OVERVIEW
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From our detailed research we assert that previous Reviews, the latest being the 2003 – Review of Veterans’ Entitlements – (Clarke Report), were flawed because in applying the criteria for determining warlike service they inadvertently did not consider all the relevant facts and therefore incorrectly concluded that RCB service was peacetime service. Accordingly, we request that a further review be conducted to consider all the relevant facts as detailed in this submission.
From an analysis of all the data released to us on the subject, including that provided under the FOI Act from national sources, from international sources and applying that data to the Australian Government’s criteria for warlike service; the role, threat, rules of engagement and the expectation of casualties, we contend that RCB service was warlike and not peacetime service for the following reasons which are detailed in the following Parts of this submission:
- The RCB’s operational deployment was authorised by the Australian Government1 but not prescribed by the Governor General as an operational area at the time because of political sensitivities for both Australia and Malaysia. The specific area designated by the Five Power Defence Agreement (FPDA) and repeated in all Commanders’ Directives to the Officer Commanding (OC) RCB was the area within the Butterworth Air Base (BAB).
- The deployment was defensive “to protect Australian assets at the Butterworth Air Base” in a country, Malaysia, that was actively involved in armed operations (2nd Malaysian Emergency 1968 – 1989) against a real, clear and present danger from its enemy, the Communist Party Malaya/Communist Terrorist Organisation (CPM/CTO)’s terrorists who were being supported by China and North Vietnam.2 The Malaysian Armed Forces (MAF), were fighting under their active service classification.3
- The RCB’s security role in a military application is Defence. Defence is a specific phase of war, requiring specific deployments,
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1 Hansard 25th February 1969, pages 33-37: Australian PM John Gorton’s announcement to Parliament. 2 Book: My Side of History by Chin Peng – 2003
3 Letter dated 11th October 2004 from Lim Kui Lee, The Legal Department Ministry of Defence Malaysia.
