Earlier
this year, Army opened the door to the CA's office, inviting soldiers
to ask the Chief the hard questions. Lt-Gen Peter Leahy responds.
|
|
|
Soldiers
from 5/7RAR deploy on the second day of INTERFET operations.
Photo from Defence archives
|
UN
service recognition
I WAS a
section commander in 5/7RAR when we served in East Timor as part of
INTERFET and later as we became the first Australian battalion to serve
for the UN since Korea.
The unit
under the UN served in country approximately 83 days before we were
sent home.
We where
told at the time Maj-Gen Cosgrove did not want people double dipping.
When we
returned home we wore our UN berets and brassards for a further 14 days
as we were told that we were still under command of the UN, so there
was a lot of talk about us receiving the UN medal.
The soldiers
who joined us from 3RAR as Pegasus Platoon believed, as we all did,
that we would receive the medal.
I was posted
to RTW Kapooka six months after returning home and during my time there
I met and worked with a number of soldiers who received both INTERFET
and UN medals for their service.
This felt
like a kick in the guts for me and many others who had also found the
same in their new postings.
I am aware
that the Federal Police received their UN medal for 60 days service
and that some people working out of Darwin received the medal.
So my question
is, has this been looked into or have we been told stories to keep up
morale?
I understand
that you do have control over who receives the medal, however, has every
effort been made on behalf of the battalion group?
I know
that we gave our best efforts over there and I think it's only fair
that our service is recognised.
Spr D. K. Joliffe
Trade Training Troop, SME
ELIGIBILITY
for the UN Service Medal - East Timor (also known as the UNTAET Medal)
is governed by the UN's regulations.
The award
of the medal to 5/7RAR is therefore dependent on whether their service
accorded with those regulations.
The UN
Service Medal is awarded for 90 days consecutive service, and if members
of 5/7RAR did not meet the criteria under UN regulations, then they
do not qualify for the medal.
The criteria
for award of the medal to the Australian Federal Police (AFP) does not
involve Defence or its system of Honours and Awards.
Members
of 5/7RAR have received tangible recognition for their service by the
INTERFET Medal, and the Australian Active Service Medal (AASM) with
Clasp "EAST TIMOR" under the Defence System of Honours and
Awards.
Australian
Defence Force personnel are also eligible for the award of the UNTAET
Medal (providing they meet the eligibility criteria) for later service
with the UN in East Timor, not for the same tour with INTERFET.
Lt-Gen Peter Leahy
CA
Holsworthy
Barracks
I SUPPOSE
the big question that many soldiers and myself have is, what is happening
with Holsworthy?
Over the
past seven-to-eight years the area has seen many changes with units
and roles, but it seems that the surrounding infrastructure with regard
to live-in accommodation and training facilities has been completely
forgotten.
When soldiers
pose the question to senior officers or political personnel it's just
too hard to answer, or they just evade the truth.
Holsworthy
Barracks accommodates approximately 3000 ARA soldiers, including 3RAR
and 4RAR(Cdo), and is now the platform for TAG(E), so one would expect
that this area would demand major funding and upgrade of amenities.
This is
not the case, as it seems and if anything it's getting worse.
Currently
this barracks would have to have the poorest level of accommodation
for soldiers in the Army, considering the size and importance of the
base.
Sure, ADF
recently upgraded the lines at 3RAR but this is still a band-aid solution
to a massive problem.
The sporting
fields around the area are in a poor state but most importantly the
running track is shocking, with uneven ground and potholes.
The track
hasn't been well maintained for about five years and if anything it's
used more now with soldiers training for Special Forces.
The gym
on the barracks is probably the smallest and most under-equipped facility
in the Army, considering the amount of personnel it services.
It hasn't
had a face lift in years and when you look at facilities like HMAS Albatross
in Nowra, I ask the question why can't this happen at Holsworthy?
Soldiers
can't even go to the gym on weekends now because it's closed due to
manning shortages.
I now have
served in Holsworthy for six years and before that, in Darwin for five
years.
I understand
that this is not Robertson Barracks, but where does the ADF draw the
line and really get serious about the bases that it controls and funds?
Why spend
large quantities of dollars on these specialised units if the ADF isn't
going to provide modern or well-maintained facilities for their men
and women to maintain individual fitness and rest off duty?
Is Holsworthy
Barracks on the bottom of the list for a real face-lift?
Can you
please provide some guidance on what the future holds?
WO2 Lance Johnson
RAP, 3RAR
AS YOU
suggest, these are hard questions but you point out 3000 very good reasons
why they deserve an answer.
Let me
try.
First,
the place of Holsworthy in the future disposition of the ADF is currently
before Government in the context of the Force Disposition Review.
It seems
pretty clear though, that Holsworthy will be with us for some time.
Of course,
it hasn't always been that clear, and that's part of the reason for
the run-down of some of the infrastructure.
Government
will also decide early next year about the scale of any reinvestment
in Holsworthy in connection with the capabilities you refer to. I would
expect a general base upgrade to accompany this reinvestment.
Second,
we recognise that living-in accommodation at Holsworthy is every bit
as bad as you describe. That's why we invested in the limited upgrade
of 3RAR facilities just recently.
More importantly,
a recent review of living-in accommodation across Defence has identified
Holsworthy as a top priority for significant further investment.
Again,
this matter is currently with Government, but I'm hopeful of an announcement
in the near future.
One of
the features of an expected new approach to living in accommodation
will be a focus on the total living environment.
I will
undertake to keep Army informed as this initiative takes shape.
Third,
in relation to specific sporting facilities, I'm advised that the Corporate
Services and Infrastructure Group have identified funding to enable
the gym to reopen immediately, and I have asked them to contact you
directly in relation to the running track.
I hope
that this response addresses itself to your concerns.
Lt-Gen Peter Leahy
CA
Equal
opportunity
I AM currently
in a bona-fide domestic relationship and have been for five years. Under
current policy I am unable to be recognised by Defence as a Member With
Dependent due to my partner being of the same gender.
I am writing
to enquire if the ADF intends to extend employer benefits to ALL ADF
people living in bona-fide relationships regardless of gender.
Sgt Daniel Wines
UNDER existing
policy arrangements for recognition of a member's spouse, extant ADF
policy definition is based on two pieces of Commonwealth legislation.
The Marriage
Act 1961 stipulates that "Marriage, according to law in Australia,
is the union of a man and a woman" while the Sex Discrimination
Act 1984 defines a de-facto relationship being "a person of the
opposite sex".
The latter
definition applies specifically to ADF members seeking recognition of
de-facto relationships in accordance with DI(G) PERS 53-1 Recognition
of De Facto Marriages.
The present
ADF policies enable the provision of a range of employer benefits and
entitlements to married couples and to couples living in ADF recognised
de-facto relationships.
Those provisions
do not extend to couples cohabiting in same sex relationships.
Lt-Gen Peter Leahy
CA
Super
update
CAN you
please provide an update on the decision to allow superannuation contributions
and payouts to be based on salary and all allowances (eg, SOA, SAFA,
Flying, Submarine) as recommended by the Nunn Review.
WO2 Andy Jackson
4RAR(Cdo)
THIS question
is part of the larger issue of remuneration reform within the ADF that
is presently being considered as part of a Cabinet Submission on the
Nunn Review.
These allowances
are Special Action Forces Allowance, Special Operations Allowance, Flying
Allowance and Submarine Service Allowance.
Should
Government decide to approve the payment of superannuation on these
allowances, there is still a number of legislative changes that need
to occur before any member can receive the superannuation benefits.
These changes
cannot be backdated and will take effect from the date of gazettal.
As these
changes have yet to be approved, we have been cautious about the information
we release to our members, so as not to build up expectations that may
not eventuate.
The Directorate
of Military Salary and Allowance Policy (formerly DSA) web site is a
useful source of information that will be updated when Ministerial direction
has been received. The web address is http://www.defence.gov.au/dpe/dsa/
Lt-Gen Peter Leahy
CA
Pay
problems
I AM a
section commander in 1RAR and my question is; why does it take so long
for soldiers' pay level three to be fixed?
I am disgusted
at the way SCMA is handling pay level three entitlements for the soldiers
in my section and that of many other private soldiers in the company
and battalion.
Some soldiers
have had to wait up to 12 months to receive their entitlement.
The Diggers
are sick of hearing the same old excuses "the paperwork is sitting
at SCMA waiting to be processed" or "there is only one person
that handles pay groups and when that person is on course or leave no
one replaces him/her".
The soldiers
don't care. They want their money, which I think is fair enough.
This not
only affects morale but also their relationships at home.
If this
were a civilian job, people would be sacked or the union would have
shut us down.
Therefore,
why is it taking so long to process pay level three entitlements in
Army where "people matter"?
As soon
as we owe Army money, it is debited from us "in no time, no questions
asked", but when it comes to an increase in the soldier's pay due
to the changing of pay groups it takes forever, what a joke.
It's no
wonder soldiers become annoyed and it becomes increasingly harder for
commanders at all levels to keep soldiers' morale high when they are
not receiving a fair days pay for a fair days work.
I request
to have this situation explained so that it can be fixed or a better
system put in place.
As an NCO,
I have always been told that three things will break the morale of a
soldier, 1 - no mail or information, 2 - bad food and 3 - stuffing his
pay around.
It seems
that someone has forgotten this basic principle of keeping soldiers
happy.
Cpl C. A Harland
D Coy, 1RAR
I AGREE
that the issue of pay is an important one for all soldiers.
The current
high operational tempo is placing additional strain on the system, but
every effort is made to ensure soldiers receive their pay and entitlements.
I believe
that the vast majority of pay and entitlements for soldiers are processed
as quickly and efficiently as possible.
SCMA are
operating with limited resources (one pay/trade clerk for RA Inf) and
are working hard to ensure all requests are processed as quickly as
possible.
As of November,
with the exception of some PORs that arrived with incorrect or conflicting
information on them, the sole pay/trade clerk for RA Inf is up to date.
The few
remaining incomplete PORs are being pursued.
There are
a number of individuals that are involved in the process for a member
to receive pay group 3 including the member, platoon sergeants, company
clerks and SCMA.
With the
current high operational tempo, perhaps areas may not be as efficient
at processing the required paperwork as they usually are.
In addition,
the UPR is responsible for auditing members' pay details and if any
anomalies are uncovered they should contact SCMA by phone, e-mail, fax
or raise a POR to have it corrected.
The sooner
this is done the sooner the anomaly can be corrected.
It is also
important to understand that PORs are not the only item that affects
a member's pay/trade.
SCMA receives
hundreds of Records of Attainment on a daily basis that require action.
Every effort is made to prioritise to ensure IET's ROAs are actioned
first.
If you
are having difficulty with amendments to your pay grade I suggest you
contact the relevant career managers.
The SCMA
web page also provides an e-mail address scma.paytrade@defence.gov.au,
which is designed to assist in resolving pay trade issues sooner rather
than later.
Lt-Gen Peter Leahy
CA
Op
Gold entitlements
AS A member
of Op Gold during the 2000 Olympics (HRS Sqn, JIRU), I can't help but
think that recognition was overlooked due to the fact that the operation
went without incident.
All members
deployed to Timor, whether it be frontline or as far from battle as
could be afforded, received medals of recognition.
Our unit
put a lot of hard work and effort into the period of the Olympics and
had anything happened would have been expected to stand up to the task.
Fortunately, that was not the case.
Do you
know the reason for no recognition in the form of a service medal?
Lt Luke Brandley
School of Army Aviation
OP GOLD
was a peacetime operation that took place with little threat of incident.
Despite
the fact that Op Gold contributed to the safety and success of a mammoth
undertaking like the Sydney Olympics, it cannot be compared to service
in East Timor, which was declared a warlike operation in warlike conditions.
It is Government
policy that medals be reserved for the recognition of service in military
operations and other activities clearly and markedly more demanding
and hazardous than normal.
Defence
duty on some peacetime activities, day-to-day unit tasks may at times
be onerous, but it is classified as normal peacetime service and is
not recognised by the award of a medal.
Peacetime
service in the Defence Force, except for meritorious service or the
established 15 years for long service, does not warrant a service medal.
Any such
award would not be within the intent of the Australian Honours and Awards
System. For this reason, the Op Gold commemorative medallion was established
in lieu of awarding a medal.
Lt-Gen Peter Leahy
CA
Drugs
policy
THERE is
an ever-increasing prevalence of party drugs like ecstasy, amphetamines,
etc, being used by soldiers.
When is
the Army (ADF as a whole) going to take a stance against them and allow
the Service Police to have the jurisdiction needed to investigate and
subsequently prosecute this use.
Currently
there is no charge (inside Australia) available in the DFDA for any
drug use or possession other than Cannabis.
This was
probably okay when the law was drafted 25-30 years ago, but times have
changed.
To further
frustrate this situation, Civil Police have no laws to prosecute past
use of these sorts of drugs, so even if we do catch someone using them
(when we test for cannabis) they have no avenue to charge them (they
can only charge them if we discover the soldier actually in possession
of the drug).
This leaves
administrative action as the only course available, and then only if
they get caught out because we are looking for something else.
The DFDA
needs to be changed to suit the times. When are we likely to see this
happen?
Cpl Dennis McLane
51 MP Pl
I BELIEVE
that illicit drug use poses a continuing threat to the Army's ability
to generate operational capability as it undermines safety, morale,
security, trust and ultimately, teamwork.
I am fully
aware of the limitations present in the DFDA for prosecuting illicit
drug use and Army has been requesting changes to the DFDA for nearly
two years now.
These changes
will allow for detection and prosecution of members involved with the
full spectrum of illicit drugs.
The legislative
amendment required for these changes is being progressed to the Parliament
by the Defence Legal Service, and the changes are expected to take effect
within the next 12-18 months.
In the
interim, I have authorised the random and targeted illicit drug testing
of Army personnel under the auspices of DI(A) PERS 66-5 Army's Random
and Targeted Urinalysis Drug Testing Program.
This program
will see Army members tested for the presence of illicit drugs with
administrative action taken against those who return a confirmed positive
test.
The testing
of Army members under the auspices of this program commenced on November
27 this year.
I expect
commanders to take administrative action against soldiers where there
is evidence of illicit drug use, even if the drugs involved are not
cannabis and DFDA action is not currently possible.
Lt-Gen Peter Leahy
CA
THERE have
been several articles in both the Army newspaper and civilian press
in regard to the exclusion of allowances when calculating contributions
by the member in MSBS. MSBS uses your salary and service allowance only
as the figure for calculating your contributions.
All other
allowances and entitlements are not used when calculating the members
MSBS contribution, yet are included on the Group Certificate. In the
2000-01 financial year, I moved homes twice as my family and I had purchased
a home.
The costs
associated with the move were subject to FBT and were grossed up to
98 per cent and appeared on my Group Certificate.
That financial
year, I managed to break the ceiling in regard to the superannuation
surcharge and received a bill from the Government (through my fund)
for approximately $1300.
It seems
grossly unfair to me that the taxman can charge you for earning above
the threshold, yet my superannuation is calculated on a sum that is
less than what I have been taxed on (which was below the surcharge ceiling)
To further
compound the issue, in 2001-02, MSBS had a minus 8.9 per cent return,
yet my surcharge managed to record a growth and I was charged almost
6 per cent interest.
Why does
the figure used to calculate the interest on the superannuation surcharge
different from the figure that is applied to the fund?
If my fund
has a negative growth, why doesn't my surcharge also have the same "growth"
rate?
Is someone
able to explain to me how such a system works and was allowed to be
introduced in the first instance?
Maj Andreas Scheidl
OC Tech Spt Coy, 5/7RAR
Robertson Barracks, NT
Phil Charlie, Director of Superannuation, responds:
The issue that you raise is not a superannuation issue. It is a taxation
issue.
The rules
applying to the assessment and collection of the Superannuation Contributions
Surcharge are found in legislation administered by the Australian Taxation
Office (ATO).
It applies
to all Australians who have a level of income above a threshold amount.
The surcharge
is a tax on employer superannuation contributions paid on behalf of
employees.
A person's
surcharge liability is determined by the ATO based on the individual's
adjusted taxable income; that is the sum of an individual's taxable
income as worked out on their annual income tax return, inclusive of:
- income
from all sources (including investment income);
- any
reportable fringe benefits; and
- their
surchargeable superannuation contributions.
Since MSBS
is an unfunded defined benefit scheme (with employer contributions not
actually being paid until the person's retirement) surchargeable superannuation
contributions are calculated as 'notional' amounts using factors calculated
and updated by the Australian Government Actuary.
For the
2000/2001 income year, the surcharge was phased in so that it was not
payable where adjusted taxable income was less than $81,493, was levied
at the full rate of 15 per cent for incomes over $98,955 and was pro-rated
for amounts in between.
Having
incurred your surcharge debt you had the option to repay the debt partially
or in full, or opt for the debt to be recovered from MSBS benefits paid
on retirement.
Like most
outstanding debts your surcharge debt is subject to interest charges.
The prevailing taxation legislation specifies that interest be charged
at the ten-year Treasury Bond Rate.
The decision
whether to immediately repay a surcharge debt or leave recovery from
future benefits is ultimately a personal one based on your own financial
circumstances, tax considerations and prevailing interest rates.
As with
most financial considerations every case is different and it may be
prudent to seek professional financial advice.
The ATO
is the primary point of contact on surcharge and related issues.
The ATO
Superannuation Information Line is 131020.
It is important
to realise that the foregoing issues are enshrined in taxation legislation
and apply equally to all superannuation funds. The conditions for operation
of the MSBS (such as salary for superannuation purposes) are specified
in the scheme rules.
The rules
also provide for the investment of members' contributions. Returns on
those investments are, of course, subject to market forces.
Information
about Military Super and the way surcharge is calculated may be found
on the Military Super website at www.militarysuper.gov.au
I ONCE
heard that the most important asset that Army has is its people. If
this is true why are we not looking after them?
A number
of circumstances have occurred to me to make me ask this question. I
moved to Puckapunyal as a MWD(S) soldier at the start of this year.
Due to
a change in circumstances, my wife was able to join me at Puckapunyal
and I arranged for a Married Quarter (MQ).
I moved
into this residence in September as a MWD(S) soldier so my room in the
Mess would be available for others awaiting accommodation.
My wife
joined me in location on October 17, 2003, and hence my categorisation
changed to MWD. Pretty straightforward so far, but this was the point
where things started to break down.
To date
[November 21, 2003], my MQ rent has not yet commenced and Pay blame
DHA and DHA blame Pay and so the circle continues. They have had since
September 17 to have this sorted out.
When I
arranged for my removal I knew that the house I was moving into was
smaller than the house I had moved out of so I arranged with DHA Brisbane
for storage of overflow items. This was approved verbally at the time.
Now I am
in Puckapunyal this storage has now been denied as I have a double garage.
It is half-full
with these items with no room for one of the two cars I own. DHA and
later the Director of Entitlements denied storage with the excuse that
it dose not come within the rules of the PACMAN.
Within
Australia no MQ classed in the same category house is identical.
If you
move from a large residence into a small residence (townhouse), all
overflow furniture or effects regardless of what it is that will not
fit into the new residence should be stored at public expense.
I have
been in the system for some time and know what to expect. I have set
money aside to compensate for the mismanagement of my Pay/MQ rent.
What concerns
me is that this has been allowed to occur. What if I was a young soldier,
not so knowledgable with the system, with a family looking forward to
a nice Christmas?
What would
be happening to him and his family over the Christmas period with no
money because he/she hadn't known to put money aside?
How are
all the other soldiers coping with the lack of storage of their overflow
items after a removal?
Is it fair
that a vehicle be left out in the weather to deteriorate beyond its
worth due to soldiers having to use their garages as a storage facility?
With the
abolishing of Orderly Rooms/Pay Offices and the raising of shopfronts
with personnel that do not have full access to the military systems
I have to ask are we really looking after our people to the best of
our ability?
WO2 Jason Thies
Infantry Trade Policy
HQ CATC, Puckapunyal VIC
Adrian Wellspring, Director Housing Policy and Removals, responds:
The member has raised a complaint in relation to the processing of paperwork
between Defence and DHA to commence his contribution for a Service Residence.
Defence
examined the case and, whilst the chain of events themselves are unclear,
it is clear that there was a breakdown of process.
As a result
of the inquiry, I can advise that the member's contribution has commenced
on payday December 4 .
Notwithstanding
what occurred in this instance, Defence is confident that the existing
processes are appropriate and that this type of event is not usual.
The member
also raised several questions regarding the use of overflow storage.
The Pay and Conditions Manual (PACMAN) details the eligibility for storage
and clearly links the storage assistance to the member's housing entitlement.
This deliberate
linkage provides the basis for determining the items that can be stored
at Commonwealth expense - in effect, those items that cannot reasonably
be accommodated in the member's residence.
An example
of such items would be free-standing wardrobes where built-in robes
are provided in the bedrooms, or bookcases or entertainment units in
instances where the obvious wall recess is too small or there is simply
insufficient space provided for them. Storage would not be approved,
for instance, when a member's eight-seater dining suite won't fit in
the dinging room/space, when the residence is only intended to have
space for a 6-seater suite.
A member's
housing entitlement is also inclusive of general storage through the
provision of either a lock-up double garage, a storage shed and/or storage
within the residence.
General
purpose or non-essential items such as a trailer, boat, exercise or
sporting and leisure equipment, lawnmowers and gardening tools (if the
member has these), are to be stored within the space provided.
It should
be noted that overflow storage is not something that can be accessed
simply because the member does not want an item around the house.
Keith Lyon, managing director DGA, responds:
I can assure readers that DHA is committed to providing ADF members
and their families with a quality service.
Unfortunately
there was a breakdown in communication between DHA and Defence and as
a result WO2 Thies' rent contributions were not processed in a timely
manner. The circumstances in which members change from MWDS to MWD occur
very infrequently and associated pay errors are relatively rare. DHA
accepts responsibility for our role in this error and have reviewed
our processes with Defence.
While both
areas are satisfied that adequate processes are in place, we would like
to apologise for the inconvenience caused to WO2 Thies.
The relevant
Defence area is responding separately to the issue of overflow storage
entitlement.
Approximately
half of DHA's staff have a Defence background and/or spouse and are
therefore very knowledgeable about the issues raised. I encourage members
with any similar concerns to contact their local Housing Management
Centre.
