Equal Justice for Troops blog

Report released into the death of Lance Corporal Jared MacKinney

2012-02-02T01:05:00.000-08:00

The Vice Chief of the Australian Defence Force, Air Marshal Mark Binskin AO, today released an inquiry report into the death of Lance Corporal Jared MacKinney. The report can be found here.

Lance Corporal MacKinney was killed in action in Afghanistan on 24 August 2010 during an intense fire-fight between an element of the Mentoring Task Force 1 and Taliban insurgents near the village of Derapet in the Tangi Valley.

Air Marshal (AIRMSHL) Binskin said Lance Corporal MacKinney was shot and killed by a single round from an insurgent weapon approximately half an hour into the battle.

“Soldiers provided Lance Corporal MacKinney with immediate first aid and continued to give him CPR until an Aero Medical Evacuation (AME) helicopter arrived,” AIRMSHL Binskin said.

“The AME was conducted under enemy fire. The AME team, the soldiers preparing the landing zone and those providing first aid demonstrated tremendous courage. However, Lance Corporal MacKinney’s wound was not survivable. He was killed instantly.”

Lance Corporal MacKinney was wearing his issued combat helmet and body armour system with plates fitted both front and rear at the time of his death. There is no evidence of any failure in his protective equipment.

There was no evidence of any substantial weakness or deficiency in relation to the specific incident involving Lance Corporal MacKinney.

AIRMSHL Binskin also said the inquiry officer examined in detail concerns raised in an email by a soldier who was involved in the fight at Derapet.

He raised concerns regarding support provided to the patrol on 24 August:, specifically access to fire support, post-activity intelligence and ammunition.

“The Inquiry Officer ("IO") determined there was no failure to make mortar support available to the patrol during the battle. Coalition 120mm mortars were on site and were an integral part of the fire support plan.

“In addition, a review of the post-activity intelligence reports was conducted and there was no failing in the intelligence reporting for the incident on 24 August.

“The [IO] was also satisfied that no member exhausted his total ammunition supply during the battle. There were appropriate measures in place for re-supply and there was sufficient ammunition for a contact of that scale,” AIRMSHL Binskin said.

When interviewed as part of the inquiry, the soldier described his email as a form of ‘venting’ as part of a grieving process for the loss of his mate.

No action has been taken against the soldier who raised the issues.

The IO believed the email did not represent a genuine complaint but was a simple expression of grief.

The IO made one recommendation: that a Commission of Inquiry into this incident is not warranted. This recommendation has been agreed to by ADF and the Minister of Defence.

Aussie MINDEF releases 116 "hot issue briefs" in a bid to make ADF more transparent to the public

2012-01-20T01:46:00.000-08:00

Today the Australian Minister for Defence Stephen Smith released 116 Department of Defence Hot Issue Briefs, covering the period from 14 September 2010 to the present day. The released information can be found here.

Since being appointed Minister for Defence on 14 September 2010, Mr Smith has received from the Department of Defence 248 Hot Issue Briefs.

Hot Issue Briefs provide initial and early advice to the Minister and Defence’s senior leaders on sensitive or complex matters or incidents that may require the immediate attention of Defence’s senior leadership.

Under the provisions of the Freedom of Information Act 1982, and in response to requests from media outlets, Defence has progressively made public its Hot Issue Briefs, most recently through the release this month of 142 Briefs covering the period 1 July 2010 to 8 November 2011.

Of the 142 Briefs released this month;

· 80 are personnel related, involving a range of incidents including inappropriate behaviour, and other personal matters;

· 31 are capability related; and

· 31 cover a range of other matters (such as loss of equipment, release of notable reports, and discovery of unexploded ordnance).

“Today’s release will see 245 of the 248 Hot Issue Briefs received by me since becoming Minister placed in the public domain,” said Mr Smith.

Of the 116 Briefs released today:

· 58 are personnel related, involving a range of incidents including inappropriate behaviour, and other personal matters;

· 16 are capability related; and

· 42 cover a range of other matters (such as loss of equipment, release of notable reports and discovery of unexploded ordnance).

67 of these incidents were reported to civil police or the ADF Investigative Service for investigation and 3 were reported to the Defence Security Authority and relate to the potential theft of documents.

Only 3 Briefs are not being released at this time as they would prejudice ongoing matters. They will be released at a subsequent time.

Mr Smith has also directed a change to the Hot Issue Brief process, aimed at streamlining its process and enhancing transparency.

“I have asked Defence to ensure the regular and ongoing release of Hot Issue Briefs, as a general proposition, no later than one week after their submission to me,” said Mr Smith.

Exceptions to this rule will be individually and personally approved by the Secretary of Defence or the Chief of the Defence Force and be based solely on the criteria that any public release would:

· endanger operational outcomes;

· prejudice legal proceedings; or

· impede or prejudice ADF Investigate Service (ADFIS) or civil police investigations.

Some redaction of information in the Briefs should be expected. These are undertaken in accordance with the requirements of the Freedom of Information Act 1982, and based on the removal of information that may:

· identify an individual without their consent;

· contain commercial-in-confidence or legal-in-confidence elements; or

· release operational or classified information.

“This approach is consistent with the key changes to the Freedom of Information Act 1982 that came into effect on 1 November 2010, and the Information Publication Scheme.

“As well, the Black Review of the Defence Accountability Framework challenged Defence to enhance individual and collective accountability. Placing on the public record Defence’s advice to me on these issues – including instances of inappropriate behaviour – is a part of that accountability,” said Mr Smith. The Black Review can be found here.

Aussie diggers ordered to return to front line to face discipline after drinking in Dubai

2012-01-13T20:42:00.000-08:00

Earlier this week eight Australian soldiers from Mentoring Task Force 3, who were en route home to Australia after having served in the front line in Afghanistan, were ordered to return to the front line to face possible disciplinary action for allegedly drinking in Dubai on a layover.

The Returned & Services League of Australia ("RSL") was quick to point out that the diggers could have been sent back home to Australia, to face any discipline, as opposed to going back to Afghanistan. RSL Deputy National President Don Rowe, told the Herald Sun, here, "the sad thing, of course, is their families would've been waiting for them at the airports to welcome them back home, and instead they've gone back to Afghanistan to face disciplinary action which could've been done back in Australia."

[Disclaimer: I am a member of the RSL and an office holder.]

Changes to Emergency Care Payment Policy by the U.S. Dep't of Veterans Affairs

2012-01-12T21:33:00.000-08:00

The U.S. Department of Veterans Affairs announced today a change in regulations regarding payments for emergency care provided to eligible veterans in non-VA facilities.

“This provision helps ensure eligible veterans continue to get the emergency care they need when VA facilities are not available,” said Secretary of Veterans Affairs Eric K. Shinseki.

The new regulation extends VA’s authority to pay for emergency care provided to eligible veterans at non-VA facilities until the veterans can be safely transferred to a VA medical facility.

More than 100,000 veterans are estimated to be affected by the new rules, at a cost of about $44 million annually.

VA operates 121 emergency departments across the country, which provide resuscitative therapy and stabilization in life-threatening situations. They operate 24 hours a day, seven days a week. VA also has 46 urgent care units, which provide care for patients without scheduled appointments who need immediate medical or psychiatric attention.

New Chair Appointed to Repatriation Medical Authority

2012-01-12T21:28:00.000-08:00

Today the Minister for Australian Veterans’ Affairs, Warren Snowdon, announced Professor Nicholas Saunders has been appointed as the new Chairperson of the Repatriation Medical Authority (RMA).

Professor Saunders recently retired as Vice-Chancellor and President of the University of Newcastle and will commence his five year appointment with the RMA on 1 July 2012.

“I congratulate Professor Saunders and welcome him to the role. He is a highly respected and experienced leader, who has held high profile positions in the academic and medical professions over many years. He is well qualified for his new role,” Mr Snowdon said.

Professor Saunders was awarded an MBBS with first class honours (Bachelor of Medicine, Bachelor of Surgery) from the University of Sydney in 1970; he became a fellow of the Royal College of Physicians Canada in 1975, followed by fellowship of the Royal Australasian College of Physicians in 1976. He has also served as the Chair of the National Health and Medical Research Council from 2000-2003.

Professor Saunders was awarded the Centenary Medal in 2002 for his contribution to the success of the nation. He also received the College Medal in 2002 for his outstanding services to The Royal Australasian College of Physicians, which is responsible for the training and education of more than 13,500 physicians and pediatricians in Australia and New Zealand.

Professor Saunders will replace outgoing chairperson, Professor Ken Donald, who has held the position since the inception of the RMA in 1994.

“I would like to thank Professor Donald for his dedication to the RMA and for his many achievements over the past 17 years including setting up the Statement of Principle regime, which is a critical element of the system established to provide compensation to veterans who may have service related injuries or illnesses,” Mr Snowdon said.

“Professor Donald has left a lasting legacy with both the RMA and DVA and I wish him all the best for the future.”

The RMA was established in 1994 to reform the process of decision making about disease causation. It is an independent statutory authority responsible to the Minister for Veterans’ Affairs. It consists of a panel of five practitioners eminent in fields of medical science, who each determine Statements of Principles for any disease, injury or death that could be related to military service, based on sound medical-scientific evidence.

Change in law increases insurance coverage for American veterans

2012-01-11T23:39:00.000-08:00

Some veterans covered under the Veterans Group Life Insurance program (VGLI) now have the opportunity to increase their coverage to the current maximum coverage under the Servicemembers’ Group Life Insurance (SGLI) program.

“Currently, 70 percent of the veterans covered under VGLI are under age 60, have less than $400,000 of coverage, and will greatly benefit from this law change,” said Allison A. Hickey, Department of Veterans Affairs under secretary for benefits.

Under the Veterans’ Benefits Act of 2010, enacted on Oct. 13, 2010, veterans can increase their coverage by $25,000 at each five-year anniversary date of their policy to the current legislated maximum SGLI coverage, presently, $400,000.

To date, approximately 21 percent of eligible veterans have taken advantage of this opportunity, resulting in nearly $113 million of new coverage being issued.

The VGLI program allows newly discharged veterans to convert their SGLI coverage they had while in the service to a civilian program. Before enactment of this law, veterans could not have more VGLI than the amount of SGLI they had at the time of separation from service.

For example, those who got out of the service prior to Sept. 1, 2005, when the maximum SGLI coverage was $250,000, were limited to $250,000 in VGLI coverage.

Now on their first five-year anniversary, these veterans can elect to increase their coverage to $275,000. On their next five-year anniversary, they can increase the coverage to $300,000, and so forth.

The additional coverage can be issued regardless of the veteran’s health. To be eligible to purchase this additional coverage, the Veteran must:

· Have active VGLI coverage,

· Have less than the current legislated maximum coverage of $400,000,

· Request the additional coverage during the 120-day period prior to each five-year anniversary date, and

· Be less than 60 years of age on the five-year anniversary date of his or her coverage.

Eligible veterans are notified of this opportunity a week before the start of the 120-day period prior to their anniversary date, and twice more before the actual anniversary date.

Unveiling and Dedication of the North Bondi War Memorial

2011-12-11T15:48:00.000-08:00

Unveiling, Dedication & Donation of North Bondi War Memorial from Bruce Macbryde on Vimeo.

Return to blogging after a busy 2011

2011-12-11T12:51:00.000-08:00

I am returning to blogging. The last eight months have been some of the most busiest times I have ever experienced in my life. Thus I was not able to blog often.

The North Bondi War Memorial was finally unveiled and dedicated on 27 November 2011. I must admit earlier this year that when I undertook spearheading the project I had no idea the number of hours required and obstacles which needed to be overcome in order to make the war memorial a reality. It was an absolute privilege and honour to have worked on this very special war memorial -- on the world famous beach of Bondi. I thank my RSL colleagues for the opportunity, their trust and faith in me, the team work and support shown me over the last year.

The September foot surgery went well though I had no real downtime and was still spending time from my hospital bed working on the war memorial. Unfortunately I face two more surgeries on the foot in the upcoming year and in 2013.

Business studies have been going well. This past semester saw me pulling out my hair at nighttime classes in accounting. I'm so glad it's over and summer holidays are upon me - no more school until February 2012.

Six achievements that I'm proud of this year: (1) my appointment by the New South Wales Governor to a five year term as Justice of the Peace [I took my judicial oath of office and oath of allegiance to Queen Elizabeth II in June]; (2) my admittance as a member of the New South Wales Bar Association (as a non-practicing barrister); (3) successful completion of the Australian Department of Veterans' Affairs - National Training and Information Program as an Advocate; (4) my appointment as an Associate Fellow of the Australian Institute of Management; (5) election as a Council Member of the Royal United Services Institute of NSW; and (6) my involvement with the North Bondi War Memorial project.

I just returned from a very nice holiday in beautiful Yamba, New South Wales with my Aussie relatives. This gave me a chance to meet the latest addition to the O'Connor Clan. Little Harry is a real shaker and mover at just 7 weeks old.

In 2007 I moved home to Australia and I can now say I finally feel settled. Shortly after moving home to Sydney I felt a strong sense of duty to country and patriotism. As some know in 2008-09 I was a candidate for the Royal Australian Air Force for flight status but unfortunately received a Class 4 Medical disqualification (permanently medically unfit) in 2009 due my previous spinal cord injury. My work over the last year on the war memorial provided me with the opportunity to give back to the community and our great country. The experience has enriched my life more than I could have ever imagined or hoped for when I first moved home in 2007.

In 2012 I will be devoting more of my attention to the blog and giving some focus to Australian DVA claims - specifically MRCA claims.

DFDAT releases opinion in Low v. Chief of Navy

2011-11-22T21:03:00.000-08:00

Today the Australian Defence Force Discipline Appeal Tribunal released its decision in Low v. Chief of Navy [2011 ADFDAT 3] which was an appeal in a court-martial conviction.

A Restricted Court-martial was convened in March 2011 to try the Navy petty officer for an incident occurring in Papua New Guinea which included allegations of the commission of the act of indecency against a fellow sailor, assaulting a subordinate, use of insulting words in a public place, and prejudicial conduct contrary to section 60(1) of the Defence Force Disciplinary Act. The petty officer was found guilty pursuant to his pleas of two charges and after a trial guilty on the first count.

The appeals tribunal did not grant leave to appeal four grounds, but granted leave to appeal on the ground the conviction was unreasonable or that it cannot be supported by the evidence. However, the tribunal rejected that contention.

Female Australian soldier is alleged to have been sexually assaulted on operations

2011-10-09T14:28:00.000-07:00

A female Australian soldier serving in the Middle East area of operations was allegedly sexually assaulted at a military base in Tarin Kot, Uruzgan Province, last month while on deployment in Afghanistan.

The soldier reported the alleged assault to superiors on Wednesday (5 October, 2011) and the matter is now the subject of an investigation according to a press release by the Australian Defence Force ("ADF") last night.

Further details regarding the alleged assault will not be released by the ADF whilst the investigation is underway.

Meet the Press transcript available from MINDEF's interview

2011-10-09T02:34:00.000-07:00

MINDEF Stephen Smith's interview this morning with Meet the Press' Hugh Riminton is available here.

New Aussie environment simulation centre to enhance soldier protection

2011-10-09T02:27:00.000-07:00

A new facility to test combat clothing will help to provide enhanced protection for Australian soldiers, the Minister for Defence Science and Personnel, Warren Snowdon announced last Friday.

Mr Snowdon opened a new $4 million environment test facility at the Defence Science and Technology Organisation (DSTO) in Melbourne.

“Our servicemen and women deserve the best possible protection and this facility will enable scientists to develop protective clothing suitable for a range of hazardous and toxic environments,” Mr Snowdon said.

“This state-of-the-art facility can simulate any natural environmental condition that ADF personnel are likely to encounter between -20° to +50° Celsius.”

DSTO researchers will use the multi-purpose environment simulation facility to assess the performance and function of ADF clothing including existing uniforms, developmental materials, and new design options.

They will also be able to assess the limits of human physiological performance in climatic extremes.

A key feature of the facility is a full-size, articulated mannequin that mimics human movement, enabling scientists to make objective, full system assessments rather than relying on the claims of manufacturers.

“This is a major improvement on the existing system of testing which used small swatch samples cut from uniforms or rolls of cloth,” Mr Snowdon said. “The fully kitted-out, moving mannequin will substitute as a virtual soldier and allow the entire ensemble to be evaluated in a holistic way.”

“This new facility significantly enhances DSTO’s support to the ADF’s integrated force protection capability and will help to refine the design of combat clothing, so it offers more comfort, protection and integrates better with other combat equipment,” he said.

This week in Parliament, Courts and Tribunals (10 October 2011)

2011-10-09T01:56:00.000-07:00

The following legislative activities, which affect Australian servicemembers, veterans or concern military justice issues, relate to freedom of information or national security, are occurring this week in the Parliament of Australia:

Both Houses of Parliament are sitting this week.

The following Committee hearings are occurring which concern the subject matter of this blog:

Tuesday, 11 October 2011

Senate Foreign Affairs, Defence and Trade References Committee, hearing on Effectiveness of the Australian Government's response to Australian citizens who are kidnapped and held for ransom overseas, 1750 - 1950 hours, Committee Room 2S1 Parliament House. Terms of referen can be found here and submission here. ASIO's unclassfiled submission can be found here.

House and Senate Joint Committee on Foreign Affairs, Defence and Trade, hearing on Inquiry into Australia's Human Rights Dialogues with China and Vietnam, 1300 - 1400 hours, Committee Room 1R4. Terms of reference can be found here and submissions here.

Wednesday, 12 October 2011

House and Senate Joint Committee on National Capital and External Territories, hearing on Inquiry into administration of the National Memorials Ordinance 1928, 0800 - 0900 hours, Committee Room 2S3 Parliament House. Terms of reference can be found here. The Returned & Services League of Australia's submission can be found here and other submissions can be found here. [Disclaimer: I am a member and office holder within the RSL.] (The hearing will continue on Friday, 14 October 2011.)

Friday, 14 October 2011

House and Senate Joint Committee on National Capital and External Territories, hearing on Inquiry into administration of the National Memorials Ordinance 1928, 0800 - 0900 hours, Committee Room 2S3 Parliament House. Terms of reference can be found here. The Returned & Services League of Australia's submission can be found here and other submissions can be found here. [Disclaimer: I am a member and office holder within the RSL.]

High Court of Australia

No happenings this week in the High Court with respect to the subject matter of this blog.

Federal Court of Australia

Daily Listings can be found here. No cases are being heard by the Full Federal Court this week which involve the subject matter of this blog.

Defence Force Discipline Appeal Tribunal

The DFDAT next sits on 27 and 28 October 2011.

Veterans' Review Board

For a full list of this week's cases in Brisbane, Canberra, Melbourne, Perth and Sydney go here.

U.S. Senate and House introduce legislation to give Supreme Court access to troops

2011-10-06T23:52:00.000-07:00

[UPDATED]

For those of us born in the late 1960s or early 1970s you might recall the television commercial of the wise Mr Owl with the boy asking asking him "How many licks does it take to get to the Tootsie Roll center of a Tootsie Pop?" I pose this question: How many Congresses will it take before lawmakers grant servicemembers equal access to the United States Supreme Court?

Today legislation was introduced in the U.S. Senate and House of Representatives to fix a longstanding inequity in American law, 28 U.S. Code section 1259, that would permit court-martialied servicemembers to petition the U.S. Supreme Court if the nations highest military court denies review of their case or denied relief in extraordinary writ cases.

The two bills were introduced this afternoon in both houses by Senator Dianne Feinstein (D-Calif) and Rep. Susan Davis (D-Calif.).

Under existing law, the Court of Appeals for the Armed Forces ("CAAF") acts as the gatekeeper in all military appeals to the Supreme Court. Unless CAAF grants review of a petition for review or grants relief in an extraordinary writ case the Supreme Court is barred from reviewing the case of a court-martialed servicemember.

Mr Owl: How many Congresses will it take to grant members of the U.S. Armed Forces access to the U.S. Supreme Court?

The Equal Justice for Our Military Act of 2011, HR 3133 and S1664 is the fourth attempt since 2005 by lawmakers to correct the inequity in 28 USC 1259 by introducing legislation. Rep. Davis' introductory remarks on the House floor can be found here and Senator Feinstein's introductory remarks in the Senate can be found here.

In April 2004, during the 108th Congress, Rep Davis and then-Congressman John McHugh (R-NY) (now Secretary of the U.S. Army) sent this bipartisan letter to Department of Defense General Counsel William Haynes II inquiring about an inequity in 28 USC 1259 which I raised. Mr Haynes responded to the lawmakers by opposing any change arguing that there would be an increased burden on the Supreme Court should the law be changed.

In 2005, a similar bill, like the ones introduced today, was introduced in the 109th Congress, HR 1364, but was held up in Texas Republican Rep. Lamar Smith's subcommittee in the House Judiciary Committee in 2005-06. Rep. Smith refused to permit any hearings on the matter when he chaired a subcommittee having jurisdiction of the issue.

September 2008 saw the 110th Congress, the full House of Representative pass similar legislation in, HR 3174, despite these objections raised by Rep. Smith on the House floor during debate. In the waning days of the 110th Congress the Senate did not have sufficient time to act.. During that same Congress the Senate Judiciary Committee had favorably reported, S2052, which was a similar measure introduced in the Senate by Senator Feinstein and then-Senators Hilary Clinton, Russ Feingold and Arlen Specter.

The last Congress, the 111th, the House Judiciary Committee - then under Democrat control favorably reported, HR 569, an identically worded bill to the full House. This was done, again with objections from Rep. Smith.

Strong GOP opposition to American GI's accessing nation's highest court

Much of the opposition from the GOP stemmed from the George W. Bush administration when William J. Haynes II (pictured to the left) was the General Counsel for the Department of Defense. Unfortunately today's GOP lawmakers continue to regurgitate Haynes' positions without looking at the facts, statistics and military law expert testimony.

I was very disappointed last year when a former Army judge advocate general now turned GOP Congressman, Tom Rooney from Florida, completely failed to see the issue, ignored facts, statistics and instead chose to verbally bash me at a Congressional subcommittee hearing in where he accused me of renouncing my American citizenship - which I have never done. Rooney should have checked the facts before he started touting off. The GOP spin amazes me.

This issue of equal access should be bi-partisan. Servicemembers who serve our great nation deserve procedural due process - just like every civilian, illegal alien and even terrorists who are tried by military commissions. To deny Supreme Court access to those who serve to protect and defend us is illogical when applying democtratic principles. All of our allies permit their servicemembers equal access to their highest courts in military justice cases. My other home country of Australia has permitted its court-martial servicemembers access to the High Court - which is the equivelant of the Supreme Court.

It is doubtful with the Republican controlled House that HR 3133 or S.1664 will be passed in this 112th Congress. Republicans in general have strongly opposed equal access to the Supreme Court for our troops. The GOP is of the opinion that troops have a sufficient appeals process and that nothing should be changed.

Fleeing the Republican Party

When I was in my youth I was a Republican and was registered as such in San Diego County, California. During the George W. Bush years I left the party and re-registered as a Democrat. In 2007 I moved to Sydney, Australia where I have continued to vote in elections in the United States via absentee ballot.

Former GOP Senator Arlen Specter of Pensylvania left the Republican Party and he was an original cosponsor of S2052 in the 110th Congress when he chaired the powerful Senate Judiciary Committee. Former NY Congressman John McHugh, also seems to have exited the GOP when he quit Congress and accepted the position of Secretary of U.S. Army in the Obama administration. McHugh unofficially supported the change in the law. Moderate Republicans very much seemed to support the change. But in recent times the far convervative right has hijacked the Grand Old Party and ran most of the moderates out.

What I cannot understand is the caustic environment by the new GOP on this issue of equal access to the Supreme Court - former presidents Ronald Reagan and Abraham Lincoln must be spinning in their graves at the likes of Rep Lamar Smith of Texas and Rep. Tom Rooney of Florida. I have called on Reps. Rooney and Smith to have a re-think about the issue but that is doubtful given their chosen ignorance of facts, statistics, ignoring expert testimony as well as the latest Cox Commission Report and to automatically oppose anything the other side - Democrats - introduce.

To read Rep. Davis' press release go here.

Aussie DVA pensions increased

2011-10-02T23:54:00.000-07:00

The Australian Government announced that Australian Department of Veterans' Affairs pensions have increased effective 20 September 2011. To view the rate increase go here.

This week in Parliament, Courts and Tribunals (3 October 2011)

2011-10-02T23:22:00.000-07:00

The following legislative activities, which affect Australian servicemembers, veterans or concern military justice issues, relate to freedom of information or national security, are occurring this week in the Parliament of Australia:

Both Houses of Parliament next sit on 11 October 2011. There are still Committee hearings occurring:

Wednesday, 5 October 2011

Senate Foreign Affairs, Defence and Trade References Committee, hearing on Procurement procedures for Defence capital projects, 0830 - 1700 hours, Committee Room 2S3 Parliament House. (Hearing will continue on Friday, 7 October 2011.) Terms of reference can be found here and submissions here.

House and Senate Joint Select Committee on Australia's Immigration Detention Network, hearing on Australia's Immigration Detention Network, 0830 - 1750 hours, Wesley Conference Centre, 220 Pitt Street in the Lyceum Room, Sydney, New South Wales. Terms of reference can be found here and submissions here.

Thursday, 6 October 2011

Senate Foreign Affairs, Defence and Trade References Committee, hearing on Effectiveness of the Australian Government's response to Australian citizens who are kidnapped and held for ransom overseas, 0900 - 1700 hours, Committee Room 2S3 Parliament House. Terms of referen can be found here and submission here. ASIO's unclassfiled submission can be found here.

Friday, 7 October 2011

Senate Foreign Affairs, Defence and Trade References Committee, hearing on Procurement procedures for Defence capital projects, 0830 - 1700 hours, Committee Room 2S3 Parliament House. Terms of reference can be found here and submissions here.

High Court of Australia

Tuesday, 4 October 2011

There are three appeals being heard but none invole the subject matter of this blog. To view the listing go here.

Friday, 7 October 2011

There are 11 Special Leave applications being heard in Sydney but none involve the subject matter of this blog. To view the listing of special leave applications go here.

Federal Court of Australia (Full Court)

No cases are being heard this week which involve the subject matter of this blog.

Defence Force Discipline Appeal Tribunal

The DFDAT next sits on 27 and 28 October 2011.

Veterans' Review Board

For a full list of this week's cases in Brisbane, Canberra, Melbourne, Perth and Sydney go here.

This week in Congress (3 October 2011)

2011-10-02T22:57:00.000-07:00

The following legislative activities, which affect U.S. servicemembers and veterans or concern military justice issues, are occurring this week in the U.S. Congress:

** Bills related to 28 U.S.C. 1259 are expected to be introduced in both the House and Senate this week in an attempt to correct the longstanding inequity in the law related to Supreme Court access for court-martialed servicemembers. Earlier this year the Congressional Research Service, R. Chuck Mason, Legislative Attorney, issued these two reports: Military Justice: Courts-Martial, An Overview and Supreme Court Appellate Jurisdiction Over Military Court Cases.

Wednesday, 5 October 2011

House Veterans' Affairs Committee, Subcommittee on Economic Opportunity, hearing on Reviewing the Progress of the Partnership Between the United States Paralympics and the Department of Veterans Affairs to Promote Adaptive Sports, 1000 hours, Room 334 Cannon House Office Building.

Thursday, 6 October 2011

House Veterans' Affairs Committee, Subcommittee on Health, hearing on The Federal Recovery Coordination Program: Assessing Progress Toward Improvement, 0830 hours, Room 340 Cannon House Office Building.

House Veterans' Affairs Committee, Subcommittee on Disability Assistance and Memorial Affairs, hearing on Arlington National Cemetery: An Update on Reform and Progress, 1030 hours, Room 334 Cannon House Office Building.

___________________

For this week in military justice go to CAAFlog here.

Blog is on holiday until 3 October 2011

2011-08-29T04:45:00.000-07:00

The blog will be on holiday until 3 October 2011. I have been busy with completing DVA-TIP courses and will also be undergoing foot surgery next month. Sean has been called to active duty in the Army Reserve for several months and is overseas. And no one knows where Nick is - presumably holidaying in some warm spot or in the cold skiing.

Starting in March 2012 we will be devoting a section of the blog to Australian DVA claims and discussing published decisions from the VRB, AAT, Federal Court and High Court.

This week in Parliament, Courts and Tribunals (15 August 2011)

2011-08-14T03:45:00.000-07:00

The following legislative activities, which affect Australian servicemembers, veterans or concern military justice issues, relate to freedom of information or national security, are occurring this week in the Parliament of Australia:

Parliament returns from its Winter recess on Tuesday, 16 August 2011, however, there are no committee hearings concerning the subject matter of this blog.

High Court of Australia

Monday, 15 August 2011

There is a hearing at 0930 in Melbourne but the case does not involve the subject matter of this blog.

Tuesday, 16 August 2011

There are two cases being heard starting at 0930 in Sydney but they do not involve the subject matter of this blog.

Federal Court of Australia (Full Court)

No cases are being heard this week which involve the subject matter of this blog.

Defence Force Discipline Appeal Tribunal

The DFDAT next sits on 15 and 16 September 2011.

Veterans' Review Board

For a full list of this week's cases in Brisbane, Canberra, Melbourne, Perth and Sydney go here.

High Court rules that interim military justice system was a valid act of Parliament

2011-08-10T23:52:00.000-07:00

Today the High Court of Australia ruled in two separate cases, Nicholas v The Commonwealth [2011] HCA 29 and Haskins v The Commonwealth [2011] HCA 28 that the Military Justice (Interim Measures) Act (No 2) 2009 is a valid law of the Commonwealth Parliament.

In 2009 the High Court stuck down, in Lane v. Morrison [2009] HCA 29, as unconstitutional the Australian Military Court, or AMC, which had been created in 2007. Shortly thereafter the Australian Parliament enacted two laws as an interim measure to restore some form of military justice and discipline - reverting back to the previous court-martial system before the AMC was first created.

Able Seaman Haskins was found guilty by the AMC of 11 counts of misusing a Defence Travel Card. and sentenced to serve a severe reprimand and to detention of 42 days.

Captain Nicholas of the Australian Army was tried before the AMC and was convicted on two counts of obtaining a financial advantage, one of engaging in conduct tending and intended to pervert the course of justice and one of attempting to pervert the course of justice. He was sentenced to reduction in rank to Lieutenant, a reprimand and dismissal from the Army.

In response to the High Court's decision in Lane, Parliament enacted the Military Justice (Interim Measures) Act (No 2) which gave effect to certain punishments and orders made by the AMC.

Nicholas main challenge to the interim military justice measure was that he claimed the act is a bill of pains and penalties and was unconstitutional pursuant to Ch III of the Constitution.

Haskins challenge was to question whether or not on the interim act's construction does it provide lawful authority justifying his detention.

The High Court rejected both challenges to Parliament's interim military justice system.

This week in Congress (1 August 2011)

2011-07-31T17:26:00.000-07:00

[SLOW WEEK] The following legislative activities, which affect U.S. servicemembers and veterans or concern military justice issues, are occurring this week in the U.S. Congress and in Commissions:

There are no hearings in the U.S. Congress by Committees or Subcommittees involving the subject matter of this blog.

___________________

For this week in military justice go to CAAFlog here.

This week in Parliament, Courts and Tribunals (1 August 2011)

2011-07-31T17:15:00.000-07:00

The following legislative activities, which affect Australian servicemembers, veterans or concern military justice issues, relate to freedom of information or national security, are occurring this week in the Parliament of Australia:

Parliament is in Winter recess and will next sit on 16 August 2011. There are Committee hearings still going during the recess but none this week involve the subject matter of this blog.

High Court of Australia

Tuesday, 2 August 2011

Full High Court is hearing cases but none involve the subject matter of this blog. To view the cases being argued today go here.

Federal Court of Australia (Full Court)

No cases are being heard this week which involve the subject matter of this blog.

Defence Force Discipline Appeal Tribunal

The DFDAT next sits on 15 and 16 September 2011.

Veterans' Review Board

For a full list of this week's cases in Brisbane, Canberra, Melbourne, Perth and Sydney go here.

MINDEF speaks about new HMAS Success sexual harassment allegations

2011-07-31T00:35:00.000-07:00

Today Australia Minister of Defence Stephen Smith, MP, was interviewed on Meet the Press concerning the new allegations involving sexual harassment on board the HMAS Success. To read the transcript go here.

Gillard Gov't to provide tailored package to assist veteran households on impact of carbon price

2011-07-28T17:41:00.000-07:00

Australia's Minister for Veterans’ Affairs, Warren Snowdon, MP said the Gillard Government is providing a tailored package of household assistance payments for the veteran and ex service community to deal with the impact of a carbon price.

“The Australian Government has a plan to build a Clean Energy Future for our children and grandchildren by taxing our biggest polluters - and return every cent to assist households, support jobs and tackle climate change. “Because some of these big polluters may choose to pass on these costs to households, we have announced a comprehensive household assistance package to provide support payments to approximately 350,000 veterans, their families, war widows and widowers, said Mr Snowdon."

Payments will commence in May 2012 with the ‘Clean Energy Advance’, an upfront payment of between $140 and $380.

This will go to eligible service pensioners, seniors supplement recipients, war widows and widowers, disability pensioners, permanent impairment recipients and wholly dependent partners (under the Military, Rehabilitation and Compensation Act 2004).

Following the up-front payment, from March 2013, ongoing assistance for this group will be provided through either fortnightly or quarterly payments. These payments will amount to an increase in benefits of between $7.40 and $20.90 per fortnight.

A service pensioner on the single rate will receive $250 upfront in May or June 2012 and after March 2013, $13.50 in ongoing fortnightly payments, with couples receiving $190 upfront each and from March 2013, $10.20 ongoing per fortnight.

For a veteran on a disability pension, their payment will depend on the rate of pension. Veterans receiving up to 100 per cent Disability Pension will receive $140 upfront and $7.40 per fortnight ongoing, while a veteran on Special Rate (TPI) will receive $380 upfront in June 2012 and $20.90 per fortnight in March 2013.

Veterans on a disability pension and service pension receive both payments.

Children of veterans and members receiving payments under the children education schemes will also receive assistance. They will receive two lump sum payments—in June 2012 and 2013—with ongoing assistance commencing on 1 January 2014.

Veterans that earn an income may also benefit from tax cuts. All taxpayers, whose income is up to $80,000 will get a tax cut, with most getting a cut of at least $300.

For more information on the full suite of measures please visit here or call 1800 057 590.

U.S. appeals court orders Obama Administration to take a position on whether or not DADT is constitutional

2011-07-11T18:48:00.000-07:00

Today the U.S. Court of Appeals for the Ninth Circuit issued this order, in the Log Cabin Republican case which challenges the Don't Ask, Don't Tell or DADT policy. I have previously discussed the case here and here.

The federal appeals court ordered the administration to advise it within ten days whether the U.S. government will abandon any defense of the law. And if so, whether the administration will do so in time to enable the U.S. Congress to take up the defense and join in the appeals court’s review. The appeals court also ordered the parties to offer reasons why the case should not now be dismissed as moot or when the repeal law actually takes effect.

Under the repeal law, which is known as Don’t Ask, Don’t Tell Repeal Act of 2010 (“Repeal Act”), Pub. L. No. 111-321, 124 Stat. 3515 (2010), its effective date is 60 days after the President, the Defense Secretary, and the Chairman of the Joint Chiefs of Staff formally certifies that the U.S. Armed Forces is ready to implement the law.

This week in Congress (11 July 2011)

2011-07-11T00:09:00.000-07:00

The following legislative activities, which affect U.S. servicemembers and veterans or concern military justice issues, are occurring this week in the U.S. Congress and in Commissions:

Tuesday, 12 July 2011

House Armed Services Committee, Hearing on Changes to Article 120 and 125 of the Uniform Code of Military Justice, 1000 hours, room 2118 Rayburn House Office Building.

Thursday, 14 July 2011

Senate Veterans' Affairs Committee, Hearing on VA Mental Health Care: Closing the Gaps, 1000 hours, room 418 Russell Senate Office building.

House Armed Services Committee, Hearing on Human Capital Management: A High Risk Area for the Department of Defense, 1300 hours, room 2118 Rayburn House Office Building.

Friday, 15 July 2011

House Veterans' Affairs Committee, Legislative Hearing on HR 2433, HR 1941 and HR 169, 1000 hours, room 334 Cannon House Office Building.

House Armed Services Committee, Subcommittee on Military Personnel, hearing on military voting, 1100 hours, room 2212 Rayburn House Office Building.

___________________

For this week in military justice go to CAAFlog here.

This week in Parliament, Courts and Tribunals (11 July 2011)

2011-07-10T03:02:00.000-07:00

[Winter Recess time!] The following legislative activities, which affect Australian servicemembers, veterans or concern military justice issues, relate to freedom of information or national security, are occurring this week in the Parliament of Australia:

Parliament is in Winter recess and will next sit on 16 August 2011.

High Court of Australia

The Full High Court next sits in Canberra in August 2011.

Federal Court of Australia (Full Court)

No cases are being heard this week which involve the subject matter of this blog.

Defence Force Discipline Appeal Tribunal

The DFDAT next sits on 15 and 16 September 2011.

Veterans' Review Board

For a full list of this week's cases in Brisbane, Canberra, Melbourne, Perth and Sydney go here.

Part two of HMAS Success report made available to public

2011-07-07T22:24:00.000-07:00

Between March and May 2009, incidents of unacceptable behaviour on board the HMAS Success were brought to the attention of senior Navy brass and civilian leaders.

Allegations included: inappropriate conduct towards women; workforce bullying; tribal culture on board the ship; drunken and disreputable behaviour while ashore; a breakdown in discipline; and serious failures of command.

The incidents have been the subject of an internal Defence inquiry, a Senate Estimates examination and a Senate inquiry. I have previously written about the inquiries here, here, here, here and here.

In March 2010 the then-Chief of the Defence Force, RAAF Air Chief Marshal Angus Houston, commissioned Roger Gyles QC to conduct an independent Commission of Inquiry into these matters.

On 22 February 2011, a tabled redacted version of Part One of the Commission of Inquiry report, which can be found here.

Last month Defence Minister Stephen Smith MP received Part Two of the Report.

Part Two deals with Navy administrative inquiries, the management of three landed senior sailors, response to media queries and reporting, the treatment of the legal officer representing the landed senior sailors and Australian Defence Force Investigative Service investigations.

A number of very significant shortcomings have been identified in the management of the three landed senior sailors. As a result they suffered an injustice, for which Mr Gyles recommends both an apology and compensation.

The Report also rejects criticisms of bias made of a 2009 Defence inquiry into allegations on board HMAS Success. Mr Smith has now tabled a redacted version of Part Two of Mr Gyles’ report.

Defence claims the redactions were made on legal advice to prevent the identification of individuals who may be the subject of disciplinary procedures.

The Chief of the Defence Force and the Chief of Navy have accepted the findings and recommendations and will take action on all of Mr Gyles’ recommendations.

This includes an apology to the three landed senior sailors from the Chief of the Navy for the failure to accord them proper process, and an offer to make a payment of monetary compensation for each of them.

It also includes an apology to the authors of the 2009 inquiry from the Chief of the Defence Force and the Chief of the Navy.

To read the redacted report's part two, which was released to the public today, go here.

Part Three of Mr Gyles’ Report will examine in more detail the conduct of administrative inquiries and wider considerations such as the interplay between enforcement of the Defence Force Discipline Act 1982, administrative decisions, redresses of grievance and the role of equity and diversity policy.

U.S. Dep't of Veterans Affairs launches major outreach program for women

2011-07-07T17:37:00.000-07:00

The U.S. Department of Veterans Affairs, or VA, has embarked on an initiative to reach out to women veterans in order to solicit their input on ways to enhance the health care services VA provides to women Veterans.

“We are taking a proactive approach to enhancing VA health care for women veterans,” said Secretary of Veterans Affairs Eric K. Shinseki. “We are seeking the input of women Veterans so that VA can continue to provide high quality health care to the growing numbers of women Veterans.”

Representatives at VA’s Health Resource Center or HRC are placing calls to women veterans nationwide, asking them to share their experiences with VA and suggest potential enhancements that will further VA’s mission to provide the best care anywhere.

Women veterans are one of the fastest growing segments of the veteran population. Of the 22.7 million living Veterans, more than 1.8 million are women. They comprise nearly 8 percent of the total veteran population and 6 percent of all veterans who use VA health care services.

VA estimates by 2020 women veterans will constitute 10 percent of the veteran population and 9.5 percent of VA patients. The HRC, which started placing calls on June 1, is contacting women Veterans who have enrolled, but have not begun using VA services.

“Through this contact center, we are placing friendly, conversational calls to women veterans,” said Patricia Hayes, chief consultant of the VA’s Women Veterans Health Strategic Health Care Group. “We want these veterans and their caregivers to talk candidly about why they are not using VA, whether they are aware of the gender-specific services we offer, and what additional services they would like to see VA offer.”

The HRC representatives making the calls are also informing women veterans about the services VA offers and quickly connecting them with appropriate departments if they are interested in trying VA health care. Veterans who have complaints about VA are connected to a patient advocate who helps resolve issues.

VA has trained professionals in all aspects of women’s health, including general primary care, osteoporosis management, heart disease, mental health care, menopausal services and obesity-related issues, such as diabetes. Preventive screenings for breast and cervical cancer are also areas in which VA excels. Soon, all VA facilities will offer comprehensive primary care for women from a single provider.

The Women Veterans Health Care program has made significant changes in the last few years to enhance the health care offered to eligible women veterans. This progress includes:

Adopting key policies to improve access and enhance services for women veterans;
Implementing comprehensive primary care for women veterans;
Conducting cutting-edge research on the effects of military service on women’s lives;
Improving communication and outreach to women veterans; and
Providing mental health, homelessness and other services designed to meet the unique needs of women veterans

U.S. bariatric surgery study looks at survival impact in older veterans

2011-07-07T15:30:00.000-07:00

In the first study to compare survival associated with bariatric surgery in mostly male patients, bariatric surgery was not significantly associated with decreased mortality, according to a research study published in the 15 June 2011 issue of the Journal of the American Medical Association.

In recent years, there has been a substantial increase in the prevalence of obesity, which is a challenge to treat. Bariatric surgery is the most effective way for severely obese patients to achieve weight loss.

The bariatric surgery study compared mortality rates for 850 obese veterans who had received the procedure at one of 12 VA bariatric surgery centers between 2000 and 2006. These Veterans were considered to be “high-risk” due to older age and greater weight in comparison to more than 41,000 obese Veterans who had not received bariatric surgery, but had used VA outpatient services. The study also compared mortality rates for 847 obese Veterans who had received bariatric surgery and 847 matched obese Veterans who had not received bariatric surgery. Patients were followed for nearly 7 years.

“By evaluating one important treatment option for obesity, this study represents another significant advance in defining best care approaches for those who entrust their health to VA,” said Dr. Robert A. Petzel, VA’s Under Secretary for Health.

The study was designed to shed light on the benefits of bariatric surgery in a defined group of patients over a limited timeframe. Despite this study’s findings, study investigators are not suggesting VA stop doing bariatric surgery for certain patients.

“Significant weight loss results in improved disease control and quality of life for patients, so there are many reasons why patients like those in our study may still want to undergo bariatric surgery,” said Dr. Matthew Maciejewski, the study’s lead investigator and part of the Health Services Research and Development Center for Health Services Research in Durham, N.C. “ Also, other studies, conducted on different patient populations, have found bariatric surgery to be associated with reduced mortality and have also suggested that survival benefits from surgery-induced weight loss may take longer than six years to become evident.”

An analysis of the 1,694 propensity-matched patients found that bariatric surgery was not significantly associated with reduced mortality. Maciejewski recommends that Veterans who are considering bariatric surgery in VA, and who are similar to Veterans examined in this study, “should be counseled by their VA surgeon that bariatric surgery may not impact their survival in the medium term (6-7 years), but that the long-term association with mortality remains unknown.” Moreover, because a high proportion of Veterans with diabetes or high cholesterol are able to discontinue their medications after bariatric surgery, he suggests that longer-term survival benefits be examined for Veterans who had bariatric surgery after 2006, before VA changes its policy and/or guidelines.

Dr. Joel Kupersmith, VA’s Chief Research and Development Officer, notes that VA considers all associated evidence in any policy decision, but notes this is just one study. “It is by conducting leading-edge research studies such as this one on bariatric surgery, and evaluating the meaning in the context of all rigorous scientific evidence, that VA Research provides the foundation for optimal Veterans’ health care,” he said.

Dr. Maciejewski also does not recommend that insurers stop covering bariatric surgery for high-risk patients based on these study results because, “survival is just one aspect of the cost-effectiveness of bariatric surgery, which has been shown to be cost-effective for eligible patients.”

Enforcement end to DADT ordered by U.S. 9th Circuit Court of Appeals in Log Cabin Republican case.

2011-07-06T23:00:00.000-07:00

Today the U.S. Court of Appeals for the Ninth Circuit issued this order in a Don't Ask, Don't Tell or DADT case filed by the Log Cabin Republicans or LCR.

The order came from a class action case filed, in Log Cabin Republicans v. U.S., which challenged DADT - the American federal law banning openly gay people from serving in the U.S. Armed Forces.

In September 2010 a U.S. District Court in California ruled that DADT violated both First and Fifth amendments to the U.S. Constitution. The court ordered the U.S. Defense Department to stop enforcing the ban. However, the Ninth Circuit granted the U.S. Government's request to stay the District Court’s order until the merits of lower court's decision could be appealed to the Ninth Circuit.

A three-judge panel of the Ninth Circuit agreed to LCR's request to lift its stay of the District Court's order.

Retired ACM Houston named as Chair of ANZAC Centenary Advisory Board

2011-07-06T22:53:00.000-07:00

Today the Minister Assisting the Prime Minister on the Centenary of Anzac, Warren Snowdon MP, announced Air Chief Marshal Angus Houston, AC, AFC (Ret’d), had been appointed as the Chair of the new Anzac Centenary Advisory Board.

Following a six year tenure as Chief of the Defence Force, ACM Houston accepted the position to lead the planning and development of the ANZAC Centenary commemorations taking place from 2014 to 2018.

“ACM Houston’s reputation is unparallel among the Defence Force community, government and throughout Australia. “He has had an outstanding career in the Australian Defence Force from joining the Royal Australian Air Force as a cadet pilot in 1970 to serving as Chief of the Defence Force from July 2005 until July 2011" said Minister Snowdon.

Mr Snowdon said the Chair of the new ANZAC Centenary Advisory Board has a vital role in leading the planning stages of the commemorations.

“As Chair, ACM Houston will work with the Board to progress the work of the National Commission on the Commemoration of the ANZAC Centenary, which handed its recommendations to Government earlier this year,” he said.

The Australian Government is establishing the Board to provide high level strategic advice to the Minister Assisting the Prime Minister on the Centenary of ANZAC regarding the planning and implementation of Anzac Centenary events and initiatives.

The Board will engage with community and business sectors to develop a program of commemorative activities in the years leading into the commemorative period and throughout the ANZAC Centenary program from 2014 to 2018.

“Joining ACM Houston on the Board will be specialists in education, business, local government and Australian history and culture. I look forward to announcing the membership of the Board in the near future,” Mr Snowdon said.

ACM Houston said the main priority for the Board will be to listen to the Australian people – from the ideas already shared with the former National Commission, to consulting with a range of community and business sectors.

“The Board has an important task ahead and I am pleased to be able to be involved to help ensure the ANZAC Centenary is marked in a way that captures the spirit and reverence it so deserves,” ACM Houston said.

ACM Houston will officially take up his new position in August. The appointment will see through the planning and development of the Centenary commemorations until 2018.

New appointments to Australian War Memorial Council made

2011-07-06T22:50:00.000-07:00

Two appointments to the Australian War Memorial Council were announced today by the Minister for Veterans’ Affairs, Warren Snowdon MP.

Mr Kevin Woods CSC, OAM will join the Council for the first time and Ms Wendy Sharpe has been reappointed, after approval was given by the Governor-General, Her Excellency Ms Quentin Bryce AC.

Mr Woods will bring considerable military experience to the Council. His Army career spanned 34 years and included the position of Regimental Sergeant Major of the Army. He is currently a visiting fellow at the Australian Defence College and a member of the Defence Honours and Awards Appeals Tribunal.

A member of the Council since 2005, Ms Sharpe has been reappointed for an additional two years. She is an artist of distinguished reputation and has been invited to lecture at numerous art institutions and museums.

Mr Snowdon congratulated Ms Sharpe and Mr Woods on their appointments.

“These appointments bring a great breadth of knowledge to the Australian War Memorial Council,“ Mr Snowdon said.

“With such experience and talent at the helm, the Memorial will continue its reputation as a world class institution.”

The Australian War Memorial Council is an independent body responsible for the strategic direction of the Australian War Memorial.

This week in Congress (4 July 2011)

2011-07-03T22:10:00.000-07:00

The following legislative activities, which affect U.S. servicemembers and veterans or concern military justice issues, are occurring this week in the U.S. Congress and in Commissions:

Monday, 4 July 2011 - HAPPY INDEPENDENCE DAY

Thursday, 7 July 2011

House Veterans' Affairs Committee, Subcommittee on Economic Opportunity, Legislative Hearing on H.R. 1911, H.R. 240, H.R. 1263, H.R. 120, H.R. 2274, H.R. 2301, H.R. 2302, H.R. 2345, and H.R. 2329, 1000 hours, 334 Cannon House Office Building.

House Veterans' Affairs Committee, Subcommittee on Disability Assistance and Memorials, Legislative Hearing on H.R. 923, H.R. 1025, H.R. 1826, H.R. 1898, and H.R. 2349, 1130 hours, 334 Cannon House Office Building.

___________________

For this week in military justice go to CAAFlog here.

This week in Parliament, Courts and Tribunals (4 July 2011)

2011-07-02T20:04:00.000-07:00

The following legislative activities, which affect Australian servicemembers, veterans or concern military justice issues, relate to freedom of information or national security, are occurring this week in the Parliament of Australia:

Parliament is in session this week before it goes on its Winter recess. There are no committee hearings involving the subject matter of this blog.

High Court of Australia

The Full High Court next sits in Canberra in August 2011.

Federal Court of Australia (Full Court)

No cases are being heard this week which involve the subject matter of this blog.

Defence Force Discipline Appeal Tribunal

The DFDAT next sits on 15 and 16 September 2011.

Veterans' Review Board

For a full list of this week's cases in Brisbane, Canberra, Melbourne, Perth and Sydney go here.

This week in Congress (27 June 2011)

2011-06-26T23:32:00.000-07:00

The following legislative activities, which affect U.S. servicemembers and veterans or concern military justice issues, are occurring this week in the U.S. Congress and in Commissions:

Tuesday, 28 June 2011

House Veterans' Affairs Committee, Subcommittee on Economic Opportunity, hearing on Improving Contracting for Veteran-Owned Small Businesses Throughout the Federal Government, 1000 hours, Room 334 Cannon House Office Building.

Wednesday, 29 June 2011

Senate Committee on Veterans' Affairs, Mark up of Legislation, 1500 hours, 418 Russell Senate Office Building.
___________________

For this week in military justice go to CAAFlog here.

This (slow) week in Parliament, Courts and Tribunals (27 June 2011)

2011-06-26T18:24:00.000-07:00

The following legislative activities, which affect Australian servicemembers, veterans or concern military justice issues, relate to freedom of information or national security, are occurring this week in the Parliament of Australia:

Both Houses of Parliament are in recess until 4 July 2011.

High Court of Australia

The Full High Court next sits in Canberra in August 2011.

Federal Court of Australia (Full Court)

No cases are being heard this week which involve the subject matter of this blog.

Defence Force Discipline Appeal Tribunal

The DFDAT next sits on 15 and 16 September 2011.

Veterans' Review Board

For a full list of this week's cases in Brisbane, Canberra, Melbourne, Perth and Sydney go here.

AAT affirms decision of MRCC holding that State compensation must be offset against any SRCA entitlement

2011-06-23T20:51:00.000-07:00

The Commonwealth Administrative Appeals Tribunal today affirmed, Roberts v. Military Rehabilitation and Compensation Commission [2011] AATA 430.

Jeffery Roberts was a member of the Royal Australian Air Force and whilst on active duty sustained serious damage to four teeth and a broken jaw. He was then awarded a payment from New South Wales under the Victims Compensation Act 1996 (NSW) (now renamed the Victims Support and Rehabilitation Act 1996 (NSW). However, Mr Roberts also lodged a claim to the Australian Government under the Safety, Rehabilitation and Compensation Act 1988 or SRCA.

The Australian Rehabilitation and Compensation Commission determined that the Commission was not liable to pay compensation under SRCA because Mr Roberts had already received compensation from the NSW State Government. The AAT affirmed.

DFDAT dismisses Army Major's appeal

2011-06-23T15:40:00.000-07:00

The Australian Defense Force Discipline Appeal Tribunal dismissed the case of Green v. Chief of Army [2011] ADFDAT 2.

In 2009, a general court-martial found Major John Green guilty of one count of knowingly making a false statement and three counts of obtaining financial advantage by receiving payments to which he was not entitled to.

Major Green appealed the court-martial conviction on two grounds: the Judge Advocate had erred in ruling that the "honest claim of right" defence was not available and the conviction was unsafe and unsatisfactory having regard to the evidence.

The DFDAT, Justices Tracey, White and Duggan rejected Major Green's appeal and ordered it dismissed.

Australian Defence Force posture review to be conducted

2011-06-22T04:59:00.000-07:00

Mr Stephen Smith, Minister for the Australian Defence Force ("ADF"), announced today that the Government will undertake a Force Posture Review to assess whether the ADF is correctly geographically positioned to meet Australia’s modern and future strategic and security challenges.

The Force Posture Review will be undertaken by the Department of Defence and overseen by a panel comprised of Dr Allan Hawke and Mr Ric Smith who are national security experts.

Results of the Review and the views of the Expert Panel will help provide a strategic context for the next scheduled Defence White Paper in the first quarter of 2014.

The Review will address the range of present and emerging global, regional and national strategic and security factors which require careful consideration for the future, including: the rise of the Asia-Pacific as a region of global strategic significance; the rise of the Indian Ocean rim as a region of global strategic significance; the growth of military power projection capabilities of countries in the Asia Pacific; the growing need for the provision of humanitarian assistance and disaster relief following extreme events in the Asia Pacific region; and
energy security and security issues associated with expanding offshore resource exploitation in our North West and Northern approaches.

The Force Posture Review will:

a) as its starting point draw on the security, strategic and capability judgements outlined in the Defence White Paper 2009 Defending Australia in the Asia Pacific Century: Force 2030;

b) draw on work currently underway in Defence through the 2011 Annual Defence Planning Guidance;

c) outline the future security and strategic environment and challenges Australia needs to be positioned to respond to up to 2030;

d) consider the potential strategic and security role of Australia’s offshore territories, particularly Cocos and Christmas Islands, for Force Posture requirements;

e) consider the implications for ADF Force Posture of the need for energy security, including security issues associated with expanding offshore resource exploitation in our North West and Northern approaches;

f) consider how the future ADF Force Posture will support Australia’s ability to respond to a range of activities including:

deployments on missions and operations overseas;

support of operations in our wider region; and

practical engagement with the countries of the Asia-Pacific and Indian Ocean rim in ways that help to shape security and strategic circumstances in Australia’s interest;

assess the impact on the ADF’s Force Posture of a range of domestic, demographic and economic issues including:

more intense minerals and petroleum resource activities around Defence training and exercise ranges;

urban encroachment on existing Defence facilities;

community attitudes to living standards and residential locations; and

the need for a more cost-effective approach to basing;

h) make recommendations in relation to the basing options for Force 2030 across Australia including in relation to:

Navy platforms (including the Air Warfare Destroyers, Landing Helicopter Docks, Future Submarines, the ANZAC Frigate and its replacements and offshore patrol vessels);

Army’s additional northern basing requirements; and

Air Force’s plans to introduce a range of new aircraft and associated support systems into service; and

i) consider other relevant issues including population and population spread.

The Review will complement the work currently underway with the United States on the ongoing United States Global Force Posture Review by the joint Australian-United States working group.

Dr Hawke, a former Secretary of the Department of Defence, and Mr Smith, Australia’s Special Envoy for Afghanistan and Pakistan, and a former Secretary of the Department of Defence, will provide overall guidance to the Defence Force Posture Review.

On Dr Hawke’s and Mr Smith’s recommendation, the Expert Panel may be augmented with additional expertise during the course of the Review.

The panel will provide a progress report to me before the end of 2011, with its Report provided to Government during the first quarter of 2012.

For further information on the review go here.

Aussie defence retirement bill torpedoed in Senate by one vote

2011-06-19T20:34:00.000-07:00

Australian veterans who are Commonwealth superannuants were dealt a blow late last week by Senator Kate Lundy who represents the ACT when she voted against a bill to give fair indexation to Defence Force Retirement and Death Benefits ("DFRDB") recipients.

The Defence Force Retirement and Death Benefits Amendment (Fair Indexation) Bill 2010 would have indexed DFRDB pensions against either the Consumer Price Index ("CPI"), Pensioner and Beneficiary Living Cost Index ("PBLCI") or Male Total Average Weekly Earnings ("MTAWE").

Senator Lundy, who supposedly supports fair indexation as indicated here, voted against the bill last Thursday. Given that the bill was lost by one vote, Senator Lundy’s decision has cost the Defence retirees of Australia dearly.

Calls and emails to Senator Lundy's office seeking comment have not yet been returned at the time of this post.

“I am stunned at Senator Lundy’s hypocrisy,” said Senator Gary Humphries, also of the ACT.

“It is just not good enough to campaign on an issue at an election, and then vote against that position in Parliament. The Coalition made a very strong commitment to the veterans' community at the last election and we voted to see that through,” said Senator Humphries.

The Returned & Services League of Australia or RSL issued this press release indicating its "great disappointment at the defeat in the Senate."

The RSL has made it clear that it will not relent in its efforts aimed at convincing Senators and Members of the House of Representatives to pass legislation supporting the legitimate and reasonable expectations of military superannuants for fair indexation.

[Disclaimer: I am a member of the RSL and hold office within it.]

This week in Congress (20 June 2011)

2011-06-19T16:41:00.000-07:00

The following legislative activities, which affect U.S. servicemembers and veterans or concern military justice issues, are occurring this week in the U.S. Congress and in Commissions:

Monday, 20 June 2011

House Veterans' Affairs Committee, Veterans Health Care in Michigan's Upper Peninsula: Where Are We?, 1000 hours, Oscar G. Johnson Department of Veterans Affairs Medical Center, 325 East H Street, Iron Mountain, MI

Thursday, 23 June 2011

House Veterans' Affairs Committee, Subcommittee on Disability Assistance and Memorial Affairs, Arlington National Cemetery: An Update from the New Administration, 1430 hours, Room 334 Cannon House Office Building.
___________________

For this week in military justice go to CAAFlog here.

This week in Parliament, Courts and Tribunals (20 June 2011)

2011-06-18T08:50:00.000-07:00

RSL: Unwarranted delays in Australian Defence Force justice

2011-06-06T20:54:00.000-07:00

Yesterday the Returned & Services League of Australia or "RSL" issued this press release concerning what it states is an "inordinate delay in the legal process surrounding the decision of the Director of Military Prosecutions to prosecute three members of the Australian Defence Force charged with very serious offenses alleged to have been committed during operational service in Afghanistan."

Last month Brigadier Ian Westwood, who was the military judge in a general court-martial of two members of the ADF from 1 Commando Regiment, charged with manslaughter and dangerous conduct during their service in Afghanistan found that the charges failed to disclose a service related offence and was bad at law. Charges were then referred back to the Director of Military Prosecutions to either accept the decision, or appeal it or raise fresh charges against the soldiers.

The RSL, in its statement, believes in and supports the process of military justice and respects the independence of the Director of Military Prosecutions, and insists on its democratic responsibility to raise concerns and public awareness about what the RSL believes is a denial of justice in this instance.

However, the RSL argues that "excessive and unexplained delays in these legal proceedings is deleterious to the morale of the Australian Defence Force, is an affront to all who have previously served the nation and is the antithesis of what members of the League believe should be a robust, fair and efficient system of military justice."

To view the documentation released by the Australian Government via the Freedom of Information Act on the two diggers charged with manslaughter and dangerous conduct whilst serving in Afghanistan go here.

[Disclaimer I am a member of the RSL and hold elected office within it.]

This week in Congress (6 June 2011)

2011-06-06T03:18:00.000-07:00

The following legislative activities, which affect U.S. servicemembers and veterans or concern military justice issues, are occurring this week in the U.S. Congress and in Commissions:

The House is in recess this week but the Senate is in session.

Wednesday, 8 June 2011

Senate Veterans' Affairs Committee, consideration of pending legislation, 0930 hours, Room 418 Russell Senate Office Building

Thursday, 9 June 2011

Senate Armed Services Committee, confirmation hearing of Leon Panetta as Secretary of Defense, 0930 hours, Room G50 Dirksen Senate Office Building.
___________________

For this week in military justice go to CAAFlog here.

This week in Parliament, Courts and Tribunals (6 June 2011)

2011-06-05T13:31:00.000-07:00

The following legislative activities, which affect Australian servicemembers, veterans or concern military justice issues, relate to freedom of information or national security, are occurring this week in the Parliament of Australia:

Parliament is in session this week but there are no committee meetings scheduled involving the subject matter of this blog.

High Court of Australia

Tuesday, 7 June 2011

The full High Court is hearing one case today at 1015 hours which does not involve subject matter of this blog.

Friday, 10 June 2011

The High Court is hearing numerous special leave applications in Sydney and Melbourne (with video link to Adelaide and Perth) today. None involve subject matter of this blog. To view the list of the applications go here and here.

Federal Court of Australia (Full Court)

No cases are being heard this week which involve the subject matter of this blog.

Defence Force Discipline Appeal Tribunal

The DFDAT next sits on 16 and 17 June 2011.

Veterans' Review Board

For a full list of this week's cases in Brisbane, Canberra, Melbourne, Perth and Sydney go here.

This week in Congress (30 May 2011)

2011-05-30T19:01:00.000-07:00

The following legislative activities, which affect U.S. servicemembers and veterans or concern military justice issues, are occurring this week in the U.S. Congress and in Commissions:

Monday, 30 May 2011

MEMORIAL DAY HOLIDAY

The Senate is in recess this week. The House is in session after the Memorial Day holiday.

Wednesday, 1 June 2011

House Veterans' Affairs Committee, hearing on Putting America's Veterans Back to Work, 1000 hours, 334 Cannon House Office Building.

Thursday, 2 June 2011

House Veterans' Affairs Committee, Subcommittee on Economic Opportunity, hearing on Transition Assistance Program and VetSuccess on Campus Program, 1000 hours, Room 334 Cannon House Office Building.

House Veterans' Affairs Committee, Subcommittee on Disability Assistance and Memorial Affairs, hearing "An Examination of Poorly Performing U.S. Department of Veterans' Affairs Regional Offices, 1330 Hours, 334 Cannon House Office Building.
___________________

For this week in military justice go to CAAFlog here.

Memorial Day (USA) . . . a time for reflection

2011-05-30T05:12:00.000-07:00

Today is Memorial Day in the United States. Despite me being a half a world away in my other home country of Australia - it is time of reflection; to remember and honor all of our members of the Armed Forces who made the ultimate sacrifice for our country and our freedoms.

Lest we forget.

This week in Parliament, Courts and Tribunals (30 May 2011)

2011-05-30T00:50:00.000-07:00

The following legislative activities, which affect Australian servicemembers, veterans or concern military justice issues, relate to freedom of information or national security, are occurring this week in the Parliament of Australia:

Monday, 30 May 2011

House - Question Time, 1400 - 1530 hours.

Senate - Budget Estimates on Defence, 0900 - 2300 hours.

Tuesday, 31 May 2011

Senate - Budget Estimates on Defence, continued from Monday, 0900 - 1830 hours.

Senate - Budget Estimates on Veterans Affairs, 1830 - 2300 hours.

Friday, 3 June 2011

House and Senate Joint Public Works Committee, hearing on Proposed Australian Defence Force Academy Redevelopment, 1130 - 1500 hours. The Terms of Reference can be found here. There was one submissions received, which was from the Department of Defence. To view the submission go here.

High Court of Australia

Monday, 30 May 2011

The High Court is hearing numerous appeals today. None involve subject matter of this blog. To view the list of case go here.

Federal Court of Australia (Full Court)

No cases are being heard this week which involve the subject matter of this blog.

Defence Force Discipline Appeal Tribunal

The DFDAT next sits on 16 and 17 June 2011.

Veterans' Review Board

For a full list of this week's cases in Brisbane, Canberra, Melbourne, Perth and Sydney go here.

Back to blogging

2011-05-29T16:46:00.000-07:00

The RSL Congress is out of session and I'm back to blogging. The last few months I have not been able to blog that much due to pressing issues with the RSL and also my study obligations. But now I have time to blog. So much going on both in the Australia and the States to blog about.

Blog on holiday for May 2011

2011-05-01T02:56:00.000-07:00

The blog is on holiday for the month of May 2011. I'll be busy preparing for the RSL Congress and Sean is preparing for deployment; Nick has fell off the radar . . . presumably busy with his last year of law school.

Blogging will resume the first week of June 2011.

Boost in Defence's internet services

2011-04-19T01:19:00.000-07:00

Defence has signed an industry contract to provide high level and high speed internet services to industry, government, service personnel, employees and the public.

The contract, signed with Verizon Business, is worth $52.9 million and will involve the replacement of Defence’s existing single internet gateway with parallel managed services providing a five-fold increase in capacity. These gateways will be housed in separate locations further strengthening the system’s reliability, eliminating the risks associated with a single gateway.

This upgrade is said to improve Defence’s ability to ensure delivery of internet services (web, email and eBusiness services) to users within Defence and to external parties including other government agencies, industry partners and the general public.

This capability will also form the basis for the provision of Internet Gateway services to eight other Commonwealth agencies as part of Defence’s role as a lead agency under the Department of Finance and Deregulation’s Internet Gateway Reduction Program.

Defence will make savings by closing its current single internet gateway and an additional amount through the reduced power consumption and equipment decommissioning.

This week in Congress (18 April 2011)

2011-04-18T00:04:00.000-07:00

The following legislative activities, which affect U.S. servicemembers and veterans or concern military justice issues, are occurring this week in the U.S. Congress and in Commissions:

Both the House and the Senate are in recess until 2 May 2011.
__________________

For this week in military justice go to CAAFlog here.

This week in Parliament, Courts and Tribunals (18 April 2011)

2011-04-17T01:10:00.000-07:00

The following legislative activities, which affect Australian servicemembers, veterans or concern military justice issues, relate to freedom of information or national security, are occurring this week in the Parliament of Australia:

Parliament is in recess until 10 May 2011. There are committee hearings being conducted during the recess.

Wednesday, 20 April 2011

Joint House and Senate Committee on Cyber-Safety, hearing on Cyber-Safety, 0900 - 1230 hours. The Terms of Reference can be found here. To review the submissions received go here.

High Court of Australia

Monday, 18 April 2011

Hearings occurring in Sydney via video link from Melbourne can be found here. None of the case involve the subject matter of this blog.

Tuesday, 19 April 2011

Hearing occurring in Melbourne can be found here. None of the cases involve the subject matter of this blog.

Federal Court of Australia (Full Court)

No cases are being heard this week which involve the subject matter of this blog.

Defence Force Discipline Appeal Tribunal

The DFDAT next sits on 16 and 17 June 2011.

Veterans' Review Board

For a full list of this week's cases in Brisbane, Canberra, Melbourne, Perth and Sydney go here.

Aussies reminded by MINVET about ANZAC Day commemorations

2011-04-15T01:29:00.000-07:00

With Anzac Day just over a week away, the Australian Minister for Veterans’ Affairs, Warren Snowdon, today reminded Australians of the many commemorative events taking place both domestically and overseas this year.

The Anzac tradition was born 96 years ago on the shores of Gallipoli in Turkey during the First World War where the feats of the Australian and New Zealand Army Corps forged a legend of mateship, determination, courage and resourcefulness. It is these qualities that have been proudly displayed by Australian defence forces in every theatre of war since 1915.

“There are many opportunities for Australians to gather in towns and cities across the country to pause and reflect on the more than 102,000 Australian service personnel who have lost their lives serving our country.

“Attending a local service is the best way to pay our respect to those men and women who have helped shape our nation. Commemorative activities are conducted by community and ex-service organisations at hundreds of sites around the country. I thank all these organisations and their members across Australia for their hard work in organising local Anzac Day events.

“In the week leading up to, and including, Anzac Day, the Australian Defence Force (ADF) will support over 800 separate activities,” Mr Snowdon said.

Australia’s Federation Guard will be involved in Anzac Day activities in Canberra, Sydney, Gallipoli, Villers-Bretonneux and Bullecourt in France and at the Menin Gate in Belgium. The Principal Chaplain for Navy will say prayers at a service in London. Commemorative services will also be held on the Kokoda Track (Papua New Guinea), in Sandakan (Malaysia) and at Hellfire Pass (Thailand).

“I urge all Australians to remember our current serving men and women, who embody the Anzac spirit around the globe. At present, more than 3,300 ADF personnel are deployed on operations protecting Australia and our national interests.

“Many ADF contingents deployed throughout the world in places like Afghanistan will conduct dawn services followed by traditional gunfire breakfasts, and games such as two-up within the parameters of continuing daily operational requirements and host-nation laws,” he said.

In the lead up to Anzac Day, Mr Snowdon will visit France to attend the interment of Second Word War Spitfire pilot, Flight Lieutenant Smith, whose remains were recovered in 2010. Mr Snowdon will then travel to Gallipoli, Turkey, for Anzac Day.

“I am very fortunate to be going to France where Australians served in two World Wars, and then to deliver addresses on Anzac Day in Gallipoli at the dawn service and at Lone Pine. It will be a privilege to walk in the footsteps of so many brave Australians,” he said.

Contact your local RSL, or visit the Department of Veterans’ Affairs website for details of services here.

New England Journal of Medicine features VA infection control practices

2011-04-13T01:33:00.000-07:00

A U.S. Department of Veterans Affairs (VA) initiative that reduced the global health care issue of methicillin resistant Staphylococcus aureus (MRSA) infections by more than 60 percent in intensive care units (ICU) across the Nation is featured in the latest issue of the New England Journal of Medicine. It reports data from the first three years of the initiative that is now in its fourth year of implementation, and which continues to be associated with decreased rates of MRSA infections.

“This is a landmark initiative for VA and health care in general,” said VA’s Under Secretary for Health, Dr. Robert Petzel. “No one should have to worry about acquiring an illness or infection from the place they trust to deliver their care. I am proud that VA is leading the way.”

The article reviews a bundle of four infection control practices that marked a dramatic improvement in preventing hospital-acquired MRSA infections. MRSA infections are a serious global health care issue and are difficult to treat because the bacterium is often resistant to many antibiotics.

The prevention practices consist of patient screening programs for MRSA, contact precautions for hospitalized patients found to have MRSA, and hand hygiene reminders with readily available hand sanitizer stations placed strategically in common areas, patient wards, and specialty clinics throughout medical centers. The strategy also involved creating a culture that promotes infection prevention and control as everyone’s responsibility.

“MRSA is a serious threat to patient health that can be minimized with a few achievable strategies,” said Dr. Rajiv Jain, VA’s chief consultant for specialty care services and lead author of the study. “I am extremely grateful I work for an agency with 152 integrated medical centers across the Nation so these strategies could be implemented, assessed, and ultimately, shown to work on a vast scale of many different environments. These results mean better health care for Veterans and a way for the people they defended to also benefit from this effort in the future.”

“These are the types of results hospitals should be striving for,” said Dr. John Jernigan, chief of the interventions and evaluation section in the division of healthcare quality promotion at the Centers for Disease Control. “The bottom line is that MRSA prevention and control is possible.”

More than 1.7 million screening tests for MRSA were done on Veteran patients during the period reported in the analysis. VA operates the largest integrated health care system in the United States with more than 1,000 medical facilities throughout the United States serving more than six million Veterans a year. To review the article in the New England Journal of Medicine, go here.

Appointments made to Australian War Memorial Council

2011-04-12T01:26:00.000-07:00

Three appointments to the Australian War Memorial Council were announced today by the Minister for Veterans’ Affairs, Warren Snowdon.

Air Vice-Marshal Julie Hammer AM CSC (Retd) and Ms Jane McAloon will join the Memorial’s Council and Mr Kerry Stokes AC has been reappointed.

Mr Snowdon said the appointments were for a period of three years and had been approved by Her Excellency Ms Quentin Bryce AC, Governor-General of the Commonwealth of Australia.

“I congratulate all three members on this honour and I am sure that their vast experience and knowledge will bring great benefits to the Australian War Memorial,” Mr Snowdon said.

“The Australian War Memorial is a national icon and it is fitting that leaders of Australian industry, former senior military personnel and other luminaries are at the helm.”

Air Vice-Marshal Hammer brings considerable military and technical experience to the Council. She was the first serving female Australian Defence Force member to achieve one-star and two-star ranks as well as the first woman to command an operational unit in the Royal Australian Air Force, for which she was awarded the Conspicuous Service Cross. She has also been an active member of professional associations representing engineers, and has served as the National President of Engineers Australia. Her contribution has been recognised through a number of awards, including being appointed as a Member of the Order of Australia in 2004 and as Australian Capital Territory Australian of the Year in 2005.

Ms McAloon has extensive business expertise and experience in government and business administration. She is currently the Group Company Secretary of the BHP Billiton Group and has held senior positions in the Australian Gas Light Company. Previously she held a number of senior positions in the New South Wales Government, including Director-General of the Department of Energy and Utilities and Deputy Director-General of the New South Wales Cabinet Office.

Mr Stokes was appointed to the Council for a three year term on 19 August 2007. A businessman with broad interests and investments in a range of major business sectors, he has a deep and long-standing interest in the arts. He was appointed an Officer and Companion of the Order of Australia in 1995 and 2008 respectively for his service to business and commerce, to the arts and to the community. He also holds Honorary Life Membership of the Returned and Services League of Australia.

The Australian War Memorial Council is an independent body responsible for the strategic direction of the Australian War Memorial.

This week in Congress (11 April 2011)

2011-04-11T03:47:00.000-07:00

The following legislative activities, which affect U.S. servicemembers and veterans or concern military justice issues, are occurring this week in the U.S. Congress and in Commissions:

Wednesday, 13 April 2011

House Veterans' Affairs Committee, hearing on Inspect What You Expect: Construction Contracting Practices at the U.S. Department of Veterans Affairs, 1000 hours, 334 Cannon House Office Building.

Senate Veterans' Affairs Committee, hearing on Veterans' Employment: Improving the Transition from the Battlefield to the Workforce, 1000 hours, room 418 Russell Senate Office Building.

Senate Armed Services Committee, Subcommittee on Personnel, Enlisted Personnel Issues, 1330 hours, 222 Russell Senate Office Building. Note the top enlisted advisors of each service will be testifiying.

House Armed Services Committee, hearing on Guantanamo Detainee Transfer Policy and Recidivism, 1430 hours, Room 2118 Rayburn House Office Building.

Thursday, 14 April 2011

House Armed Services Committee, Subcommittee on Oversight and Investigations, Accountability at Arlington National Cemetary, 1400 hours, Rayburn House Office Building.

House Veterans' Affairs Committee, hearing on Deconstructing the U.S. Department of Veterans Affairs Construction Planning, 1030 hours, Room 334 Cannon House Office Building.

___________________

For this week in military justice go to CAAFlog here.

This week in Parliament, Courts and Tribunals (11 April 2011)

2011-04-10T18:12:00.000-07:00

[ANOTHER SLOW WEEK]

The following legislative activities, which affect Australian servicemembers, veterans or concern military justice issues, relate to freedom of information or national security, are occurring this week in the Parliament of Australia:

Parliament is in recess until 10 May 2011. There are committee hearings being conducted during the recess but none this week pertain to the subject matter of this blog.

High Court of Australia

Tuesday, 12 April 2011

Hearings occurring in Sydney can be found here. None of the case involve the subject matter of this blog.

Wednesday, 13 April 2011

Hearing occurring in Melbourne can be found here. None of the cases involve the subject matter of this blog.

Federal Court of Australia (Full Court)

No cases are being heard this week which involve the subject matter of this blog.

Defence Force Discipline Appeal Tribunal

The DFDAT next sits on 16 and 17 June 2011.

Veterans' Review Board

For a full list of this week's cases in Brisbane, Canberra, Melbourne, Perth and Sydney go here.

Defence Minister questioned by Sky News regarding Academy incident

2011-04-06T15:02:00.000-07:00

Yesterday, Australian Defence Minister Stephen Smith, was interviewed by Sky News' David Speers regarding allegations of an incident in which a male cadet filmed having sex with an 18 year old female cadet live via a web cam on Skype which was then viewed by his mates. The transcript of that interview can be found here.

Earlier this week the female cadet went public with her allegations because she feared that Defence officials at the Australian Defence Force Academy would not take the allegations seriously. Both the Australian Federal Police and the Defence Force Investigative Service have now undertaken an investigation. Yesterday I posted on this, which can be found here.

"But there is one very concerning new aspect, which I need to bring to public attention immediately. [Yesterday] at 11 o'clock the young woman concerned was subject to a hearing under the Defence disciplinary proceedings. This related to events in March, which were suggestions or allegations of being absent without leave and drinking. And a scheduled hearing, which was set some time ago, was held [yesterday] morning. I very strongly believe that the holding of such a hearing [yesterday] in the aftermath of these events is not only inappropriate, insensitive and wrong, it's almost certainly faulty in law," Smith said in the interview.

Australian Defence Force: plagued by another sex scandal

2011-04-05T16:06:00.000-07:00

Today The Sydney Morning Herald's Dan Oakes reports here that a female cadet at the Australian Defence Force Academy claims a male cadet filmed them having sex which he then allegedly broadcast live to his mates. Defence has yet to make a formal statement on this latest sex scandal. Both the Australian Federal Police and the Defence Force Investigative Service are now looking into the allegations.

Last year an inquiry was held on the HMAS Success incidents which I have previously written about here, here, here, here and here.

This week in Congress (4 April 2011)

2011-04-04T03:48:00.000-07:00

The following legislative activities, which affect U.S. servicemembers and veterans or concern military justice issues, are occurring this week in the U.S. Congress and in Commissions:

Tuesday, 5 April 2011

House Appropriation Committee, Subcommittee on Defense, hearing on Medical Programs, 1000 hours, H-140 Capitol.

House Veterans' Affairs Committee, hearing on Deconstructing the U.S. Department of Veterans Affairs Construction Planning, 1030 hours, Room 334 Cannon House Office Building.

Wednesday, 6 April 2011

Senate Veterans' Affairs Committee, hearing on nominations of Allison Hickey to be Under Secretary for Benefits and Steve Muro to be Under Secretary for Memorial Affairs, 1000 hours, Room 418 Russell Senate Office Building.

Thursday, 7 April 2011

House Armed Services Committee, hearing on Review of Implementation Plan for the Repeal of Don't Ask, Don't Tell, 1300 hours, 2118 House Rayburn Building.

___________________

For this week in military justice go to CAAFlog here.

U.S. VA extents post-incarceration health care in hopes of reducing repeat offenders

2011-04-04T01:38:00.000-07:00

The U.S. Department of Veterans Affairs (VA) will extend health care to eligible Veterans in halfway houses and other temporary, post-incarceration housing under a new program aimed at cutting back on repeat offenses.

“There’s hard evidence that lack of access to health care, including mental health care, for newly released inmates is a factor in people becoming homeless or returning to prison and jail,” said Jim McGuire, director of VA’s Veterans Justice Outreach Programs. “These are Veterans who otherwise qualify for VA health care.”

A long-standing rule has barred VA from providing health care to Veterans for whom another federal, state or local government has an obligation to provide health care. Frequently, that means inmates of prisons and jails.

Under the changed rule, that prohibition would be amended and VA would be allowed to provide health care to Veterans in halfway houses and other temporary, post-incarceration housing.

An Urban Institute study in 2008 found that good health care in the first months of community reentry played a key role in easing readjustment and reducing recidivism.

About 29,000-56,000 Veterans are released annually from state and federal prisons, and at least 90,000 Veterans are released each year from city and county jails, according to Department of Justice’s Bureau of Justice Statistics

This week in Parliament, Courts and Tribunals (4 April 2011)

2011-04-02T03:03:00.000-07:00

[SLOW WEEK]

The following legislative activities, which affect Australian servicemembers, veterans or concern military justice issues, relate to freedom of information or national security, are occurring this week in the Parliament of Australia:

Parliament is in recess until 10 May 2011. There are committee hearings being conducted during the recess but none this week pertain to the subject matter of this blog.

High Court of Australia

Friday, 8 April 2011

Special leave applications being heard in Canberra and Sydney. None of the special leave applications involve the subject matter of this blog.

Federal Court of Australia (Full Court)

No cases are being heard this week which involve the subject matter of this blog.

Defence Force Discipline Appeal Tribunal

The DFDAT next sits on 16 and 17 June 2011.

Veterans' Review Board

For a full list of this week's cases in Brisbane, Canberra, Melbourne, Perth and Sydney go here.

ANZAC Centenary report issued

2011-03-28T21:25:00.000-07:00

The National Commission on the Commemoration of the Anzac Centenary handed its final report to Government today, providing recommendations on how to mark the Centenary of the First World War 2014 – 2018.

To read the report go here. The submissions can be found here.

[Disclaimer: The Returned & Services League of Australia and its sub branches made submissions. I am member of the RSL and hold office within it.]

This week in Parliament, Courts and Tribunals (28 March 2011)

2011-03-26T14:02:00.000-07:00

The following legislative activities, which affect Australian servicemembers, veterans or concern military justice issues, relate to freedom of information or national security, are occurring this week in the Parliament of Australia:

Tuesday, 29 March 2011

Foreign Affairs, Defence and Trade References Committee, Department of Defence's request for tender for aviation contracts and associated issues, 0815 - 1300 hours, Committee Room 2S1, Parliament House. Terms of Reference can be found here. Submissions can be found here.

Wednesday, 30 March 2011

Joint House and Senate Committee on Cyber-Safety, hearing on Cyber-Safety, 0900 - 1330 hours. The Terms of Reference can be found here. To review the submissions received go here.

High Court of Australia

Tuesday, 29 March 2011

No case are being heard today that involve the subject matter of this blog. However, to view a list of appeals being heard by the full court go here.

Federal Court of Australia (Full Court)

Monday, 28 March 2011

Kowalski v Military Rehabilitation and Compensation Commission [2010] FCA 408, SAD56/2010. Appeal from decision of the Administrative Appeals Tribunal – where the AAT affirmed the Military Rehabilitation and Compensation Commission’s decision rejecting a claim for compensation – whether Compensation (Commonwealth Government Employees) Act 1971 (Cth) applies – application of the Safety, Rehabilitation and Compensation Act 1988 (Cth) – consideration of whether gastro oesophageal reflux disease was caused or contributed to by employment – consideration of “material degree” test in relation to the definition of disease – errors in fact finding not errors on a matter of law as required by s 44 of the Administrative Appeals Tribunal Act 1975 (Cth) – appellant asserted procedural fairness was not afforded to him – no denial of procedural fairness – appeal dismissed

Defence Force Discipline Appeal Tribunal

The DFDAT next sits on 16 and 17 June 2011.

Veterans' Review Board

For a full list of this week's cases in Brisbane, Canberra, Melbourne, Perth and Sydney go here.

Made in Australia: Ballistic plates for combat body armour

2011-03-25T01:19:00.000-07:00

Ballistic plates for combat body armour to protect Australian troops can now be made in Australia due to the development of new manufacturing technology.

Today Minister for Defence Science and Personnel Warren Snowdon and Minister for Defence Materiel Jason Clare announced the new technology during a visit to the CSIRO in Melbourne.

“Body armour is one of the most important elements of a soldier’s personal protection. It offers protection from ballistic threats like small-arms fire and fragments from improvised explosive devices,” Mr Snowdon said.

The ballistic plate inserted into body armour is made from an advanced ceramic material that is incredibly strong for its weight. The stronger and lighter the ballistic plate, the better protection it provides to soldiers.

New technology to manufacture the ballistic plates has been developed through a partnership between:

· The Defence Materials Technology Centre;

· Australian Defence Apparel (ADA);

· The Commonwealth Scientific and Industrial Research Organisation
(CSIRO); and

· The Victorian Centre for Advanced Materials Manufacturing (VCAMM).

Australian Defence Apparel will soon be able to manufacture the ballistic plates at their factory in Bendigo.

Mr Clare said that most ballistic plates used by the ADF are currently imported from the United States.

“Manufacturing these plates in Australia has big advantages. It will allow for new technology to be prototyped quickly and for product development to occur in Australia,” Mr Clare said.

The Defence Materials Technology Centre is a not-for-profit company jointly funded by the Commonwealth Government’s ‘Defence Future Capability Technology Centre’ program, the Victorian Government, and industry and research body participants.

The Centre brings together defence industry, universities and government research agencies to develop new materials and manufacturing technologies that will enhance Australia’s defence capability.

Aussies to face court-martial in Sydney

2011-03-23T00:27:00.000-07:00

The SMH is reporting here that an 11 July 2011 court-martial date has been set for two Australian soldiers over a 12 February 2009 incident in Afghanistan where six civilians were killed. The charges range from manslaughter to failure to follow orders.

Brigadier Lyn McDade, Director of Public Prosecutions, has come under heavy fire within the defence community after she made the decision last year to charge three soldiers. Prior to 2005, the decision to charge a soldier with a crime was made by the chain of command. But Parliament changed that, in 2005, when it created an independent director of prosecutions to decided who try before courts-martial.

Construction on new military law centre underway

2011-03-16T23:17:00.000-07:00

Parliamentary Secretary for Defence, Senator David Feeney yesterday turned the first sod for the construction of a new purpose-built Australian Defence Force Military Law Centre at Victoria Barracks in Paddington, Sydney.

Senator Feeney welcomed the new Centre. The facility will house both the Australian Defence Force (ADF) Military Law Centre and the Asia Pacific Centre for Military Law.

"This new Centre will bring the finest teaching and training to Australia’s Defence Force Officers and officers from around the Asia-Pacific region. It will build on the good work already achieved by the Centre over the past 10 years,” he said.

“The new Military Law Centre will also host the military node of the Asia Pacific Centre for Military Law, a very successful partnership between Defence and Melbourne University which started in 2002,” Senator Feeney said.

These legal centres will train future ADF legal officers and other officers from the Asia-Pacific region in facets of military and international law. There will be a special focus on the rule of law. Over the last decade the role of the Military Law Centre has expanded to take into account the developing needs of the wider ADF. For instance, the Military Law Centre now delivers outcomes relating to legal training of generalist officers as well as specialist officers.

The purpose of the Asia Pacific Centre for Military Law is to facilitate cooperation among military forces of the Asia Pacific Region in the research, training and implementation of the laws governing military operations.

U.S. and Australian Department of Veterans' Affairs research impacts of recent conflicts

2011-03-14T03:37:00.000-07:00

The U.S. Department of Veterans Affairs (VA) will collaborate with the Australian Department of Veterans’ Affairs (DVA) on a new research effort focused on investigating the impact of recent conflicts on the health of returning Servicemembers.

“The health and welfare of those who have served our nation, and their families, remains the highest priority for VA,” said U.S. Secretary of Veterans Affairs Eric K. Shinseki.

"Joint research between the United States and Australia will shed light on similarities and differences with respect to the health effects of recent military deployments we have in common, such as Afghanistan,” he said.

The program will be conducted in three phases involving short, medium and longer-term comparative research.

In the first phase, scheduled for completion in six months, researchers will review previous studies on this topic which will help inform the final stages of the research collaboration.

Although both countries conduct their own extensive research on veterans’ health, this joint effort will allow both nations to take advantage of larger data sets and comparative analyses to learn best practices and treatments that can help returning veterans manage post-deployment health effects.

“While the Australian and U.S. military experience has differed, with both countries serving in different locations and frontlines, we can collaborate on reaching a common understanding of the impact of war on our service personnel,” said Warren Snowdon, Australia’s Minister for Veterans' Affairs and Minister for Defence Science and Personnel.

This week in Parliament, Courts and Tribunals (14 March 2011)

2011-03-12T17:03:00.000-08:00

The following legislative activities, which affect Australian servicemembers, veterans or concern military justice issues, relate to freedom of information or national security, are occurring this week in the Parliament of Australia:

Wednesday, 16 March 2011

Senate Legal and Constitutional Affairs Legislation Committee, hearing on Combating the Financing of People Smuggling and other Measures Bill 2011, Committee Room 2S3, Parliament House, 0800 - 1200 hours. Further information about the inquiry may be found here. The submission received to date may be located here.

Thursday, 17 March 2011

Joint House and Senate Committee on Cyber-Safety, hearing on Cyber-Safety, 0830 - 1000 hours. The Terms of Reference can be found here. To review the submissions received go here.

High Court of Australia

No case are being heard this week that involved the subject matter of this blog.

Federal Court of Australia (Full Court)

No case are being heard this week that involved the subject matter of this blog.

Defence Force Discipline Appeal Tribunal

Thursday, 17 March 2010

Still awaiting from DFDAT for a list of cases to be heard. (Will update this post when I hear back.)

Friday, 18 March 2010

Still awaiting from DFDAT for a list of cases to be heard. (Will update this post when I hear back.)

Veterans' Review Board

For a full list of this week's cases in Brisbane, Canberra, Melbourne, Perth and Sydney go here.

This week in Congress (28 February 2011)

2011-02-26T18:50:00.000-08:00

The following legislative activities, which affect U.S. servicemembers and veterans or concern military justice issues, are occurring this week in the U.S. Congress and in Commissions:

Tuesday, 1 March 2011

Senate Armed Services Committee, to receive testimony on U.S. Special Operations Command and U.S. Central Command in review of the Defense Authorization Request for Fiscal Year 2012 and the Future Years Defense Program, 0930 hours, Room SD-106 Dirksen Senate Office Building.

House Armed Services Committee, hearing on 2012 Budget Request for the Navy, 1000 hours, Room 2118 Rayburn House Office Building.

Joint House and Senate Veterans' Affairs Committee, hearing to receive Legislative Presentation of the Disabled American Veterans, 1400 hours, Room 345 Cannon House Office Building.

Wednesday, 2 March 2011

Senate Veterans' Affairs Committee, hearing on President's Budget, 1030 hours, Room 418 Russell Senate Office Building.

Senate Homeland Security and Government Affairs Committee, hearing on Preventing Abuse of the Military's Tuition Assistance Program, 1430 hours, Room SD-342 Dirksen Senate Office Building. To add to your V-calendar click here.

Thursday, 3 March 2011

House Veterans' Affairs Committee, hearing on Veterans' Employment and Training Service’s Budget and State Grant Program, 1000 hours, Room 334 Cannon House Office Building.

___________________

For this week in military justice go to CAAFlog here.

This week in Parliament, Courts and Tribunals (28 February 2011)

2011-02-26T16:09:00.000-08:00

The following legislative activities, which affect Australian servicemembers, veterans or concern military justice issues, relate to freedom of information or national security, are occurring this week in the Parliament of Australia:

Monday, 28 February 2011

Joint House and Senate Committee on Public Accounts and Audit, Annual Public Hearing on Defence Major Projects Report 2010, 1210 - 1330 hours, Committee Room 1R6, Parliament House. The Terms of Reference can be found here. To review the submissions received go here.

Thursday, 3 March 2011

Senate Foreign Affairs, Defence and Trade Legislation Committee, hearing on Criminal code Amendment (Cluster Munitions Prohibition) Bill 2010 [Provisions], Committee Room 2S1, Parliament House, Time TBA. The Terms of Reference can be found here. To review the submissions received go here.

Joint House and Senate Committee on Cyber-Safety, hearing on Cyber-Safety, 0830 - 1000 hours. The Terms of Reference can be found here. To review the submissions received go here.

High Court of Australia

Tuesday, 1 March 2011

High Court's listing for today's appeals before the full court in can be found here. None of the cases involve the subject matter of this blog.

Federal Court of Australia (Full Court)

Thursday, 3 March 2011

Ovens v. Civil Aviation Safety Authority [2010] FCA 1354, NSD1820/2010. Review of respondent’s refusal of Class 2 medical certificate without safety pilot requirement – at commencement of hearing only US protocol and respondent’s draft protocol available – applicant unable to come within respondent’s draft protocol – applicant presented case based on US Protocol – applicant and Tribunal only aware of respondent’s final protocol on last day of hearing – no adjournment sought – Tribunal decision applied respondent’s final protocol – whether Tribunal denied applicant procedural fairness – whether Tribunal failed to give applicant reasonable opportunity to present case – whether Tribunal failed to take relevant matters into account.

Friday, 4 March 2011

Nudd v. Minister for Home Affairs [2010] FCA 1037 [National security] application pursuant to s 5 Administrative Decisions (Judicial Review) Act 1977 (Cth) for an order of review of the decision of the Minister for Home Affairs – applicant currently serving prison sentence for conviction of being knowingly concerned in the importation into Australia of more than a commercial quantity of cocaine contrary to s 233B(1) Customs Act 1901 (Cth) – Minister refused applicant’s petition to refer case to the Court of Appeal of Queensland under s 672A(a) Criminal Code 1899 (Qld) – consideration of principles in Martens v Commonwealth [2009] FCA 207; (2009) 108 ALD 83 relating to the exercise of the referral power – whether Minister failed to consider properly the validity of the applicant’s arrest warrant – whether the Minister failed to address or consider alleged fresh evidence – whether the Minister failed to consider properly the process of extradition to which the applicant was subjected – whether the Minister failed to consider properly the compliance of the trial with Constitutional and other requirements – whether the Minister failed to review the court transcript of the applicant’s trial.

Defence Force Discipline Appeal Tribunal

The Tribunal next sits on 17 and 18 March 2011.

Veterans' Review Board

For a full list of this week's cases in Brisbane, Canberra, Melbourne, Perth and Sydney go here.

Decision in Davis v Chief of Army released by Defence Force Discipline Appeal Tribunal

2011-02-23T23:21:00.000-08:00

Today the Australian Defence Force Discipline Appeal Tribunal issued a decision in Davis v Chief of Army [2011] ADFDAT 1 (22 February 2010). The issues involved: consensual fight between appellant and victim – appellant charged with assault - whether victim’s consent can be relied upon as a defence – absence of consent is not an element of assault as defined by statute – consent may not be relied upon as defence to assault.

After a lengthy opinion looking to Aussie, Canadian, English and New Zealand authorities, the DFDAT dismissed the appeal and the court-martial conviction stands.

Commission of Inquiry report released on HMAS Success sexual harassment allegations

2011-02-22T00:11:00.000-08:00

Today the Australian Department of Defence released this report from the Commission of Inquiry into allegations of sexual harassment and other unacceptable behavior on board the HMAS Success.

I will read the report over the weekend and post my thought on it.

This week in Parliament, Courts and Tribunals (21 February 2010)

2011-02-20T11:54:00.000-08:00

Ex-service organisation review completed with positive outcomes for Aussie veterans

2011-02-14T11:37:00.000-08:00

Today the Australian Government released the Review of Department of Veterans’ Affairs (DVA)–Funded Ex-Service Organisation (ESO) Advocacy and Welfare Services Report. The full Review report, including all the recommendations and more information on BEST grants can be found here (the actual report) and here (graph charts with statistical analysis).

Veterans' Affairs Minister Warren Snowdon (who is also the Minister for Defence Science and Personnel) said the Government would implement all 45 recommendations from the Review which offered many positives outcomes for Australia’s ex-service community and prescribed a framework to ensure veterans, war widow/ers and their families have access to quality advocacy, welfare and support services.

“The Review recommended important changes to help standardise ESO advocacy and welfare services and improve transparency and accountability in the way funds are distributed to the ex-service organisations that support Australia’s veteran and defence communities,” he said.

The Review covered the Building Excellence in Support and Training Program (BEST), Training Information Program (TIP), and the Veteran and Community Grants (V&C) program..

ESOs will be encouraged to work closely together to ensure that appropriate advice and support is provided to veterans and defence members. Support for the Training Information Program will be strengthened by ensuring that advocates, and pension and welfare officers are provided with the standard of training and support they require to undertake their important role.

“The ongoing involvement of the ESO community throughout the consultation process has been the key to the success of the Review and I am confident that the recommendations will receive broad support,” Mr Snowdon said.

BEST Round 13 applications open today and close on 11 March 2011.

Defence's New Food Innovation Centre

2011-02-14T11:28:00.000-08:00

The Australian Minister for Defence Science and Personnel, Warren Snowdon, today announced the establishment of a joint Research Centre in Food Innovation.

The Research Centre will draw on facilities and expertise from the University of Tasmania, CSIRO’s Division of Food and Nutritional Sciences and the Defence Science & Technology Organisation (DSTO).

“The Research Centre in Food Innovation would be able to support and enhance the research activities at DSTO Scottsdale which provides a dedicated food science and technology capability for Defence,” Mr Snowdon said in a press release.

“The new centre, together with the redevelopment of the Scottsdale facility, is expected to significantly enhance DSTO’s ability to provide the ADF with state-of-the-art support on nutrition and feeding strategies.”

“It will draw on the synergies between DSTO, CSIRO and UTAS to develop novel approaches to nutrition and food science that will benefit the performance of ADF personnel as well as the needs of the wider Australian community.”

Mr Snowdon was speaking at the opening of the International Symposium on Defence Nutrition in Scottsdale, Tasmania, where experts from Australia , USA , Norway , New Zealand and Singapore have gathered to discuss strategies for the future development of military nutrition and food science.

The gathering provides an opportunity to address nutrition issues such as the potential for high pressure processing to produce safe, long-lasting, tasty and nutritious foods for combat rations, and the use of nanotechnology for ‘smart’ packaging of ration items.

Outcomes from the symposium will inform the program of the proposed food innovation centre.

Mr Snowdon said the new centre could allow Scottsdale to grow research capabilities in food science and technology, provide access to a broader pool of experts, and foster an enriched science environment for staff.

On a broader level, the new centre could provide significant benefits for the local agricultural industry, local manufacture of ingredients, small business development in Tasmania and employment opportunities.

This week in Congress (14 February 2011)

2011-02-14T02:45:00.000-08:00

The following legislative activities, which affect U.S. servicemembers and veterans or concern military justice issues, are occurring this week in the U.S. Congress and in Commissions:

Tuesday, 15 February 2011

Committee on House Administration, hearing on Military and Overseas Voting: Effectiveness of the MOVE Act in the 2010 Election, 1030 hours, 1310 Longworth House Office Building. The witness list can be found here. To view a live webcast of the hearing go here.

Senate Committee on Homeland Security and Governmental Affairs, hearing on A Ticking Time Bomb: Counterterrorism Lessons from the U.S. Government's Failure to Prevent the Fort Hood Attack, 1030 hours, SD-342 Dirksen Senate Office Building. To add this to your VCalendar go here.

Wednesday, 16 February 2011

House Armed Services Committee, hearing on 2012 Budget Request for the Department of Defense, 1000 hours, Room 2118 Rayburn House Office Building.

Thursday, 17 February 2011

House Committee on Veterans' Affairs, hearing on U.S. Department of Veterans Affairs Budget Request for Fiscal Year 2012, 0930 hours, 334 Cannon House Office Building.

Senate Armed Services Committee, hearing on the Defense Authorization Request for Fiscal Year 2012 and the Future Years Defense Program, 0930 hours, SD-G50 Dirksen Senate Office Building.

House Armed Services Committee, hearing on 2012 Budget Request for the Department of Air Force 1300 hours, Room 2118 Rayburn House Office Building.

___________________

For this week in military justice go to CAAFlog here.

This week in Parliament, Courts and Tribunals (14 February 2010)

2011-02-13T10:19:00.000-08:00

Online registration service to support Aussie's attending ANZAC services in France

2011-02-12T11:49:00.000-08:00

The Australian Department of Veterans' Affairs has announced that Australians travelling to Villers-Bretonneux, France, for 2011 Anzac Day commemorations can now register online to stay up-to-date with important information.

Mr Warren Snowdon, the Minister for Veterans Affairs, said registration for Villers-Bretonneux Anzac Day commemorations had been introduced in response to growing interest.

“Villers-Bretonneux is an important commemorative site with special significance for Australians. The re-taking of the village of Villers-Bretonneux on the night of 24-25 April 1918 was a significant military achievement for Australia that helped stop the German’s spring offensive.

“The site of the Dawn Service, the Australian National Memorial, honours the 295,000 Australians who fought on the Western Front during the First World War and the 46,000 who were killed there.

In 2009 about 3,000 people attended the Villers-Bretonneux commemorations, in 2010 this increased to 3,500, with 4,000 expected in 2011 – so we’re finding ways to support those Australians attending.

The online registration services provide travellers with helpful information on what to bring and what to expect over the commemorative period. The updates are communicated via text message and/or email, and may include changes to traffic arrangements, site opening times, weather conditions or in the event of an emergency.

Registration is not mandatory, nor a ticketing system for the commemorations – but a way for Australian travellers to stay informed of important updates. The services are optional and people can still attend Anzac Day commemorations in Villers-Bretonneux and Gallipoli if they have not registered.

To register for Villers-Bretonneux updates go here. To register for Gallipoli updates go here. For more information about Anzac Day commemorations in France or Gallipoli go here.

This week in Congress (7 February 2011)

2011-02-07T01:48:00.000-08:00

The following legislative activities, which affect U.S. servicemembers and veterans or concern military justice issues, are occurring this week in the U.S. Congress and in Commissions:

Wednesday, 9 February 2011

House Veterans Affairs Committee, hearing on Alleged Violations of the Servicemembers Civil Relief Act [Note: The time and place of the hearing is presently unavailable.]

House Armed Services Committee, Subcommittee on Military Personnel, hearing on Morale, Welfare, and Recreation Programs Overview, 1400 hours, Room 2212 Rayburn House Office Building.

Thursday, 10 February 2011

House Armed Services Committee, Subcommittee on Military Personnel, hearing on Military Resale Programs Overview, 1400 hours, Room 2212 Rayburn House Office Building.

Friday, 11 February 2011

House Armed Services Committee, Subcommittee on Emerging Threats and Capabilities, hearing on What Should the Department of Defense's Role in Cyber Be? 1130 hours, Room 2118 Rayburn House Office Building.

___________________

For this week in military justice go to CAAFlog here.

This week in Parliament, Courts and Tribunals (7 February 2010)

2011-02-06T11:33:00.000-08:00

The following legislative activities, which affect Australian servicemembers, veterans or concern military justice issues, relate to freedom of information or national security, are occurring this week in the Parliament of Australia:

Friday, 11 February 2011

Senate Legal and Constitutional Affairs References Committee, Australian Law Reform Commission, Committee Room 2S1, Parliament House. The Terms of Reference can be found here. To review the submissions received go here.

Parliamentary Joint House and Senate Committee on the Australian Commission for Law Enforcement Integrity, Inquiry into the operation of Law Enforcement Integrity Commission Act 2006, 0900- 1400 hours, Committee Room 2S3, Parliament House. The Terms of Reference can be found here. To review the submission received go here.

High Court of Australia

Friday, 11 February 2011

The High Court will be hearing special leave applications via video link from Adelaide. The List of Business can be found here.

Federal Court of Australia (Full Court)

Monday, 7 February 2011

Seafood Imports Pty Ltd v. ANL Singapore Pte Ltd [2010] FCA 702, VID6921/2010 [International Law: International Convention for the Unification of Certain Rules of Law Relating to Bills of Lading at Brussels, August 25, 1924 as amended by a Protocol to Amend the International Convention for the Unification of Certain Rules Relating to Bills of Lading signed at Brussels December 21, 1979 (“the Hague-Visby Rules”) Articles III and IV. Issues: Whether goods properly and carefully carried, kept, cared for and discharged – Exception of latent defect – Whether malfunctioning of container not discoverable by due diligence – Hague-Visby Rules Arts III rr (1) and (2) and IV rr (1) and (2)(p)]

Thursday, 10 February 2011

Gilkinson v. Repatriation Commission [2010] FCA 1292, NSD1756/2010. [Issues: Defence and War - whether Tribunal should have applied s 196B(14)(b) of Veteran’s Entitlement Act 1986 (Cth) rather than s 196B(14)(d) – meaning of “arose out of, or was attributable to” in s 196B(14)(b) – whether phrase has same meaning as in other sections of the Act – held that context of phrase in s 196B(14)(d) different from context in other sections – in s 196B(14)(d) phrase refers to dominant or effective cause but not necessarily the sole cause – consideration of s 196B(14) generally.]

Repatriation Commission v. Malady [2010] FAC 798, VID698/2010 [Issues: application for disability pension pursuant to Veterans’ Entitlements Act 1986 – whether reasonable hypothesis connecting disability with eligible war service - no causal connection between depressive disorder, alcohol abuse and drug abuse and operational service – no reasonable hypothesis connecting borderline personality disorder to operational service – Administrative Appeals Tribunal erred in relying upon borderline personality disorder to connect depressive disorder, alcohol abuse and drug abuse with operational service.]

Defence Force Discipline Appeal Tribunal

The Tribunal next sits on 17 and 18 March 2011.

Veterans' Review Board

For a full list of this week's cases in Brisbane, Canberra, Melbourne, Perth and Sydney go here.

AP reports U.S. Air Force court-martial convicts a Chief Master Sgt of numerous counts of sexual misconduct

2011-01-27T19:49:00.001-08:00

The Associated Press reports in this San Diego Union Tribune article that U.S. Air Force Master Sergeant William Gurney - a 27 year Air Force veteran - was found guilty by a six member court-martial panel of two counts of sexual misconduct. He was acquitted on three counts. On Monday, Gurney had pleaded guilty to 13 counts of sexual misconduct and adultery.

Gurney had previously served as the senior enlisted man at the Air Force Materiel Command which is headquartered at Wright-Patterson Air Force Base, Ohio. He was defended by detailed military defense counsel in a general court-martial held at Scott Air Force Base in Ill. The military judge dismissed an obstruction of justice charge on the grounds that the Government failed to state a claim.

A sentence of 16 and half years imprisonment and a possible dishonorable discharge is what Gurney could receive when he is sentenced tomorrow.

HAPPY AUSTRALIA DAY!

2011-01-25T13:01:00.000-08:00

Happy Australia Day! Today is my 4th Australia Day living in Sydney - I so love our great country.

The 2011 Australia Day Honours List can be found here.

Washington Post: Lawyer for WikiLeaks Army figure alleges mistreatment

2011-01-22T23:17:00.000-08:00

The WaPo is running this article today on U.S. Army Private First Class Bradley Manning indicating that his lawyer has alleged his pretrial confinement at the U.S. Marine Corps Brig in Quantico, Virginia amounts to a violation of Article 13 of the Uniform Code of Military Justice.

This week in Congress (24 January 2011)

2011-01-22T22:25:00.000-08:00

The following legislative activities, which affect U.S. servicemembers and veterans or concern military justice issues, are occurring this week in the U.S. Congress and in Commissions:

Monday, 24 January 2011

Commission on Wartime Contracting, hearing on recurring problems in Afghan construction, 0930 hours, room 216, Hart Senate Office Building.

Wednesday, 26 January 2011

House Armed Services Committee, hearing on DOD Efficiencies, 1000 hours, room 2118 Rayburn House Office Building.

Thursday, 27 January 2011

Senate Armed Services Committee, to receive testimony on the results of the investigation by the Department of Defense and the Department of Air Force into the release of proprietary date in the KC - X competition, 0930 hours, room SD-G50, Dirksen Senate Office Building.

___________________

For this week in military justice go to CAAFlog here.

This week in Parliament, Courts and Tribunals (24 January 2011)

2011-01-22T22:14:00.000-08:00

[SLOW WEEK]

The following legislative activities, which affect Australian servicemembers, veterans or concern military justice issues, relate to freedom of information or national security, are occurring this week in the Parliament of Australia:

Parliament is in recess until 8 February 2011 and there are Committee hearings scheduled this week in Parliament but none of which relate to the subject matter of this blog.

High Court of Australia

The High Court is in recess until 31 January 2011 and on that day there will be only a ceremonial sitting in Canberra.

Federal Court of Australia (Full Court)

No cases this week that involve matters pertaining to this blog.

Defence Force Discipline Appeal Tribunal

The Tribunal next sits on 17 and 18 March 2011.

Veterans' Review Board

For a full list of this week's cases in Brisbane, Canberra, Melbourne, Perth and Sydney go here.

Australia awards SAS digger the Victoria Cross

2011-01-22T21:40:00.000-08:00

Today the Commonwealth of Australia has awarded the Victoria Cross to Corporal Benjamin Roberts-Smith, aged 32, in a special ceremony in Perth. An Australian Associated Press report, which appears in today's Sydney Morning Herald, can be found here.

There are just three living VC recipients: Keith Payne VC, Mark Donaldson VC and now Corporal Robert-Smith VC, MG.

Corporal Roberts-Smith is now Australia's most decorated member of the Australian Defence Force currently serving on active duty. In 2006 he was awarded the Medal for Gallantry.

Below are his VC and MG citations which can also be found on the ADF website here:

Australian Army

Awarded the Victoria Cross for Australia

Corporal Benjamin Roberts-Smith, VC, MG

Citation

For the most conspicuous gallantry in action in circumstances of extreme peril as Patrol Second-in-Command, Special Operations Task Group on Operation SLIPPER.

Corporal Benjamin Roberts Smith enlisted in the Australian Regular Army in 1996. After completing the requisite courses, he was posted the 3rd Battalion, the Royal Australian Regiment where he saw active service in East Timor. In January 2003, he successfully completed the Australian Special Air Service Regiment Selection Course.

During his tenure with the Regiment, he deployed on Operation VALIANT, SLATE, SLIPPER, CATALYST and SLIPPER II. Corporal Benjamin Roberts-Smith was awarded the Medal for Gallantry for his actions in Afghanistan in 2006.

On the 11th June 2010, a troop of the Special Operations Task Group conducted a helicopter assault into Tizak, Kandahar Province, in order to capture or kill a senior Taliban commander.

Immediately upon the helicopter insertion, the troop was engaged by machine gun and rocket propelled grenade fire from multiple, dominating positions. Two soldiers were wounded in action and the troop was pinned down by fires from three machine guns in an elevated fortified position to the south of the village. Under the cover of close air support, suppressive small arms and machine gun fire, Corporal Roberts Smith and his patrol manoeuvred to within 70 metres of the enemy position in order to neutralise the enemy machine gun positions and regain the initiative.

Upon commencement of the assault, the patrol drew very heavy, intense, effective and sustained fire from the enemy position. Corporal Roberts Smith and his patrol members fought towards the enemy position until, at a range of 40 metres, the weight of fire prevented further movement forward. At this point, he identified the opportunity to exploit some cover provided by a small structure.

As he approached the structure, Corporal Roberts Smith identified an insurgent grenadier in the throes of engaging his patrol. Corporal Roberts Smith instinctively engaged the insurgent at point-blank range resulting in the death of the insurgent. With the members of his patrol still pinned down by the three enemy machine gun positions, he exposed his own position in order to draw fire away from his patrol, which enabled them to bring fire to bear against the enemy. His actions enabled his Patrol Commander to throw a grenade and silence one of the machine guns. Seizing the advantage, and demonstrating extreme devotion to duty and the most conspicuous gallantry, Corporal Roberts Smith, with a total disregard for his own safety, stormed the enemy position killing the two remaining machine gunners.

His act of valour enabled his patrol to break-in to the enemy position and to lift the weight of fire from the remainder of the troop who had been pinned down by the machine gun fire. On seizing the fortified gun position, Corporal Roberts Smith then took the initiative again and continued to assault enemy positions in depth during which he and another patrol member engaged and killed further enemy. His acts of selfless valour directly enabled his troop to go on and clear the village of Tizak of Taliban. This decisive engagement subsequently caused the remainder of the Taliban in Shah Wali Kot District to retreat from the area.

Corporal Roberts Smith’s most conspicuous gallantry in a circumstance of extreme peril was instrumental to the seizure of the initiative and the success of the troop against a numerically superior enemy force. His valour was an inspiration to the soldiers with whom he fought alongside and is in keeping with the finest traditions of the Australian Army and the Australian Defence Force.

--------------------------------------------------------------------------------

Australian Army

Awarded the Medal for Gallantry

Lance Corporal Benjamin Roberts-Smith

Citation

For gallantry in action in hazardous circumstances as a patrol sniper in the Special Operations Task Group – Task Force 637, whilst deployed on Operation SLIPPER Rotation Three Afghanistan, May – September 2006.

On the night of 31st May 2006, Lance Corporal Roberts Smith was employed as a patrol scout and sniper in a patrol which was tasked with establishing an Observation Post near the Chora Pass in extremely rugged terrain overlooking an Anti Coalition Militia sanctuary. Early in the patrol, after an arduous ten hour foot infiltration up the side of a mountain, the patrol was required to coordinate offensive air support to assist a combined Special Operations Task Group and other Special Forces patrol who were in contact with the Anti Coalition Militia in the valley floor to their north. Following this engagement the patrol remained in the Observation Post to continue providing vital information on the Anti Coalition Militia in the area. This comprehensive reporting had a significant effect on shaping the local area for the subsequent coalition forces operation.

On the 2nd June, the Observation Post had become the focus of the Anti Coalition Militia force and repeated attempts to locate and surround the position ensued. In one particular incident the Militia attempted to outflank the Observation Post. Lance Corporal Roberts Smith was part of a two man team tasked to move out of their relatively secure Observation Post in order to locate and neutralise the Militia and regain the initiative. This task was successfully achieved.

In another incident, two Anti Coalition Militia attempted to attack the Observation Post from a different flank, Lance Corporal Roberts Smith again moved to support and neutralise one of these Militia. Lance Corporal Roberts Smith then realised that the forward edge of the Observation Post was not secure and made the decision to split the team and take up an exposed position forward of the patrol so he could effectively employ his sniper weapon. Whilst isolated, and in his precarious position, he observed a group of sixteen Anti Coalition Militia advancing across open ground towards the Observation Post. Lance Corporal Roberts Smith effectively employed his sniper rifle to stop their advance whilst receiving very accurate small arms fire from another group of Militia to his flank.

Through his efforts, Lance Corporal Roberts Smith maintained the initiative and ensured that his patrol remained secure by holding this position without support for twenty minutes. He was eventually reinforced by his original team member and together they continued to hold off the Militia advance for a further twenty minutes until offensive air support arrived.

Lance Corporal Roberts Smith’s actions on the 2nd June 2006, whilst under heavy Anti Coalition Militia fire and in a precarious position, threatened by a numerically superior force, are testament to his courage, tenacity and sense of duty to his patrol. His display of gallantry in disregarding his own personal safety in maintaining an exposed sniper position under sustained fire with a risk of being surrounded by the Anti Coalition Militia was outstanding. His actions, in order to safeguard his patrol, were of the highest order and in keeping with the finest traditions of Special Operations Command Australia, the Australian Army and the Australian Defence Force.

Australian Army to deliver better communication system for diggers

2011-01-21T23:02:00.000-08:00

Defence today signed a $69 million contract to deliver faster and more reliable communications on the battlefield.

Minister for Defence Materiel Jason Clare said the contract with Raytheon would provide more than 1000 radios, which will be mounted on Army vehicles, primarily Bushmasters and M113 armoured vehicles, and handheld portable radios to be carried by soldiers in the field; equipment needed to mount and operate the radios; and maintenance and support services for three years.

“These new radios will give frontline soldiers and the Commanders directing them instant information on where they are, where they need to be and what is happening around them,” Mr Clare said a press release today.

“Right now, the Army is using an older, analogue system which is fast becoming obsolete. It’s served our troops well, but it’s time to move the Army forward into the digital age. This new system will be faster and more reliable, allowing troops to communicate instantly with the central command post. It will help Commanders plan better by giving them more accurate and timely information about what is happening on the ground," he said.

GAO releases report on costs associated with DoD's policy on gays in the military

2011-01-20T23:04:00.000-08:00

The U.S. Government Accountability Office, or GAO, released this report today entitled "Personnel and Cost Data Associated With Implementing the DOD'S Homosexual Conduct Policy."

The report was originally requested by Rep. Susan Davis (D-Calif.) who was chair of the House Armed Services' Subcommittee on Military Personnel in the last (111th Congress).

According to GAO’s analysis of Defense Manpower Data Center data, 3,664 servicemembers were separated under DoD’s homosexual conduct policy from fiscal years 2004 through 2009. Of the 3,664 separations, 1,458 of these separated servicemembers held a critical occupation or an important foreign language skill as determined by GAO and the services. More specifically, 1,442 (39 percent) of the servicemembers separated under the policy held critical occupations, such as infantryman and security forces, while 23 (less than 1 percent) of the servicemembers held skills in an important foreign language, such as Arabic or Spanish. Seven separated servicemembers held both a critical occupation and an important foreign language skill.

Using available Department of Defense, or DoD, cost data, GAO calculated that it cost DoD about $193.3 million ($52,800 per separation) in constant fiscal year 2009 dollars to separate and replace the 3,664 servicemembers separated under the homosexual conduct policy. This $193.3 million comprises $185.6 million in replacement costs and $7.7 million in administrative costs. The cost to recruit and train replacements amounted to about $185.6 million. In calculating these costs, GAO included variable costs, such as recruiting bonuses, and excluded fixed costs, such as salaries and buildings, to the extent possible because according to service officials there would likely be no significant increase in fixed costs when recruiting and training a relatively small number of replacement personnel.

The Air Force, Army, and Marine Corps provided GAO with administrative cost estimates; however, Navy officials explained that changes in separation processes from fiscal years 2004 through 2009 prevented them from providing an accurate administrative cost estimate in time for the data to be included in GAO’s analyses. Because the Navy did not provide these data, GAO’s calculation is an underestimation of DoD’s likely total administrative costs.

Aussie veteran imposter pleads guilty

2011-01-17T22:43:00.000-08:00

Australian Minister for Veterans’ Affairs, Warren Snowdon, welcomed the outcome of the case against veteran imposter Arthur Rex Crane handed down in the Brisbane District Court last month.

Back in October 2009 I wrote about Mr Crane, that post can be found here.

“Mr Crane has pleaded guilty to defrauding the Commonwealth and ordered to pay back more than $413,000 for falsely claiming he was a prisoner of the Japanese during the Second World War,” Mr Snowdon said.

Mr Crane has been sentenced to four years jail and can be released after serving six months upon entering a good behaviour bond for four years. He was also ordered to pay the Commonwealth more than $413,000 in falsely claimed pension.

“The Australian Government takes very seriously the recognition and respect of those who have served our country and has no tolerance for those who fraudulently claim that recognition,” Mr Snowdon said.

The DVA has a dedicated compliance section that investigates all suspected cases of fraudulent activity. Other ongoing measures that act as a deterrent are proof of identify checks, and departmentally initiated reviews. To report any incidents of fraud or if you suspect that a person is a veteran imposter you can report it to DVA here.

This week in Parliament, Courts and Tribunals (10 January 2011)

2011-01-09T17:10:00.000-08:00

The following legislative activities, which affect Australian servicemembers, veterans or concern military justice issues, relate to freedom of information or national security, are occurring this week in the Parliament of Australia:

Parliament is in recess until 8 February 2011 and thus there are no hearings scheduled this week in Parliament.

High Court of Australia

The High Court has a newly designed website for 2011 . . . check it out here. The new website looks cool.

The High Court is in recess until 31 January 2011 and on that day there will be only a ceremonial sitting in Canberra.

Federal Court of Australia (Full Court)

No cases this week that involve matters pertaining to this blog.

Defence Force Discipline Appeal Tribunal

The Tribunal next sits on 17 and 18 March 2011.

Veterans' Review Board

For a full list of this week's cases in Brisbane, Canberra, Melbourne, Perth and Sydney go here.

We're back to posting . . . Happy 2011!

2011-01-09T17:08:00.000-08:00

After a much needed break . . . we're back to posting. Many things are going on both in Australia and the States concerning military justice and personnel issues that we'll be discussing in the upcoming weeks.

Decision is Parker released

2010-12-15T00:14:00.000-08:00

Late last month the Australian Defence Force Discipline Appeal Tribunal issued a decision in Parker v. Chief of Air Force [2010] ADFDAT 2 (29 November 2010). The decision can be found here.

I have not had time to read it yet.

Funding for projects honouring Aussie veterans

2010-11-11T21:59:00.000-08:00

The Minister for Veterans’ Affairs, Warren Snowdon, said 241 projects across Australia, which honour Australia’s servicemen and women, will benefit from a funding round announced last Friday, 5 November.

Mr Snowdon said Australian Government funding of $701,892 for Saluting Their Service grants would commemorate our wartime history and honour those who have served, and continue to serve, Australia in wars, conflicts and peace operations.

The list can be found here.

The announcement was made at Footscray City College in Melbourne which has previously been awarded Saluting Their Service grants for research projects involving students interviewing veterans about their experiences in wars, conflicts and peacekeeping operations.

“Saluting Their Service grants provide funding to help communities build and maintain memorials, capture the wartime history of their towns and preserve memorabilia for future generations,” Mr Snowdon said.

“Commemorative projects play a major role in encouraging Australians, young and old, to learn about our wartime heritage. Community and ex-service organisations can also apply for funding to support significant anniversaries of wartime events,” said Snowden.

This year marked some significant anniversaries for Australia including the 95th anniversary of the Gallipoli Campaign, 65th anniversary of Victory in the Pacific, 60 years since the start of the Korean War and 50 years since the end of the Malayan Emergency. Many communities planned ceremonies throughout the year marking these anniversaries and this funding will help to contribute to the cost of these events.

“Australian service has been a part of the history of every city and town across the country and, through these projects, we can help ensure the contribution of our servicemen and women is remembered and their sacrifice is not forgotten,” Mr Snowdon said.

[Disclaimer: The author of this post is Chairman of the RSL Keep 45 Alive Committee - an initiative sponsored by the Returned & Services League of Australia to commemorate the 65th anniversary of the end of WW2 also know as Victory in the Pacific Day - which received a grant.]

Blog's on holiday

2010-11-09T01:46:00.000-08:00

We're taking a brief holiday. Sean is on military assignment and both Nick and I are in the middle of exams (plus I'm working on HR 569 in the States - trying to get it through the lame duck Congress).

We'll be back to blogging the first week of January 2011. Have a nice holiday season!

This week in Congress (1 November 2010)

2010-10-31T22:54:00.000-07:00

The following legislative activities, which affect U.S. servicemembers and veterans or concern military justice issues, are occurring this week in the U.S. Congress:

Congress is in recess until after the mid-term November election. The House returns on 15 November 2010 and the Senate will have pro forma sessions.

___________________

For this week in military justice go to CAAFlog here.

This week in Parliament, Courts and Tribunals (1 November 2010)

2010-10-30T23:56:00.000-07:00

The following legislative activities, which affect Australian servicemembers, veterans or concern military justice issues, relate to freedom of information or national security, are occurring this week in the Parliament of Australia:

Wednesday, 3 November 2010

Senate Legal and Constitutional Affairs References Committee, Review of Government compensation payments, Victorian Parliament Legislative Council Committee Room, time to be determined.

Thursday, 4 November 2010

Senate Legal and Constitutional Affairs References Committee, Human Rights Bill 2010, Victorian Parliament Legislative Council Committee Room, time to be determined.

High Court of Australia

High Court sits in Canberra on Tuesday, 2 November 2010. None of the cases involve issues relevant to this blog. To view the listings of hearings go here.

Federal Court of Australia (Full Court)

No cases this week that involve matters pertaining to this blog.

Defence Force Discipline Appeal Tribunal

The Tribunal next sits on 9 and 10 December 2010.

Veterans' Review Board

For a full list of this week's cases in Brisbane, Canberra, Melbourne, Perth and Sydney go here.

This week in Congress (25 October 2010)

2010-10-25T19:24:00.000-07:00