RCB Introduction to Complaints

RIFLE COMPANY BUTTERWORTH SUPPORTERS GROUP

46 WOODEND RD SHEIDOW PARK SA 5158

INTRODUCTION

Acting Commonwealth and Defence Ombudsman

GPO Box 442

Canberra ACT 2601

Reference Complaint 2011-11906

Dear Sir/Madam

Official Complaints in Regard to Australian Defence Organisation and the Defence Honours and Awards Appeals Tribunal.

Name: LtCol Mike Dennis, MBE (Rtd), Public Complaint.

Complaint: On behalf of myself and the RCB Supporters Group as detailed below.

Past Members: All others and myself are past members of the ADF.

Taxation: No

Agencies: Australian Defence Organisation and the Defence Honours and Awards Appeal Tribunal.

Previous Contacts with Departments: Will be highlighted in the Chronology of Events detailed below and attachments.

Complaint Details:

Complaint One

We contend that the Department of Defence have willfully and intentionally disregarded written evidence supplied to it, to deprive over 9000 members of the Royal Australian Regiment, who have served in Rifle Company Butterworth in Malaysia in the period 1970 to 1989 of their Repatriation entitlements and medallic entitlements at the appropriate level.

We contend that the Department of Defence is guilty of offences under the Administrative Decisions (Judicial Review) Act 1977-Sect 5. 1, which states:

(a)   that a breach of the rules of natural justice occurred in connection with making the decision:

(b)   that procedures required by law to be observed in connection with the making of the decision were not observed:

5. 2 (a) taking an irrelevant consideration into account in the exercise in power;

(b) failing to take a relevant consideration into account in the exercise of power;

Complaint Two

We contend that DHAT (at the time of issuing TOR and collecting evidence was administered under the Defence Act, although at the time of publication of the report was administered by the DHAAT Act) are guilty of offences under the Administrative Decisions (Judicial Review) Act 1977-Sect 5. 1, which states:

(c)    that a breach of the rules of natural justice occurred in connection with making the decision:

(d)   that procedures required by law to be observed in connection with the making of the decision were not observed:

5. 2 (a) taking an irrelevant consideration into account in the exercise in power;

(b) failing to take a relevant consideration into account in the exercise of power;

Complaint Three

We contend that under the Duty of Care responsibilities of Senior Defence leadership at the time in 1973 are guilty of dispatching armed troops to protect Australian personnel and assets at RAAF Butterworth in Malaysia, from a known enemy (communist terrorists), but intentionally withheld the true role and mission from the troops involved and the Australian people under the public guise of it being a training activity. Subsequent senior officers and officials have continued  to support this lie.

The obligation of a person to exercise reasonable care in the conduct of an activity. Breach of a duty of care which causes damage or loss to another may give rise to an action in tort (q.v.).

SECRET AUSTEO Minutes of the Defence Committee Meeting on 11 Jan 1973 stated “when the Australian Battalion is withdrawn (from Singapore) the requirement for a company for security duties at Butterworth will be met by providing the unit, on rotation, from Australia. This could be presented publically as being for training purposes”.

Definition of Security Duties “freedom from danger, something that secures or makes safe, and something given as a pledge that a person will fulfil some duty or promise”.

Result wanted

To overturn previous flawed decisions and declare service in RCB Malaysia to be “Warlike Operations because they were conducted as conventional combat operations against an armed adversary.”

Contacts

I have contacted you by phone on the 13th of October 2011 and received the following Reference Number 2011-119065.

Contact Information

Email [email protected]

Phone 08 8387 7726 Not a silent number.

Mobile 0422235356

Mailing Address 46 Woodend Rd, Sheidow Park, SA, 5158

Chronology of Events

1. 1970 – 1989 Service of RCB in Malaysia

2. 18 Aug 2006 RCB Review Group Submission to Defence Honours and Awards Directorate, DOD (Plus 2.5 inch dossier of attached written evidence). Attachment 2.1

3. 25 May 2010 LtCol M Dennis, MBE (Rtd) submission to Defence Honours and Awards Tribunal Inquiry into RCB service. Attachment 2.2

4. 10 Jun 2010 RCB Review Group Submission of 2006 to Defence Honours and Awards Tribunal Inquiry into RCB service (Plus a 2.5 inch dossier of attached written evidence). Same as Attachment 2.1

5. 10 Jun 2010 RCB Review Group Addendum Submission to Defence Honours and Awards Tribunal Inquiry into RCB service. Attachment 2.3

6. 18 Feb 2011 Defence Honours and Awards Appeal Tribunal Report into the Inquiry for Members of Rifle Company Butterworth for Service in Malaysia between 1970 and 1989. Attachment 2.4

7. 7 Jun 2011 Successful FOI request for Defence Submission to the Defence Honours and Awards Tribunal VCDF/OUT/2010 dated 23 Jun 2010. Attachment 2.5

8. 14 Aug 2011 Letter from LtCol M Dennis, MBE (Rtd) to the VCDF and Director Defence Honours and Awards Directorate, DOD highlighting the flaws in the Defence Submission. Attachment 2.6

9. 25 Aug 2011 Letter from LtCol M Dennis, MBE (Rtd) to the Acting Chair Defence Honours and Awards Appeal Tribunal on the flaws and inconsistencies in the RCB Service Inquiry Report. Attachment 2.7

10. 6 Sep 2011 Letter From Director Honours and Awards DOD on behalf of the CDF with a non descript negative answer and not addressing any of the issues I raised. Attachment 2.8

11. 9 Aug 2011 Letter from the Acting Chair Defence Honours and Awards Appeal Tribunal acknowledging my letter and referring it to the new Chairman DHAAT. At this stage no formal response. Attachment 2.9

12. 30 Sep 2011 Letter from LtCol M Dennis, MBE (Rtd) to Director Honours and Awards DOD questioning and requiring simple Yes/No answers to his response on behalf CDF. At this stage no formal response. Attachment 2.10

13. CDF’s Policy on Medals 2001 gained under FOI. Attachment 2.11.

Yours sincerely

LtCol M Dennis, MBE (Rtd)                                                          10 November 2011

Attached: Part Two Evidence relating to Complaint One.

: Part Three Evidence relating to Complaint Two.

: Part Four Evidence relating to Complaint Three.

GENERAL REFERENCES CONSISTENT WITH ALL COMPLAINTS

When used as a reference para and sub para will be quoted;

Reference Part 1 A: Report on the Committee of Inquiry into Defence Awards. March 1994 (Commonly known as the Gration Report).  http://www.defence.gov.au/medals/Content/+060%20Reviews%20and20%Reports/CIDA_Report.pdf

Reference Part 1 B: Review of Service Anomalies in Respect of South-East Asian Service 1955-1975 dated Feb 2000. (Commonly known as the Mohr review). http://www.defence.gov.au/medals/Content/+060%20Reviews%and20%Reports/SE_Asian-Review.pdf

Reference Part 1 C: Report of the Review of Veteran Entitlements Jan 2003 (Clarke Review).

http://dva.gov.au/pensions_and_compensation/pensions_and_rates/clarke_review/Pages/reports.asp

Reference Part 1 D: Defence Honours and Awards and Commendation Policy Review Dated 8 Feb 2008 http://www.defence.gov.au/medals/ then click on Reviews and Reports.

RCB GROUP COMMITTEE AND PERIODS OF SERVICE

Robert Cross (1973, 1974/75, 1982)

Chris Duffield (1973)

Phil Oysten (1974/75)

Ken Rundell OAM (1979/80, 1987, 2001)

Stan Hannaford (1974/75)

Padre Gary Stone (Pl Comd 1974/75)

Greg Decker (1974/75)

Major Russell Linwood (Officer Commanding 1982)

LtCol Ted Chitham MC, OAM (Commanding Officer 8/9 RAR Dec 74-Dec 76 during which 2 RCB rotations deployed).

LtCol Mike Dennis, MBE (Coy 2ic 1977)