RCB UPDATE 3/2019 – AND THE BEAT GOES ON

This is an Update on activities reported in Update 2/2019

Legal Conference

Arising from the telephone conference meeting with our barrister it was decided that as there will likely be a new Minister after the election we need to put our case to that person afresh before taking the legal path. This is because the courts would not take kindly to suing somebody who has previously had nothing to do with the decisions against us. To that end our legal team is preparing a brief for the incoming Minister.

National Media Exposure

In the meantime we are continuing our preparations with a national media organisation to expose our claim to the Australian people. No action will commence until we have a decision on the legal advice

Defence Force Retirement & Death Benefit – Commutation issue – A Summary

We continue to monitor it because it is a good example of the power of national media to influence the Government and we can learn valuable lessons from this inquiry.  The timing for the independent inquiry is to be decided after the commencement of the 46th Parliament. The so called independent body is to be the Commonwealth Ombudsman: this decision has been criticised as not being independent of Government.

That Moment of Truth – The Meetings – Update 1/2019

In that Update we reported:

“A week after our return to Brisbane we sent an RCB Brief of the matter to the Minister and Ted Chitham wrote him a personal letter appealing to his decency in decision making and the need to act. We are still waiting for a response for continuation of the unfinished meeting or a decision.”

Today (15th May 2019) the RCBRG received a letter from the Vice Chief of the Defence Force Vice Admiral David Johnston AO, RAN in which he thanked us for our correspondence: Letter of 5th December 2018 to Minister Chester, Letter of 21st February 2019 to Minister Chester, Emails of 26th February 2019 to Minister Payne and Sen Fawcett, and Letter of 22nd March 2019 to Minister Chester; and counters our claims with reasons that are challengeable. Again he repeats this sentence: “In the absence of compelling new evidence the Department of Defence does not intend to examine this matter further.”

Faced with this continuing avoidance to meet with us (refer to the 26thNovember 2018 meeting fiasco) no wonder that we persist with our claim to obtain justice through other channels

Thanks all for your support, suggestions, comments and donations: they are greatly appreciated. I can assure you all of the outstanding dedication of the RCBRG that remains resolute in its determination to pursue our claim.

Prior Planning, Persistence, Patience and Perseverance Prevents Poor Performance

Robert Cross
RCB Service 1973, 1974/75, 1982
RCB Group Leader
Date: 17/05/2019

Share this:

ELECTION 2019 – RSL NSW Veterans’ Policy Debate – 13 May 2019

This Federal Election Veterans’ Policy Debate between the Minister for Veterans Affairs, Darren Chester MP, and the shadow Minister for Veterans Affairs, Amanda Rishworth MP, was chaired by RSL NSW President, James Brown at the ANZAC Memorial, Hyde Park, Sydney.

DFWA Media Statement – Faceless Bureaucrats Change the Law to Beat Wounded Veterans in Court

Veterans medically discharged, including all those with mental health wounds and at risk of self-harm, can receive an Invalidity Benefit from their superannuation scheme.

The Australian Tax Office (ATO) taxes these variable payments as ordinary income rather than at the lower rates that can be applied to superannuation fund disability benefits.

Since 2015, Veterans have been trying to get the ATO to justify their position and advise what law they are using to treat their invalidity payments this way. The ATO has used every dodgy practice in the book to avoid answering the question.

In 2018, Veterans had the Administrative Appeals Tribunal consider this matter. On 1 June, the ATO’s case developed a “fatal flaw” so they requested an adjournment to “consult” with their bureaucratic masters. Although Justice Logan agreed to the adjournment, he expressed concern that the ATO might try to change the law to fix their case before the Hearing resumed.

On 7 December, two days before the Hearing resumed, changes to the law, backdated to 2007, were made to fix the shoddy ATO argument. In other words, the rules and the goalposts were changed at half-time by the faceless bureaucrats. But this is not a game! The men and women of the ADF are trained to obey the rules, even if it means they might die.

Politicians should not let faceless bureaucrats change the law to beat wounded veterans in court and no Australian should be at risk of having the law changed and backdated in the middle of their court case.

This should not happen to any citizen. Veterans have fought for democracy and the rule of law and call on all Australians to join the fight against this blatant injustice! There will be limited time after the election for the Senate or the House of Representatives to pass a Disallowance Motion negating the retrospective changes affecting the case being heard.

Read more on this matter, including what you can do, on the DFWA website here  or contact the DFWA spokesperson John on 02 5104 3106 or [email protected] .

7th May 2019

DFWA Media Statement – Recognition that ADF Members Deserve Support during and after their Service

The Defence Force Welfare Association (DFWA) welcomes the Labor Opposition’s commitment announced today in a joint Media Alert of wide-ranging support to both the nation’s current serving ADF members and to those who once served, importantly, including their families.

DFWA welcomes the Opposition’s commitments on several fronts.

The first being the retention of a specific Department of Veterans Affairs. This alone gives credibility to the notion of a ‘veteran centric’ department focused on the issues of veteran and their families.

Second is the commitment to adequately resource the Association to enhance its ability to properly represent serving ADF members in a professional manner particularly at Defence Force Remuneration Tribunal hearings. Such recognition of its role in representing serving personnel has been long sought from successive governments without success.

Kel Ryan download 2019 05 09T190332.604

Finally in commenting on Labor’s ‘Employment Package’ and its ‘National Families Engagement and Support Strategy’, the National President of DFWA, Kel Ryan, stated that he was particularly pleased that ‘Oasis Townsville’, a long-held aspiration of the Townsville veterans community to have a single hub to which all veterans and their families could go, would be appropriately funded.

The ‘Oasis’ is a model concept that could in whole, or in part, be readily replicated in other parts of Australia. The concept is reflective of the collaboration that is possible between Ex-Service Organisations to not only help each other to achieve outcomes for a common cause but to have a shared focus on supporting serving and ex-serving members of the ADF by making the lives of these men, women and their families better, healthier, happier and more rewarding.

9th May 2019

Contacts
Executive Director:
Alf Jaugietis (0438) 282 284 www.dfwa.org.au
National President:
Kel Ryan (0418) 759 120

DFWA – Voice of the Defence Community

ADSO Media Release – ADSO Policy Objectives 2019-2022

The Alliance of Defence Service Organisation (ADSO) welcomes the opportunity to announce its core Policy Objectives as a timely reminder to those seeking election to the 46th Parliament of Australia.

download 99

A significant portion of the veterans’ community, speaking largely with a single voice, continues to seek redress of a series of key issues, many of which have been outstanding for too long.
Some issues have been the subject of unfulfilled promises, not the least of which includes providing Australia’s most disabled Veterans and their families with an adequate standard of living.

This image has an empty alt attribute; its file name is download-43.jpg

In commenting on the Objectives and encouraging all sides of politics to find legislative ways to redress each issue in turn, ADSO’s National Spokesman, Kel Ryan, wished to acknowledge that the Government, with the Labor Opposition’s support, had taken action on a long-held key Objective, namely to legislate an Australian Military (Veterans) Covenant that gives formal recognition to the Unique Nature of Military Service. The Covenant will be an early item of business for Senators in the next parliament to debate and give effect to it in law.

ADSO also wished to acknowledge the recent veterans’ policy announcements made by both the Government and the Opposition. The bi-partisan approach to an independent inquiry into the administration of the DFRDB commutation arrangements is particularly welcomed. As the Commonwealth Ombudsman will chair the inquiry, we recommend that as many of the issues as possible plaguing the DFRDB scheme from its outset be addressed by the Ombudsman, irrespective of the restrictive Terms of Reference. Those affected by the scheme have long-held the view that, while fair indexation was an abiding issue that must be fixed, there were equally other aspects of the scheme that should be remedied. The illogical and inappropriate use of out-of-date 1962-vintage life tables is but one.

Glaringly omitted from the policy statements by both the Government and the Opposition is recognition of the immensity of the advocacy and welfare work, and the vital role the wider ex-service community plays in support of veterans and their families. That includes the 18-member strong ADSO entity that speaks with one voice, Without exception, they are all not only volunteer-based but lack completely any financial help beyond the meagre amounts available to each Association separately under the DVA Grant-in Aid scheme. And yet ADSO with its vast veterans membership base, missed completely any mention in policy announcements that it too would be supported along with other service providers.
ADSO calls on both sides of politics to acknowledge the contribution of ADSO by funding it for the work it performs on behalf of Government and DVA, and the broad Australian veterans community.

29th April 2019

Media Statement – ADSO Policy Objectives 2019-2022

The Alliance of Defence Service Organisation (ADSO) welcomes the opportunity to announce its core Policy Objectives as a timely reminder to those seeking election to the 46th Parliament of Australia that the veterans’ community, speaking largely with a single voice, continues to seek redress of a series of key grievances, many of which have been outstanding for far too long.

Some issues have been the subjects of unfulfilled promises, not the least of which includes the inability to provide Australia’s most disabled Veterans and their families with an adequate standard of living.

kel

In commenting on the Objectives and encouraging all sides of politics to find legislative ways to redress each issue in turn, ADSO’s National Spokesman, Kel Ryan, wished to acknowledge that the Government, with the Opposition’s support, had taken action on a long-held key Objective, namely to legislate an Australian Military (Veterans) Covenant that gives formal recognition to the Unique Nature of Military Service. The Covenant has passed in the House of Representatives. Senators in the next parliament will have the honour of debating the important Bill and giving effect to it in law.

ADSO also wishes to support the outstanding initiatives that established ‘The Oasis Townsville’, a long-held aspiration of the Townsville ESO Community to have a single hub to which all veterans and their families could go, to be then referred out to the services available from the other ESOs in the area. The ‘Oasis’ is a model concept that could in whole, or in part, be replicated in other parts of Australia. ADSO wishes to congratulate all involved.
The Oasis is reflective of the collaboration that is possible between Ex-Service Organisations to help each other to achieve outcomes for a common cause; to have a shared focus on supporting serving and ex-serving members of the Australian Defence Force; to make the lives of these men, women and their families better, healthier, happier and more rewarding.
16th April 2019

ADSO comprises:
The Defence Force Welfare Association (DFWA), Naval Association of Australia (NAA), RAAF Association (RAAFA), Royal Australian Regiment Corporation (RARC), Australian Special Air Service Association (ASASA), the Australian Federation of Totally and Permanently Incapacitated Ex-Service Men and Women (TPI Fed), the Fleet Air Arm Association of Australia (FAAAA), Partners of Veterans Association of Australia (PVA), Royal Australian Armoured Corps Corporation (RAACC), the National Malaya & Borneo Veterans Association Australia (NMBVAA), Defence Reserves Association (DRA), Australian Gulf War Veterans Association, Australian Commando Association (ACA), the War Widows Guild of Australia (WWG), Military Police Association Australia (MPAA), the Australian Army Apprentices Association (AAAA), the Women Veterans Network Australia (WVNA) and the Combat Support Association (CSA).

Federal Election 2019 – ADSO Policy Objectives

We’re back and ready for action.
At Election time the Government, all Parties and Pollies are accountable to the Australian people for their past performance and we veterans individually assess the impact of their election policies on our Family and the Nation’s future prosperity. The lead up to the Election is the time when Interest Groups such as ADSO have the best opportunity to be heard and listened to and to influence the Parties’ Veterans’ policies.

The Vietnam Veterans Association of Australia’s motto “Honour the dead but fight like hell for the Living”, truly reflects Australia’s paramount national interests in relation to military service: honouring the dead by commemorating their service and caring for the well-being of veterans and their families.
The Nation’s Promise to veterans as stated by PM Billy Hughes in 1917: “We say to them – ‘You go and fight, and when you come back we will look after your welfare’ ….we have entered into a bargain with the soldier, and we must keep it!”, is a non-discretionary obligation.
That commitment, which led to the national obligation to maintain for veterans and their families care and a reasonable standard of living, has been broken in certain areas by successive Governments.

ADSO – A REMINDER
ADSO is an active representative voice for our Australian Defence Family to the Australian Parliament and the Australian people. We advocate to Governments for the well-being of our Defence Family and protection of its service entitlements. We are a non-partisan Alliance of most major ex-service organisations. We lobby the Government, its appropriate Ministers and political parties to achieve our objectives. 
Our Canberra lobby team has direct access to the DVA Minister through quarterly meetings with him and staff on topical issues and importantly we are represented by eight of ADSO’s members on DVA’s National Consultative Framework and its constituent forums (ESO Round Table (ESORT)National Aged and Community Care Forum (NACCF)Operational Working Party (OWP) and Younger Veterans — Contemporary Needs Forum (YVF). It is a formal consultative structure designed to facilitate effective communication between the veteran and ex-service community, the Repatriation and Military Rehabilitation and Compensation Commissions, and the Department of Veterans’ Affairs (DVA). It gives us the opportunity to highlight DVA policy and process problems and seek remedies. Have a look at what they discuss at their quarterly meetings.
And we respond to all Government inquiries related to veterans’ issues with researched submissions and attend related public hearings and inquiries to address them.
Major submissions in the past few years have been:
• 2019 – The Productivity Commission Inquiry into DVA – ADSO Submission March 2019 and ADSO Submission July 2018.
• 2016 – Senate Inquiry into Veterans Suicides – ADSO Submission dated 7 Oct 2016; supplementary submission dated 11 Oct 2016.

ADSO intends to become an Incorporated entity this year to give it greater strength, governance and opportunities.

ADSO’s MAJOR POLICY OBJECTIVES – 2019 Election and Beyond

Download ADSO Policy Objectives PDF

download 43

 They will be released by our national spokesperson Kel Ryan in Townsville tomorrow Tue 16th April 2019.

WE NEED YOUR HELP – HERE’S HOW
To be successful we need your support. Even though these objectives may have no benefit to you personally NOW, they do to others of our Defence Family such as the:
• 235,000 military superannuants administered by the Government protected Commonwealth Superannuation Corporation (CSC);
• 110,000 MSBS members who have preserved benefits that are poorly indexed and not receivable until their notional retiring age and not portable to another complying Superannuation Fund;
• DFRDB Superannuants who commuted;
•  Widows whose reversionary payment is unfair;
• 27,000 TPIs whose disability payments have been severely eroded;
• 90,000 veterans whose disability payments have been eroded, and
• 290,000 DVA clients.
We hope that being part of our Family you will be supportive in whatever way you can.

Regardless of the election result we will be promoting our issues to all the newly elected MPs/Senators through our Advocates in Canberra and our Action Groups in the electorates by offering our support to brief them on veterans’ matters.

There is no doubt that using direct action tactics especially with social media is effective in promoting our issues. Please share our activities with your family and friends on Facebook, twitter or other social media.

Join Us. If you have not yet joined us, then please  subscribe to receive our free Updates and/or volunteer to join your local electorate Action Group Team or become an Advisor. As an Advisor you can assist us with your experience and expertise in a particular Campaign policy objective, such as arketing,public relations, media, investigative journalism, superannuation, legal, health, information services and technology, accounting, financial planning, sales, etc.

Add On. If you already subscribe to receive our Updates, then please consider increasing your involvement by volunteering to join your local electorate Action Group Team or becoming an Advisor.

Stay InformedKeep up to date with the Fair Go Campaign

Donating to Fund the Campaign

We are all unpaid volunteers and are motivated by the need to protect and care for our Defence Family. We fund our Campaign solely by donations from our supporters. If you can, please make a donation. Every donation, no matter how small, will make a big impact on our ability to get our message into the community. It will help pay for our promotions and promotional material (posters, Fact Sheet handouts etc), professional advice and administrative expenses. We are fortunate that many of our supporters provide their professional advice free. Thanks for your donation.

THANK YOU AUSTRALIA FOR YOUR SUPPORT IN PROTECTING THE PROTECTORS
UNITED WE SUCCEED, DIVIDED WE FAIL


Ted Chitham & Alf Jaugietis
Co-Directors ADSO Fair Go Campaign
15 April 2019

DVA Better Access for Veterans and their Families

The Department of Veterans’ Affairs is working closely with the veteran community to make sure we are designing MyService to best suit your needs and preferences.

It is with thanks to feedback from MyService users, that we have recently updated the claims page to display all claims in a single view, rather than a drop-down menu. This will make it easier for you to navigate the claims process and find the information you need quicker.

Log on to your MyService account now to experience the change for yourself.

Log onto MyService now

Opinion – Now’s the time to fix benefits

The iniquities in military pensions and superannuation payments has been the subject of intense lobbying for some time by those affected. The response from governments of all persuasions has been rejection, justified with obtuse argument prepared by indifferent bureaucrats.

So imagine everyone’s surprise when two days before payments were due this week, Veterans’ Affairs Minister Darren Chester announced: “The Government will commission an independent inquiry into the administration of the DFRDB commutation arrangements.”

download 47

Chester’s DFRDB initiative is too little, too late and smacks of political opportunism, if not desperation. Veterans understand nothing can be achieved six weeks before a federal election.

Darren, here’s a cunning plan.

READ MORE

Ross Eastgate
28th March 2019

DFWA – Independent Inquiry into DFRDB Commutation Arrangements Welcomed

The Defence Force Welfare Association (DFWA) and ADSO welcomes the Government’s announcement yesterday that it would finally commission an independent inquiry into the commutation arrangements of the Defence Force Retirement and Death Benefits (DFRDB) superannuation scheme.

In commenting on the announcement, the National President of DFWA, Kel Ryan, stated that he particularly welcomed the Government emphasising the importance of open and transparent discussion around veteran concerns, and that it would consult with the ex-service community about the Terms of Reference for the inquiry.

As for the commutation arrangements, Kel Ryan stated that DFWA and the veterans community as a whole had long sought redress of varying grievances relating to DFRDB, not the least of which included the continued application in 2019 of out-of-date 1962 life tables for calculating both commutation entitlements and fortnightly superannuation payments made to veterans subject to the DFRDB scheme.

Hopefully, the proposed inquiry will uncover the serious financial injustices that those out-dated life tables have caused to DFRDB superannuants. Life expectancies have markedly increased from the time since the DFRDB scheme was introduced in 1973. Those increases have meant that the amount of permanent pension reduction calculated using old tables is far higher than they should be if current tables applied.

The Defence Force Welfare Association, along with its partners in the Alliance of Defence Service Organisations, will be making written submissions to the inquiry and looks forward to actively participating in drafting the Terms of Reference.
26th March 2019

DFWA – Voice of the Defence Community

Media Alert
It is believed that the ABC TV’s 7.30 pm Report on Wednesday 27th March 2019 will include an article on the subject DFRDB Commutation

Comment. If you or your spouse have or had a DFRDB superannuation pension, particularly if you commuted, this inquiry will be worth watching. The ToR will be interesting. An adjustment to pensions based on the correct life expectancy at the time of a DFRDB member’s separation from the ADF should be achievable. In most cases, the adjustment would be modest but would recognise and redress the fundamental flaw in the original 1973 DFRDB Act’s use of outdated and biased life expectancy tables, which seriously disadvantage all DFRDB superannuation pension recipients who chose to commute (some 98% of all DFRDB super pensioners).