Letters to the Editor

August 01, 2002

LSL policy outcomes.

In reply to two letters published in the last edition of Army on July 18 in response to my reply about long-service leave recrediting to Sgt M. Craig, 4RAR(Cdo).

The letters were from Capt P. Graham, DRSC-Victoria, and Capt A. Llanwarne, RMC.
Capt Graham, let me say that you did not "escape the legislation".

Paid Reserve days can preserve continuity of service for LSL purposes.

In your case, they did just that in protecting your previous ARA service as eligible service - precisely in the manner intended by the legislation.

This is the critical point that might not be readily understood.

Conditions of service legislation is enacted and operates to deliver certain intended policy outcomes.
It is not a question of being "caught by" or "escaping" the legislation.

As for defective administration [mentioned by Capt Llanwarne], I explained in my reply to Sgt Craig that efforts are reasonably made by those involved in the recruitment process to preserve prior service recognition within the 12-months rule.

This reflects sensible and proper administrative practice. However, failure to achieve such timing does not automatically constitute defective administration - to the extent of creating a liability on Defence to extend a compensatory benefit.

I can understand that some may disagree with or not like this advice, but I can only tell it to you as it is.

Andre Bobets
Director Entitlements
Canberra

In reply: Where do I go?

In reply to Director Entitlements, Andre Bobet's letter [Army, July 4] regarding my LSL it appears that he has missed the point entirely.

Obviously I understand the legal position, the 12-month rule and what impact it has had on my recognition of prior service.

As I stated in my letter, the problem is not that there is a 12-month rule.

The problem is that if a member wants to re-enlist and take advantage of this condition of service, how long before the 12-month cut-off date does he or she need to begin administration so that he or she will not miss out on the reinstatement of his or her LSL.

Does a member have to second-guess SCMA and allow two months, three months or more to ensure that they get the LSL back (although in my case, two months was not enough).

What I was trying to suggest was that maybe SCMA needs to be notified of a member's impending cut-off date if applicable so that a timely re-enlistment date can be administered or alternatively, the time should expire once the member agrees to the terms of re-enlistment.

This can be done at recruiting thereby minimising the chance of defective administration of which I and many others have been on the receiving end.

To Mr Bobets I would say, why is their no legal obligation on the service to ensure this is achieved for members re-enlisting?

The service doesn't mind using a re-enlisted member's previous expertise and training.

I would also say to Mr Bobets I was not "caught out" as he put it, because at the time I agreed to re-enlistment I asked recruitment staff if my LSL would be re-credited and they assured me it would, because I had seven weeks for the paperwork to be processed and they said this would be plenty of time.

Imagine my surprise when I found that signal in my pers file two years later. Defective administration - what do you think? Where do I go from here?

Sgt M. Craig
4RAR(Cdo)
Holsworthy Barracks, Sydney




	Letters to the Editor August 01, 2002 LSL policy outcomes. In reply to two letters published in the last edition of Army on July 18 in response to my reply about long-service leave recrediting to Sgt M. Craig, 4RAR(Cdo). The letters were from Capt P. Graham, DRSC-Victoria, and Capt A. Llanwarne, RMC. Capt Graham, let me say that you did not "escape the legislation". Paid Reserve days can preserve continuity of service for LSL purposes. In your case, they did just that in protecting your previous ARA service as eligible service - precisely in the manner intended by the legislation. This is the critical point that might not be readily understood. Conditions of service legislation is enacted and operates to deliver certain intended policy outcomes. It is not a question of being "caught by" or "escaping" the legislation. As for defective administration [mentioned by Capt Llanwarne], I explained in my reply to Sgt Craig that efforts are reasonably made by those involved in the recruitment process to preserve prior service recognition within the 12-months rule. This reflects sensible and proper administrative practice. However, failure to achieve such timing does not automatically constitute defective administration - to the extent of creating a liability on Defence to extend a compensatory benefit. I can understand that some may disagree with or not like this advice, but I can only tell it to you as it is. Andre Bobets Director Entitlements Canberra In reply: Where do I go? In reply to Director Entitlements, Andre Bobet's letter [Army, July 4] regarding my LSL it appears that he has missed the point entirely. Obviously I understand the legal position, the 12-month rule and what impact it has had on my recognition of prior service. As I stated in my letter, the problem is not that there is a 12-month rule. The problem is that if a member wants to re-enlist and take advantage of this condition of service, how long before the 12-month cut-off date does he or she need to begin administration so that he or she will not miss out on the reinstatement of his or her LSL. Does a member have to second-guess SCMA and allow two months, three months or more to ensure that they get the LSL back (although in my case, two months was not enough). What I was trying to suggest was that maybe SCMA needs to be notified of a member's impending cut-off date if applicable so that a timely re-enlistment date can be administered or alternatively, the time should expire once the member agrees to the terms of re-enlistment. This can be done at recruiting thereby minimising the chance of defective administration of which I and many others have been on the receiving end. To Mr Bobets I would say, why is their no legal obligation on the service to ensure this is achieved for members re-enlisting? The service doesn't mind using a re-enlisted member's previous expertise and training. I would also say to Mr Bobets I was not "caught out" as he put it, because at the time I agreed to re-enlistment I asked recruitment staff if my LSL would be re-credited and they assured me it would, because I had seven weeks for the paperwork to be processed and they said this would be plenty of time. Imagine my surprise when I found that signal in my pers file two years later. Defective administration - what do you think? Where do I go from here? Sgt M. Craig 4RAR(Cdo) Holsworthy Barracks, Sydney .