219. Copy of circular and notice distributed by Vice-Chancellor, University of Melbourne, on 30th January, 1962. 220. Photocopy of booklet Ability -- issue 65: National Academy of American Psychology. 221. Circular (undated) from HASI, produced by Professor Oeser. 222. Copies of three documents comprising Information Package re PE course. 223. HCO Bull. of 9th June, 1960. 224. Two extracts from Medical Journal of
Australia: -- 225. Letter dated 22nd April, 1964 from The George Washington University to Continental Secretary, HASI, Washington. 226. Communication Magazine, Vol. 6. No. 4 -- Two types of people. 227. Communication Magazine. Vol. 4. No. 6 -- The Theory of training in scientology. 228. Living Successfully, by Marcus Tooley. 229. Communication Magazine, Vol. 5. No. 11 -- Assists. 230. Scientology: The Problems of Work, by L. Ron Hubbard. 231. Scientology: The Evolution of a Science, by L. Ron Hubbard. 232. Dianetics: The Evolution of a Science, by L. Ron Hubbard. 233. Communication Magazine, Vol. 5. Nos. 2 and 3: Ron's Journal No. 4. 234. Dianetics: The Original Thesis, by L Ron Hubbard. 235. Communication Magazine Vol. 5. No. 7 -- The theory of training in scientology. 236. Photocopy of document entitled "The Training School Bulletin" containing article -- A Critique of the Evolution of Dianetics, by Parker Davis. Ph.D. 237. Page 1064 of British Medical Journal of 25th April, 1964 containing article --Pre-natal Shaping of Behaviour. 238. Extract from J. D. Frank's Persuasion and Healing. 239. HCO Inf. Lr. 9th July, 1964. 240. Copies of pages 8 to 14 from Fads and Fallacies in the Name of Science, by Martin Gardner. 241. Photocopy of page from Biographical Encyclopaedia of the World containing entry re L. Ron Hubbard. 242. Code of Professional Conduct of the British Psychological Society. 243. HCO Bull. of 11th May, AD13. 244. Reincarnation, by Joseph Head and S. L Cranston. 245. Communication Magazine, Vol. 6. No, 5A -- A Declaration of War. 246. Copy of circular from Australian Association of Relatives and Friends of the Mentally Ill. 247. Two extracts from London Daily Express published in November, 1955. 248. Bundle of HCO Policy Letters. 249. HASI correspondence file of a preclear. 250. Bundle of correspondence tendered by the HASI during examination of witness Moon. 251. List of persons who undertook scientology training in New Zealand in 1958. 252. Letter dated 7th December, 1959, from D. Moon to June Hudson, HCO Communicator. 253. Letter dated 7th December, 1959 from D. Moon to Mrs. Williams. 254. Typed statement presented to Richard King by D. Moon regarding the enlisting of co-operation of other groups of unregistered practitioners to fight Parliamentary attacks. 255. Undated letter addressed "Peter" from D. Moon re type of evidence to be given by Moon at the Inquiry. 256. Terms of witness Moon for making statutory declaration unfavourable to P. B. Wearne. 257. Letter card (undated) from D. Moon to Jessie Gray. 258. Sample of typing on Olivetti typewriter owned by Mrs. Williams. 259. Three letters from D. Moon -- (i) 11th May, 1962, to "Cathy", (ii) to Mrs. Williams and (iii) 18th October, 1962, to "Ian", Deputy Registrar. 260. Letter dated 9th July, 1963, from D. Moon to L. Ron Hubbard. 261. Copies of two receipts from HASI Ltd., for processing fees paid by D. Moon in 1962. 262. HCO Infm. Lr. of 6th March, 1964. 263. PAB's for April, 1964. 264. The Auditor 2 -- June, 1964. 265. HCO Infm. Lr. of 16th March, 1964, and copy of Saturday Evening Post dated 21st March, 1964. 266. The Hubbard Electro-meter, by John Sanborn. 267. Documents produced by witness C. J. Phipps. 268. HASI correspondence and processing files of a preclear. 269. Publications tendered by witness C. J. Phipps. 270. Copy of form headed Melbourne Test Centre: Test Reaction Research. 271. Letter dated 5th June, 1963, from Mr. F. Galbally to HAST re refund of Mrs. Tidy's payments. 272. Two OCA graphs of a preclear. 273. Bundle of HCO Bulletins. 274. Bundle of HCO Bulletins, Policy Letters and Administrative Letters -- 1964. 275. Statutory declaration by Miss B. M. Peake dated 23rd January, 1964. 276. Statement dated 20th January, 1964, by Miss B. M. Peake. 277. Copy of letter dated 21st January, 1964, from Miss B. M. Peake to Chief Commissioner of Police. 278. Copy of letter dated 21st January, 1964, from Miss B. M. Peake to Secretary of HASI. 279. Several letters written in February and March, 1964, by Miss B. M. Peake to P. B. Wearne. 280. HASI pay voucher of Miss B. M. Peake dated 26th September, 1963. 281. Two receipts dated 13th March, 1963, and 16th April, 1963, for processing fees paid by P. B. Wearne. 282. HCO letter dated 9th April, 1963, addressed to professional auditors and signed by Mrs. Williams. 283. Affinity, Issue 10. 284. PAB No. 144. 285. List of HCO Bulletins used for analysis purposes by C. J. Phipps. 286. Photo-copies of two forms handed to Senior Policewoman Phillips at The American College. 287. Melbourne College of Personal Efficiency file labelled "Marcus Tooley". 288. Photo-copy of terms of settlement in Supreme Court action 1963, No. 2860 -- Wearne v. HASI. 289. Letter dated 28th July, 1961, from P. B. Wearne to Richard King advising of Wearne's resignation from ALP. 290. Photo-copy of communication from P. B. Wearne to Williams, dated 16th January, 1961, re Zone Plan. 291. Letter on Chevron Hotel notepaper (undated) from P. B. Wearne to L. Ron Hubbard with Hubbard's reply endorsed thereon. 292. Two identical letters dated 20th November, 1959, from P. B. Wearne to L. Ron Hubbard. 293. Telegram dated 26th November, 1959, from P. B. Wearne to Mrs. Williams. 294. Letter dated 26th June, 1964, from Williams to L. Ron Hubbard and Hubbard's reply dated 5th August, 1964, re Hubbard's qualifications: correspondence between Secretary to Board and George Washington University. 295. List of references and extracts submitted by M. B. Macmillan. 296. This is Scientology: The Science of Certainty, by L. Ron. Hubbard. 297. (i) HCO Bull. of 21st July, 1962. 298. HCO Infm. Lr. of 4th February, 1963. 299. Diagram of E-Meter circuit used to demonstrate C. J. Phipps' evidence. 300. Communication Magazine, Vol. 5. No. 5 -- Clearing. 301. Letter dated 11th January, 1963 from Mrs. Williams to the Gillhams enclosing HCO Stop Press notice re purchase of HASI's by Founding Church of Scientology. 302. HCO Pol. Lr. of 20th July, 1960: and circular letter and pro forma re Dept. of Zoning. 303. E-Meter circuit as appearing in application for letters patent No. 241473 dated 9th January, 1961. 304. Ceremonies of the Founding Church of Scientology. 305. Letters dated 2nd December, 1963, and 12th February, 1964, from F. J. M. Anderson to Secretary to Board and copies of replies thereto. 306. Form "Notice requesting personal witnesses for Public Inquiry" completed by F. J. M. Anderson. 307. Letter dated 30th May, 1960, from Mrs. Williams to F.J.M.. Anderson re suspension of certificates. 308. File of correspondence between P. B. Wearne and the HASI, &c. 309. Book lists. 310. Direction dated 13th May, 1963, from Mrs. Williams to Franchise Holders re D. Moon; Copy of Telex message from L. Ron Hubbard. 311. Circular headed "About the Discoverer of Scientology". 312. Book II. of L. Ron Hubbard's PAB's. 313. Communication Magazine Vol. 2. No. 2 -- "Responsibility". 314. PAB's for May, 1960. 315. PAB No. 155 and for January, 1960, and October, 1963. 316. PAB's for February, 1963. 317. Document -- The American College: Procedures for Guidance of Professional Counsellors. 318. The American College file, "Advertising -- Trams, &c.". 319. The American College roneoed document "Applied Psychology -- Free Adult Course". Printed document "The American College". 320. The American College enrolment application form -- Applied Psychology Course. 321. The American College file re Senior Policewoman Phillips. 322. The American College file -- Applied Psychology Course Manual. 323. The American College file -- Applied Psychology Course Rules. 324. The American College -- infraction sheet 325. The American College -- Applied Psychology Course, single sheet of information. 326. The American College -- Applied Psychology Course Goals sheet. 327. The American College -- Counsellor's Code 1963. 328. The American College -- Sheet used for obtaining names and addresses. 329. The American College -- Sheet of extracts from Alice in Wonderland. 330. The American College -- Origination sheet. 331. The American College-Intermediate (Efficiency) Course Manual. 332. The American College-Booklet entitled, The Dynamic Psychologist and Mind. 333. The American College-Invitation to Special Course. 334. The American College documents: -- 335. Axioms of dynamic psychology. 336. Documents produced by C. E. J. Hardy re College of Ability Development. 337. Bundle of correspondence between P. B. Wearne and HASI re Zone Plan. 338. Copy of letter dated 10th May, 1960, from D. Nall, to L. Ron Hubbard, re EPA: letter dated 10th May, 1960, from D. Nall to Mrs. Williams, and chart showing proposed structure o EPA. 339. HASI processing file of a preclear. 340. Photo-copy of letter dated 24th July, 1956, from D'Arcy Hunt using letterhead, "Dianetics and Scientology". 341. Correspondence between P. B. Wearne and ALP re publication "New Australian Welcome"; copy of agreement used between Wearne and Trade Unions re publicity. 342. File of correspondence between P. B. Wearne and the HASI, &c. 343. Bundle of reports of daily duties of Geo Alexander at HASI, and miscellaneous receipts. 344. HASI correspondence file labelled "Data on Geo, Alexander". 345. (l) Pamphlet -- Becoming a
Professional Scientologist. 346. Table relating to E-meter experiments conducted by Mr. L. Spyker. 347. Document entitled "We begin a Campaign". 348. Magazine -- " How Farmers Adopt New Practices". 349. Wonderful Day, by Arthur Mee. 350. The Dairyfarming Digest containing article by D. J. Myers. 351. Magazine, Rural Research in C.S.I.R.O. -- December, 1963. 352. Article from proceedings of Australian Agricultural Extension Conference Vol. 1, 1962, relating to Effective Communication within a Department. 353. Photostat of notes by L. Ron Hubbard. 354. Pamphlet, Education and the Auditor, by L. Ron Hubbard. 355. Copy of notes used by D. J. Myers -- Scientology in Extension Work. 356. Correspondence between D. J. Myers and Senior Young Farmers of Victoria, State Council. 357. The Australian Journal of Science. 358. Bulk tender of Documents produced by Geo. Alexander. 359. HCO Inf. Lr. of 12th August, 1962. 360. Letter dated 24th May, 1960, from L. Ron Hubbard to Mrs. Williams re "criminal background" of two rebel scientologists. 361. (i) HCO Inf. Lr. 1st February, 1963. 362. L Ron Hubbard's PAB's Book. 4. 363. Correspondence re a preclear. 364. HASI correspondence file re D. Nall. 365. Two letters re D. Nall's suspension of certificates. 366. Warranty in respect of Mrs. Williams' typewriter. 367. List of definitions published by Melbourne College of Personal Efficiency. 368. Document -- "Children's Course" 369. Melbourne College of Personal Efficiency file -- "Ron and Mary Sue Hubbard -- Correspondence in -- 1964". 370. Melbourne College of Personal Efficiency file -- HCO WW Correspondence in. 371. Communication Magazine Vol. 6, No. 10 -- Man's Search for his Soul: The Dangerous Environment. 372. List of definitions of state of Clear compiled by Mrs. Audrey Henderson. 373. Melbourne College of Personal Efficiency "Advertising" file. 374. Set (incomplete) of Summaries of Lecture Notes. 375. HCO Inf. Lr. of 3rd April, 1962. 376. HCO Bull. of 30th November, 1959. 377. Record of payments to HASI by a preclear. 378. Otis Self-Administering Test. 379. (i) Determination of the Commercial
Clerks Board No. 1, 1964. 380. Calculations submitted by John Clifford Thomas. 381. Letter from The American College to J. Green. 382. Document -- "Academy of Scientology". 383. The American College -- Advertisements file. 384. Creative Education, by M. A. Payne. 385. Business Name Registration Number 173,907 -- Problem Clinic. 386. Two sample sheets of answers to Oxford Capacity Analysis. 387. HCO Bull. of 26th August, 1960. 388. Report of Mental Health Authority for year ended 31st December, 1962. 389. Four HASI receipts issued to a preclear. 390. HAS1 advertising pamphlet. 391. Pro forma of Parental Consent form. 392. Correspondence in regard to L. Ron Hubbard's Ph.D., Sequoia University. 393. Chart showing results of E-meter experiments conducted by Williams. 394. Photo-copy of article by Raynor C. Johnson, on Extra sensory Perception in Science Review, 1964, No. 19, at pp. 20-22. 395. Letter dated 24th November, 1964, from D. M. Tooley to Board of Inquiry with accompanying documents. 396. Statistics in relation to IQ rises. 397. Documents in folder "Scientology Brochures" tendered from Truth. 398. Control and the Mechanics of SCS. 399. Notes on the Lectures of L. Ron Hubbard. 400. How to Live Though an Executive? 401. Sex and the Basic Personality. 402. Preventive Dianetics. 403. The Co-Auditors Manual of Scientology. 404. Scientology, issues 15G, 17G, 23G, 24G, 40G. 405. HAS Training Course Manual. 406. Tape transcripts: -- 407. Letter from Monsignor Moran re Exhibit 77. 408. Communication Magazine Vol. 4. No. 11. -- Scientology 1970. 409. Sanity for the Layman, by Raymond Kemp. 410. A History of Man, by L Ron Hubbard. 411. A Doctor's Report on Dianetics, by J. A. Winter. 412. Scientology: 8-80, by L. Ron Hubbard. 413. The Key to Tomorrow, by U. Keith Gerry. 414. Communication Magazine, Vol. 6. No. 9, Supplement. 415. Scientology Handbook for Preclears. 416. Scientology Group Auditor's Handbook, No. 2. 417. Communication Magazine, Vol. 4, No. 7 -- Scientology for Scientists. 418. Communication Magazine, Vol. 3. No.
7 -- Man's Contest with the Machine Age. 419. PAB's for March, 1962. 420. Advanced Procedures and Axioms. 421. Scientology Auditor's Handbook including Intensive Procedure. 422. Scientology Clear Procedure, Issue one. 423. Document -- "Purposes of HPA Course". 424. 2 HCO Inf. Lrs., dated 21st January,
1963; 425. HCO Bull. dated 14th December, 1963. 426. HCO Inf. Lr., dated 13th March, 1963. 427. HCO Inf. Lr., dated 28th March, 1963. 428. Document headed "Special Notice" re HASI Co-audit, &c. 429. Notice re Special One Day Congress in Adelaide, 11th August, 1963. 430. Document headed "Scientology Training". 431. Document re Extension Course for Hubbard Professional Auditor. 432. Document -- "Welcome to the HPA Course ....". 433. Copy of stop press notice 11th January, 1963. "..... sue Press. T.V......" 434. PAB Nos. 95, 97, 98, 99, 100, 115, 116, 117, 120, 121, 122, 123, 124, 125, 126, 127, 129, 130, 131, 132, 133, 134, 135, 140, 141, 142, 143, 144, 146, 147, 149, 150, 151, 152, 160. 435. Camberwell Free Press dated, 3rd February, 1965, advertising new address of Melbourne College of Personal Efficiency. 436. Sydney Sunday Telegraph, dated 31st January, 1965. 437. Business Name Registration No. 211,539 -- The College of Applied Philosophy. 438. Correspondence between Secretary of Department of Health (Victoria) and Deputy Commissioner, Department of Health, Education and Welfare (Food and Drug Administration), Washington D.C. 439. Communication Magazine Vol. 7. No. 1 -- The Individual and the Group. No. 3 -- Setting out courses currently available. (b) EXHIBITS TENDERED IN CAMERA. C. 1. Reality Magazine, Vol. 2. No. 3. C. 2. Surname of witness's daughter. C. 3 Letter dated 2nd August, 1960, from a witness to Mrs. Williams re Zone Plan, and copy of reply. C. 4. Letter dated 16th August, 1960, from Director of Zoning, to witness. C. 5. Letter dated 27th July, 1960, from Peter Crundall to L. Ron Hubbard re Zone Plan and copy of reply. C. 6. List of names submitted during cross-examination of Williams by Mr. Fagan. C. 7. List of names submitted during cross-examination of Williams by Mr. Fagan. C. 8. Name of person whose background was investigated by HASI. C. 9. Contents of suitcase tendered by P. B. Wearne. C. 10. Appendices 5A to 5E of report of John Herbert Joseph Campbell on HASI and HCO containing names of preclears. C. 11. Legend of names applicable to the Campbell report on HASI and HCO. C. 12. List of Sundry Debtors to HASI. C. 13. Interim Audit Reports by Normal A. Moore on books and accounts of HASI. C. 14. Legend of names applicable to the Campbell report on Australian College of Personnel Efficiency. C. 15. Legend of names applicable to the Campbell report on Melbourne College of Personal Efficiency. C. 16. List of Sundry Debtors to Conquest Investments (Australia) Ptv. Ltd. C. 17. List of payments made by blank cheques supplied by HASI. C. 18. List of four names of executives of P. B. Wearne's publishing business who were having scientology processing in 1960. C. 19. Names of informants of O. J. McKenna. C. 20. Names of persons who made statutory declarations, produced by I. Cousland. C. 21. Names of persons whose abilities lapsed after processing (submitted by D. Moon). C. 22. List of names of five scientologists engaged in business activities. C. 23. Names of two persons referred from Children's Court for scientology processing. C. 24. Name of person "married" in scientology wedding service. C. 25. Names of two preclears audited by D. Moon who showed psychotic tendencies. C. 26. Names of three persons with whom D. Moon discussed his processing "pictures" and who had recalled similar "pictures" during processing. C. 27. Letter dated 14th December, 1963, from Richard King to D. Moon. C. 28. Name of person in charge of group processing following advertisement referring to asthma research. C. 29. Oxford Capacity Analysis graph used by witness D. Moon to describe interpretation of personality tests. C. 30. Names of four preclears referred to in D. Moon's evidence re SCS processing. C. 31. Christian name and identifying notes re person referred to by D. Moon concerning SCS processing. C. 32. Names of two scientologists who were in the company of D. Moon in restaurant when he attracted a waitress by "beam". C. 33. Name of person noted as clear by D. Moon. C. 34. Name of person noted as clear by D. Moon. C. 35. Names of nine persons who recalled past life identities. C. 36. Names of two "rock-slammers" dismissed from HASI in 1962. C. 37. Name of HASI staff member who told D. Moon of the "freeze list" and the name of a person on such list. C. 38. Names of persons processed to eradicate physical complaints. C. 39. Names of two 15-years old auditors and one 16-years old staff member. C. 40. Names of two HASI staff members referred to by D. Moon in regard to religious implants. C. 41. Oxford Capacity Analysis form in respect of a person who visited the HASI. C. 42. Bundle of letters written by HASI to the person referred to in exhibit C. 41. C. 43. Name of person who informed Dr. Dax of amount of processing necessary to free E-meter needle on security check. C. 44. Bundle of correspondence from HASI to a University student. C. 45. HASI correspondence files of two preclears. C. 46. HASI correspondence file re "John". C. 47. Name of person referred to HASI from Children's Court. C. 48. Name of person considered by Dr. Martin to have had paranoid tendencies and who founded a Religious cult (also named on exhibit). C. 49. Name of person mentioned in cross-examination of Dr. Dax. C. 50. Names of two University students who sought Student Counsellor's advice re scientology. C. 51. Copy of letter dated 27th January, 1964, from Gogerly to a preclear. C. 52. Names of persons estranged from their families. C. 53. Name of HASI staff member who underwent leucotomy operation. C. 54. Three HASI processing files re a preclear. C. 55. Name of person given SCS processing by D. Moon and who later signed for HPA Course. C. 56. Name of person audited in Sydney by D. Moon and who mentally collapsed through lack of food or sleep. C. 57. Name of T.V. and radio personality believed by witness to have undertaken scientology processing. C. 58. Name of person audited for stomach trouble. C. 59. Names of persons advised to separate from their spouses. C. 60. Names of medical practitioners visited by D. Moon. C. 61. Names of three scientologists employed by varying periods by P. B. Wearne. C. 62. Name of person who left his family as a result of his scientology beliefs. C. 63. Two files re a preclear. C. 64. Two receipts from Momsen School of Personal Efficiency produced by witness. C. 65. Name of ex-scientologist seen in clerical robes by Mrs. Ruth Lennie. C. 66. Name of person who send "mad" telegrams to John Roberts at HASI. C. 67. HASI correspondence file re a University student. C. 68. Name of friend of Miss B. M. Peake who introduced her to scientology. C. 69. HASI correspondence and processing files of a preclear. C. 70. Statement dated 27th January, 1964, by Miss B. M. Peake addressed "To Whom it may Concern". C. 71. Infractions performed by Miss B. M. Peake. C. 72. Name of scientologist friendly with a witness's niece during her early association with HASI. C. 73. HASI correspondence file re a preclear. C. 74. OCA graph of HPA student audited by C. J. Phipps. C. 75. Copy of research paper by M. B. Macmillan. C. 76. Name of friend accompanied for IQ Test at HASI by A. Youngman. C. 77. HASI correspondence and processing files of a preclear. C. 78. HASI correspondence and processing files of a preclear. C. 79. Statement of witness's earning from business. C. 80. HASI correspondence and processing files of a preclear. C. 81. HASI correspondence and processing files of a preclear. C. 82. Photo-copy of a witness's statement to Police. C. 83. HASI correspondence and processing files of a preclear. C. 84. Name of person whom Mrs. T. L. Southen denied having audited. C. 85. HASI correspondence and processing files of a preclear. C. 86. Bundle of correspondence between a psychologist and Mrs. K. Steele. C. 87. Names of school teachers, known by Mrs. K. Steele to be scientologists. C. 88. Files produced by Mrs. K. Steele. C. 89. HASI correspondence and processing files of a preclear. C. 90. Name of preclear of Miss M. O. Rutherfoord who became ill during processing and name of fellow HPA student who became unconscious. C. 91. HASI processing and correspondence files of a preclear. C. 92. Infraction sheets of two preclears. C. 93. HASI processing and correspondence files of a preclear. C. 94. Two HASI processing files of a preclear. C. 95. HASI correspondence and processing files of a preclear. C. 96. Name of firm at which a witness was employed as floor manager. C. 97. Name of medical practitioner with whom a witness discussed dianetics. C. 98. Names of persons dismissed from HASI by Frank Maher in 1957. C. 99. (i) Amount of savings spent by
witness while interested in scientology. C. 100 to C. 121. HASI processing and correspondence files of 22 preclears. C. 122. HASI and Australian College of Personnel Efficiency files of a preclear. C. 123. (i) Name of person spoken to by
witness. C. 124. HASI correspondence file of a preclear. C. 125. HASI correspondence and processing files of a preclear. C. 126. The "basic decision" of a witness. C. 127 to C. 130. HASI correspondence and processing files of four preclears. C. 131. Name of preclear who had prior psychiatric treatment. C. 132 to C. 144. Australian College of Personnel Efficiency files relating to thirteen preclears. C. 145. Names of two preclears with histories of psychiatric treatment. C. 146. Melbourne College of Personal Efficiency files relating to eleven preclears, and miscellaneous files. C. 147. Melbourne College of Personal Efficiency file of a preclear. C. 148. Name of HASI staff member. C. 149. Name of preclear said by witness to have suffered a miscarriage during or after processing. C. 150. HASI correspondence and processing files of a preclear. C. 151. Name of person stated by Richard King to be associated with P. B. Wearne and D. Moon. C. 152. Names of two persons told to have auditing before HPA certificates were issued. C. 153. Name of preclear whose auditor Mrs. Gogerly told not to let her "fall for" him. C. 154. Names of two persons who acted as preclears for processing demonstrations to Board. C. 155. Name of preclear who has paid over £3.000 for processing at HASI. C. 156. Name of preclear who did not wish to "save" herself and who wrote a farewell note. C. 157. Names of two preclears alleged to have suffered miscarriages during auditing. C. 158. Name of preclear who enquired about refund of processing fees. C. 159. HASI processing and correspondence files of a preclear. C. 160. HASI processing and correspondence files of a preclear. C. 161. Receipts produced by a witness. C. 162. Copy of letter from a witness to HASI and reply. C. 163. Two lists of names. C. 164. Name of person referred to in evidence of R. Masters. C. 165. Name of person refused processing refund. C. 166. Refund agreement pertaining to a preclear. C. 167. HASI correspondence file of a preclear. C. 168. Additional papers from processing file of a preclear. C. 169. Contract form for HPA course. C. 170. Contract form for B.Scn. course. C. 171. HASI processing file of a preclear. C. 172. HASI processing files of a preclear. C. 173 to C. 175. HASI processing and correspondence files of 3 preclears. C. 176. List containing two additional names. C. 177. HASI correspondence file of a preclear. C. 178. HASI Academy file of a preclear. C. 179. HASI processing file of a preclear. C. 180. HASI correspondence file of a preclear. C. 181. Name of business firm whose employees were said to attend The American College. C. 182. Name of Editor of Psychology.
APPENDIX 5: RULING AND REASONS OF THE BOARD IN RELATION TO THE OPERATION
OF PARLIAMENTARY It appears from the Victorian Hansard that the Hon. J. W. Galbally, M.L.C., in the course of speeches in the Legislative Council of the Parliament of Victoria on the 19th, 21st, 26th and 27th November, 1963, made a number of references to scientology, and to information which he had concerning that subject, and in his speech of the 27th November, 1963 (Hansard p. 2533) he stated that he was prepared to give evidence before a Board of Inquiry concerning scientology. It is unnecessary to set out in detail the full text of that speech; it is sufficient to say that it indicated that the honorable member was claiming to be in possession, whether at first hand or as a result of what he had been told by other persons, of a considerable body of information concerning scientology. It is reasonable to assume that these speeches and related events culminated in the appointment of this Board by the Governor in Council on the 27th November, 1963, to inquire into, report upon and make recommendations concerning scientology. I have perused the relevant pages of Hansard, and it is apparent that very many of the matters mentioned by Mr. Galbally are highly relevant to the subject matter of this Inquiry. On that account, the Secretary to this Board, at its direction, wrote to Mr. Galbally on the 15th April, 1964, requesting him to attend and give evidence and produce documents concerning the subject matter of this Inquiry, and on Monday the 4th May, 1964, Mr. Galbally duly attended before this Board. On that day, Mr. Just, counsel assisting the Board, made certain submissions concerning the availability of Mr. Galbally as a witness before this Board, and the Board has also had the advantage of hearing argument by Mr. O'Shea, counsel for what may compendiously be referred to as the scientology interests. In his submission Mr. Just stated that Mr. Galbally was in attendance before the Board and had indicated that he was ready and willing to give evidence, but that he, Mr. Just, had given consideration to whether Mr. Galbally was eligible to give evidence and whether the Board had jurisdiction to receive evidence from Mr. Galbally, because of what appeared to be the very wide effect of the Parliamentary privilege attaching to anything said by a Member of Parliament in the course of proceedings in Parliament. He referred to an article entitled "Privilege of Parliament", published in 1944 in 18 Australian Law Journal, at pp. 70 et seq.; to a note in 1956 in 30 Australian Law Journal, at p. 181, entitled "Parliamentary Privilege and Royal Commissions"; to a similar note in [1956] Qd. St. R. 225; to a newspaper report in the Brisbane Courier Mail of the 10th December, 1963, dealing with a ruling by Gibbs, J., sitting as a Royal Commissioner, and to Halsbury's Laws of England, 3rd edition, Vol. 38, at p. 457. These references in turn contain a large number of other authorities which support the view which I have formed in this matter. The particular privilege in question has been variously stated but each time to the same general effect, namely that "there was no right at any time to impeach or question in a court or place out of Parliament, a speech debate or proceeding in Parliament;" (In the Matter of the Parliamentary Privileges Act 1770. (1958) 2 All E.R. 329, at p. 332). That statement is by Viscount Simonds in the Judicial Committee of the Privy Council and refers to the position obtaining in England, at least since the Bill of Rights of 1688 and consistently claimed by Parliament before that date. It is of the utmost significance in Victoria, since the position in this State appears to be governed by the bill of Rights of 1688 as made applicable by section XXXV. of The Constitution Act 1855 (Schedule (1) of the Imperial Act 18 and 19, Vict. C. 55), the Imperial Act whereby the constitution of the Colony of Victoria was established, and by what is now section 12 of the Constitution Act by Act or Acts to define the privileges immunities and powers to be held enjoyed and exercised by the Council and Assembly and by the members thereof respectively Provided that no such privileges and immu8nities or powers shall exceed those now held enjoyed and exercised by the Commons House of Parliament or the members thereof." The Parliament of Victoria by a proper exercise of the power given it by The Constitution Act enacted in Act 20 Victoria No. 1 (see Dill v. Murphy (1864) 1 Moore P.C. (N.S.) 487) what is now section 12 of hte Constitution Act Amendment Act 1958, which is in the following terms: "12. The Council and the Assembly respectively and the Committees and members thereof respectively shall hold enjoy and exercise such and the like privileges immunities and powers as, and the privileges immunities and powers of the Council and the Assembly respectively and of the committees and members thereof respectively are hereby defined to be the same as, at the time of the passing of The Constitution Act, were held enjoyed and exercised by the Commons House of Parliament of Great Britain and Ireland and by the committees and members thereof, so far as the same are not inconsistent with the said Act or with any Act of the Parliament of Victoria, whether such privileges immunities or powers were so held possessed or enjoyed by custom statute or otherwise." The privilege under consideration in relation to proceedings in both Houses of the Parliament of Victoria is thus of the same kind and degree as that obtaining in England in the House of Commons, and has its foundation, if not in the earlier law, then at least in the Bill of Rights of 1688, by article 9 of which it is enacted "that the freedom of speech and debates or proceedings in Parliament ought not to be impeached or questioned in any court or place out of Parliament." As already stated, the privilege of freedom of speech in Parliament has been repeatedly recognized and affirmed, and it is clear law that no proceedings, either civil or criminal, may be taken against a member of Parliament for anything said or done by him in Parliament and a member is not examinable outside Parliament concerning anything said by him in Parliament: see Ex parte Wason (1869) L.R. 4 Q.B, 573, at p, 573; Bradlaugh v. Gossett (1884) 12 Q.B.D, 271. at p. 275; Stockdale v. Hansard (1839) 9 Ad. & El. 1; Dillon v. Balfour (1887) L.R. Ir. 600; Blackstone, 1 Com, 163; R. v. Creevey (1813) 1 M. & S. 273; Chubb v. Salomons (1852) 3 Car. & Kir. 75. Stephen J., in Bradlaugh v. Gossett (1884) 12 Q.B.D, 271, at pp. 278-9, stresses the point that proceedings in Parliament are not examinable outside Parliament in these words: "Blackstone says (1 Com. 163) 'The whole of the law and custom of Parliament has its origin from this one maxim, "that whatever arises concerning either House of Parliament ought to be examined, discussed, and adjudged in that House to which it relates, and not elsewhere."' The principle is re-stated nearly in Blackstone's words by each of the judges in the case of Stockdale v. Hansard (1839) 9 Ad. & El. 1 .... these declarations are of the highest authority. Lord Denman says (at p. 114): "Whatever is done within the walls of either assembly must pass without question in any other place." Littledale J. says (at p. 162): 'It is said the House of Commons is the sole judge of its own privileges: and so I admit as far as the proceedings in the House and some other things are concerned.' Parteson, J., said (at p. 209) 'Beyond all dispute, it is necessary that the proceedings of each House of Parliament should be entirely free and unshackled, that whatever is said or done in either House should not be liable to examination elsewhere.' And Colridge. J., said (at p. 233): 'That the House should have exclusive jurisdiction to regulate the course of its own proceedings, and animadvert upon any conduct there in violation of its rules or derogation from its dignity, stands upon the clearest grounds of necessity.'" Freedom of speech is an essential condition of any free legislature and it is clear from the authorities cited that the privilege declared in the ninth article of the Bill of Rights has been extended by express statutory provision to the Parliament of Victoria (see, too, Barton v. Taylor (1886) 11 App. Cas. 197, at p. 203; Chenard v. Arissol [1949] A.C. 127, at pp. 133-4; R. v. Turnbull [1958] 8 Tas. S.R. 80.) It follows from the foregoing that what has been said in Parliament is not examinable by any court or other body outside Parliament. A Royal Commission would be such a body and this Board is clearly such a body which has no authority to inquire into what has been said in Parliament. Whether the precise problem under consideration has arisen previously in relation to the Victorian Parliament I have not been able to discover, but the identical question has arisen in relation to a number of other Australian legislatures, and the conclusions reached have been uniform and they have vindicated the privilege now under discussion in very effective terms. The most celebrated case is that described as "The Brisbane Line", and it is discussed at length in 18 Australian Law Journal at pp. 70 et seq. In 1944, Mr. Justice Lowe of the Victorian Supreme Court was appointed a Royal Commissioner to inquire into and report upon a statement made in the House of Representatives by a member of Parliament, Mr. E. Ward, that "I am most reliably informed that one important report is now missing from the official file." His Honour was of opinion that such was the operation of the privilege of free speech enjoyed by members of Parliament, stemming at least from the Bill of Rights, that he had no power, sitting as a Royal Commissioner, to direct Mr. Ward to attend before him and give evidence in relation to the statement made by him in the House of Representatives. This case provides a very close parallel to the present, because section 49 of the Commonwealth Constitution Act extended to both Federal Houses the powers, privileges and immunities of the House of Commons. Again, in 1956, Mr. Justice Townley of
the Queensland Supreme Court, sitting as a Royal Commissioner into
certain In R. v. Turnbull (1950) Tas. S.R. 80 the same view was expressed, and in the most recent instance which has come to my notice, a Royal Commission into certain matters relating to members of the Police Force and the National Hotel, Petrie Bight, Brisbane, Mr. Justice Gibbs on the 10th December, 1963, adopted the views of Mr. Justice Lowe, and Mr. Justice Townley. I have had the opportunity of reading the relevant parts of the transcript, the argument before and the rulings by Mr. Justice Gibbs, and he is of the opinion that the parliamentary privilege contained in the Bill of Rights which protects a member of Parliament from being questioned outside Parliament as to any statement made by him in Parliament necessarily operates in Queensland, even though there is no statutory provision comparable to section 49 of the Australian Constitution or section 12 of the Victorian Constitution Act Amendment Act 1958 in terms making such privilege effective in that Slate. Though none of the three learned Australian Judges sitting as Royal Commissioners, in ruling as they did, were making formal legally binding decisions, the weight of their views would be such that a tribunal such as this Board would be constrained to adopt such rulings even if it did not agree with them. Happily, this Board respectfully agrees with these rulings, and would have come to the same conclusion, so it feels, independently of the valuable assistance afforded by their Honours. Indeed, Mr. O'Shea found it most difficult to contend that there was no such privilege. The effect of his submissions was that in the present case the privilege did not operate because of the intimation by Mr. Galbally that he was ready and willing to give evidence, subject only to his being prevented from so doing by Parliamentary privilege. Mr. O'Shea submitted that the privilege was something which Mr. Galbally could waive. He pointed out that there were several ways in which Mr. Galbally could free himself from the operation of the privilege and qualify himself as a witness eligible to give evidence before this Board. Mr. O'Shea pointed out that Mr. Galbally could repeat in an oral statement or otherwise orally affirm what he had said in Parliament, or he could make a written statement or swear an affidavit to the same effect. If any of these things were done, it is clear that such statements would not be privileged, and that Mr. Galbally could be called as a witness before this Board to give evidence in respect of their substance, even though their substance be the same as the substance of his speeches in Parliament, (R. v. Abingdon (1794) 1 Esp. 226; R. v. Creevey (1813) 1 M. & S, 273). Mr. O'Shea accordingly contended that Mr. Galbally could, properly and not in breach of privilege, be sworn as a witness before this Board and on oath repeat or affirm the substance of his speeches in Parliament and that thereupon he could be examined on the statement which he would then have made in the witness box before this Board. Mr. O'Shea argued that, if Mr. Galbally was prevented from going into the witness box and giving evidence, he was being denied the right which every other citizen has to give evidence on matters relevant to this Inquiry. It seems to me that in the general discussion about privilege, it has been assumed that the privilege is that of the individual member -- something personal to him which he may claim and assert, or waive, as he may choose. I do not think that the privilege with which we are concerned is the possession exclusively of the individual member, though on occasions it may well operate specifically on or in relation to an individual member. It is not surprising that the occasions on which Parliamentary privilege of freedom of speech have been successfully invoked have been occasions on which the member of Parliament concerned has sought to avoid giving evidence or being proceeded against. I have not found, nor have I been referred to, a case in which a member of Parliament has wished to give evidence on matters mentioned by him in Parliament, or in which a member of Parliament wanted an action for defamation to continue against him. There are, however, a number of considerations which to my mind strongly suggest that Parliamentary privilege exists irrespective of the action or inaction of the member of Parliament concerned -- in other words, that the privilege is the privilege of Parliament as a single entity, and the individual member has no say as to whether or not the privilege should operate. The privileges of Parliament are matters of which courts are required to take judicial notice. This, I think, is clear from the language of Lord Cairns in The Speaker of the Legislative Assembly of Victoria v. Glass (1871) L.R. 3 P.C. 560, at p. 572: "That same decision [Dill v. Murphy (1864) 1 Moore P.C. 487], if not expressly, at least inferentially, has also determined this, that the privileges of the House of Commons must be taken notice of judicially, and it follows from this that the powers and privileges of the House of Commons in the year 1855 must also be taken notice of judicially, for it is of the essence of any judicial notice of those powers and privileges, that the Court taking notice of them, should know at what time they were exercised by the House of Commons." In Chubb v. Salomons (1852) 3 Car. & Kir. 75, it was stated that a member of Parliament could not be required to give evidence of proceedings in the House of Commons if he were unwilling to do so and did not have the permission of the House. Though it was necessary that the member be willing, it would seem that that was not sufficient, and that it was also necessary that the House should have given its consent. Dillon v. Balfour (1887) L.R. Ir. 600 may be regarded as authority for the proposition that once it appears that Parliamentary privilege is operative, the Court had no jurisdiction to continue further. It has been held, too, that Parliamentary privilege need not be pleaded but that, once it arises, the Court is seized of knowledge of the privilege and proceeds no further. And, in the article in 18 Australian Law Journal 70, reference is made to the Report of the Select Committee of the House of Commons on the Official Secrets Act wherein it was pointed out, to use the text of the article: "That the privilege of freedom of speech enjoyed by members is in truth the privilege of their constituents, and secured to members immunity from proceedings civil or criminal, on account of anything said or done by them in their capacity as members." And the Report, as the article points out, contains the opinion of Sir Gilbert Campion that Dillon v. Balfour was "authority for the statement that an individual member could not waive the privilege even if he so desired." The foregoing considerations seem to me to support the view that the privilege relating to freedom of speech in Parliament is a privilege of Parliament or in some attenuated way of the constituents, enjoyed by members, and it exists and continues to operate irrespective of the wish of any individual member. It is a privilege which was won only after long and strenuous struggle over a number of centuries and is something which Parliament would protect and effectively vindicate if ever it were challenged. The principle concerned is greater than the individual member, and the courts have consistently recognized that once it is in effective operation, the authority of the court is in effect ousted. If the ousting of such authority means that a court thereupon has no jurisdiction to proceed further, then it seems to be immaterial that a member of Parliament may desire to waive the privilege, for if the court is deprived of jurisdiction but proceeds beyond that point and purports to swear the member as a witness and allow him to be examined and to give evidence relating to the matters on which he made a speech in the House, such proceedings would be a nullity, and any protection which would otherwise attach to a witness in respect of evidence given before a court of law would be absent. So far as this Board is concerned, I am satisfied from a perusal of Hansard and from what has been said at the Bar table that Mr. Galbally, a member of the Legislative Council, made speeches of considerable content relating to many aspects of scientology and that he is ready and willing to be sworn as a witness and ti give evidence in respect of the subject matter of his speeches in Parliament. These matters raise fairly and squarely for consideration the question of Parliamentary privilege, of which I am required to take judicial notice. I consider that the situation is indistinguishable from the position obtaining in the Royal Commissions constituted by each of their Honours, Mr. Justice Lowe, Mr. Justice Townley and Mr. Justice Gibbs, except for the one aspect that in the present case we have a professedly willing witness. But that last-named circumstance is, to my mind, irrelevant if this Board, being seized of the relevance of the Parliamentary privilege, is thereupon without jurisdiction to call Mr. Galbally before it as a witness. If this Board did at this stage proceed to swear Mr. Galbally as a witness and allow him to be examined concerning the subject matter of his speeches in Parliament, this Board would be acting in a manner beyond its authority and competence, and such a witness would have none of the protection afforded by section 30 of the Evidence Act 1958. And I do not think that the matter would be cured by Mr. Galbally in the witness box repeating or affirming what he had said in Parliament and so endeavouring to side-step the operation of the privilege. The Board would be incompetent to have Mr. Galbally before it as a witness, and it could not competently put him in the witness box and ask him to repeat or affirm what he had said in Parliament and thereby re-invest itself with competence. As to the observation that if Mr. Galbally is unable to waive the privilege and go into the witness box and give evidence he is being denied the right of the ordinary citizen to give relevant evidence, the position may well be that the privilege of immunity carries with it the concomitant restriction or disadvantage of not being eligible to give evidence in the manner available to the ordinary citizen. Furthermore, I do not think that one should be astute to find a way to circumvent the operation of Parliamentary privilege, by allowing such witness to be called and by asking peripheral questions indirectly to examine upon what was said in Parliament. Both Mr. Justice Lowe and Mr. Justice Townley declined to allow the operation of the privilege to be indirectly avoided. It will be apparent from the foregoing that this Board is presently of the opinion it should not at this stage call Mr. Galbally as a witness and should not allow him to be questioned concerning scientology. If this Board is correct in its view that the member cannot validly waive the privilege, both the Board and Mr. Galbally would be in contempt of Parliament by breaching the privilege which was not Mr. Galbally's to waive. To say the least, such a development would be highly undesirable. It seems, however, on the authorities, that should Mr. Galbally desire to give evidence before this Board he can cut the Gordian knot and qualify as an eligible witness by making appropriate statements, outside Parliament, which would not be privileged, and for the purposes of this Inquiry he would be, in effect, transforming himself into the ordinary citizen eligible to exercise his right of giving relevant evidence before this Board. What form such statements might take and whether they should be made is not for this Board to say or suggest. At this stage, this Board therefore proposes not to call Mr. Galbally or permit him to be called as a witness before this Board. APPENDIX 6: GLOSSARY OF SCIENTOLOGY TERMS AND ABBREVIATIONS (To assist in understanding text of Report -- not intended to be exhaustive definitions).
* A proportion of additional charges in respect of an account rendered after the completion of the audit has not been taken into account PROFIT AND LOSS ACCOUNT
APPENDIX 9: BALANCE SHEETS OF THE HASI FOR THE FINANCIAL YEARS ENDED 20TH JUNE, 1961, 1962, 1963
APPENDIX 10: STATEMENT OF HASI RECEIPTS AND PAYMENTS FOR THE SIX MONTHS ENDED 30th DECEMBER, 1963
HUBBARD COMMUNICATIONS OFFICE REFUND OF FEE POLICY REVISED A Central Organization is bound by the Code of a Scientologist. If a person has not received any results from processing, his fees, as paid, may be refunded. The following STRICT POLICIES govern fee refunds and must be followed implicity by HCO, the Assn. Sec. the D of P and the Chief Registrar on all such cases. I will make no exceptions. Policy I: Processing refunds may never be given until the person has completed all the hours for which he is signed up, even if he has not paid for them. Policy 2: Anyone asking for money back who has no more hours signed for may have his money back. Policy 3: No person who refuses a Joburg Security Check during processing or before refund may have his or her money returned as processing is thereby refused. Policy 4: Persons buying processing and then refusing processing may not have a refund. Policy 5: The organization may give any past failed case a Problems Intensive, HCO Auditing Form type only, at organization expense but not more than 25 hours. Policy 6: All organization release forms and contracts must contain these clauses above signature. L. RON HUBBARD. [The HCO Pol. Lr. of the 12th October, 1961, was amended by HCO Pol. lr. of the 27th February, 1962, by substituting in Policy 3 for the words "Joburg Security Check" the words "Processing Check devised by the Tech. Director", and by substituting in Policy 5 for the words "Problems Intensive, HCO Auditing Form type only" the words "Processing Check, standard processes only." Due to two upsets in 1963, one in Melbourne and one in London, the refund policy was revised and extracts from HCO Pol. lr. of the 23rd October, 1963, set out the policy current at the time of the Inquiry.] PART OF HCO POLICY LETTER OF OCTOBER 23, 1963. REFUND POLICY (Cancels HCO Pol. Ltrs. of October 12, 1961 and February 27, 1962.) Refunded Monies In a careful review of refunds and in the light of my own experience with persons demanding refunds, and due to two recent upsets in organizations (Australia and London) regarding refunds. the following data may be of assistance. In 13 years involving hundreds of thousands of hours of processing and millions of dollars of income, in any organization where I was assuming direct command I have always promptly and immediately caused to be refunded every penny of the money paid by any person who was dissatisfied with his or her processing. This has been the consistent policy I myself have worked with. In all that time I have only refunded about $3,500. This is due in part to ensuring a certainty of results in any HGC and working hard to make sure the pc gets results, regardless of the current style or mode of processing. This low amount of refund is also due in part to my firm policy that persons who demand refunds may have them exactly according to the Code of a Scientologist, but that any person demanding or accepting refunds thereafter shall be refused as an HGC preclear and posted for the information of field auditors. I have only worked then with these three policies:
It is notable that all but one refund were made to persons with histories of insanity who had been accepted unwittingly for processing. The new policy then is:
L. RON· HUBBARD.
APPENDIX 13: BALANCE SHEETS OF HCO FOR THE FINANCIAL YEARS ENDED 30th JUNE, 1961, 1962 AND 1963
APPENDIX 14: THE AUDITOR'S CODE 1. Do not evaluate for the preclear. 2. Do not invalidate or correct the preclear's data. 3. Use the processes which improve the preclear's case. 4. Keep all appointments once made. 5. Do not process a preclear after 10:00 p.m. 6. Do not process a preclear who is improperly fed or who has not received enough rest. 7. Do not permit a frequent change of auditors. 8. Do not sympathize with the preclear. 9. Never permit the preclear to end the session on his own independent decision. 10. Never walk off from a preclear during a session. 11. Never get angry with a preclear. 12. Always reduce every communication lag encountered by continued use of the same question or process. 13. Always continue a process as long as it produces change and no longer. 14. Be willing to grant beingness to the preclear. 15. Never mix the processes of scientology with those of various other practices. 16. Maintain two-way communication with the preclear. 17. Never use scientology to obtain personal and unusual favours or unusual compliance from the preclear for the auditor's own personal profit. 18. Estimate the current case of your preclear with reality and do not process another imagined case. 19. Do not explain, justify or make excuses for any auditor mistake whether real or imagined. APPENDIX 15: THE CODE OF A SCIENTOLOGIST As a scientologist, I pledge myself to the code of scientology for the good of all: 1. To hear or speak no word of disparagement to the press, public or preclears concerning any of my fellow scientologists, our professional organization or those whose names are closely connected to this science, nor to place in danger any such persons. 2. To use the best I know of scientology to the best of my ability to better my preclears, groups and the world. 3. To refuse to accept for processing and to refuse to accept money from any preclear or group I feel I cannot honestly help. 4. To deter to the fullest extent of my power anyone misusing or degrading scientology to harmful ends. 5. To prevent the use of scientology in advertisements of other products. 6. To discourage the abuse of scientology in the press. 7. To employ scientology to the greatest good of the greatest number of dynamics. 8. To render good processing, sound training, and good discipline to those students or peoples entrusted to my care. 9. To refuse to impart the personal secrets of my preclears. 10. To engage in no unseemly disputes with the uninformed on the subject of my profession. 11. To completely refrain from discussing the case of another auditor's preclear with that preclear or within his hearing. APPENDIX 16: EXTRACTS FROM" BRAIN-WASHING" MANUAL WITH SUBSTITUTIONS The following texts are part of an exhibit tendered to the Board. They are extracts from the Brain-washing Manual, which have been altered to the extent that "scientology" has been substituted for "Communism", "Scientology organization" for "the State", "preclears" and/or "students" for" masses", "HCO" for "the Party", and scientology terms for certain psychiatric terms. Where these substitutions have been made, the substituted words are printed between quotation marks. The extracts, with these substitutions made, read as follow:
APPENDIX 17: SCIENTOLOGY PRESS POLICIES [The following is part of HCO Pol. Lr. of the 14th August AD 13 (1963), distributed to central organizations and Hill students. It is entitled "Scientology Five Press Policies ", and in part repeats earlier directives.)
APPENDIX 18: Text of "Loyalty Oath" appearing in Certainty Magazine Vol. 5, No. 5, 1958 LOYALTY OATH OF MENTAL PRACTICE I hereby subscribe to the following Code of Ethics and Practice and swear to abide by it at all times. I do solemnly swear: (1) To support and defend the Constitution of the United States against all enemies, foreign and domestic; that I will bear true faith and allegiance to same. (2) To refuse to practice "Brainwashing" upon American citizens. (3) To actively prevent the teaching of only foreign psychology in public schools and universities. (4) To engage in no conspiracy to commit or "treat" persons for purely self-interested or political reasons. (5) To refuse to protect criminals by supporting questionable pleas of insanity at trials. (6) To discourage all violence against the mentally ill. (7) To refuse to use, advocate or experiment with physical methods of "therapy" upon patients which might bring about incapacitating physical injury to the patient's brain tissue or body. (8) To use only methods of mental practice or techniques of therapy upon patients which I would willingly experience myself to the same extent or duration that I apply them or advocate that they be applied. (9) To refuse to contribute money, dues or my services to organizations which knowingly impede American scientific research programmes or which work to discredit American psychologists to the public. (10) To refute propaganda to the effect that the study of psychology is hopeless, that 1Q cannot be improved and that Personality cannot be changed. (11) To refuse to accept for counselling or psychological assistance and to refuse to accept money from any patient or group I feel I cannot honestly help and to offer no solution or cure I cannot accomplish. (12) To refuse to advertise beyond the display of my professional card and the supported claims of my school of mental practice. (13) To render good treatment, sound training and good discipline to those students or people entrusted to my care. (14) To engage in no unseemly disputes with the uninformed on the subject of my profession. (15) To refuse to interfere with the lives of my patients beyond actual treatment. (16) To refer to competent medical treatment, ills which demand medical attention. (17) To hold in confidence the secrets of my patients. (18) To accept as fellow psychologists only psychologists adhering to this code and to speak no word of criticism in public of them. I take this obligation freely, without any menial reservations, or purpose of evasion: So help me God. ________________________________ Subscribed and sworn to before me, a notary public ________________________________ at ________________________________ ________________________________ or ________________________________ ________________________________ EXHIBIT 19: MISSING (CONTACT VICTORIAN PARLIAMENTARY LIBRARY http://www.parliament.vic.gov.au/lib.html) FOR THIS. THE STATE LIBRARY OF VICTORIA DOES NOT HAVE A COPY OF THIS EXHIBIT)
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