Hon Martin Hamilton-Smith
Swanbourne 19th August 2022
“The soldier above all others prays for peace. For it is the soldier who must suffer and bear the deepest wounds and scars of war” - Douglass MacArthur
General
2021-2022 has been an eventful year for SASR and the Association. Challenges have included rapidly changing strategic circumstances which have refocussed the attention of the nation and the ADF, Covid -19 with all its frustrations, matters arising from IGADF Brereton’s Report and the consequent appointment of a Special Prosecutor into alleged war crimes in
Afghanistan and the need for improved advocacy support for our members during their DVA claims processes. A host of other challenges are emergent at the national and state level.
But there are many positives. The Regiment continues to thrive, additional funding and resources have been provided to DVA to clear claims backlogs, ASASA Branches at the state level have continued to support each other unabated and the range of additional supports available within the broader SAS Family have fallen in behind those ex-members and their
families who have needed a helping hand.
The SAS Association Mission
The objectives of the Association are outlined in Clause 2 of our constitution; to provide advice and assistance to past and present members of ‘The Regiment’, the Association and, where possible, their families in need; to perpetuate the close bonds and esprit de corps created by past and present members of ‘The Regiment’ and other Special Forces Units, such as Z Special Unit, by providing the means for contact, amalgamation and trusteeship as required; to provide support to ‘The Regiment’; and to preserve the good name of ‘The Regiment’ and guard its interests. Its worth keeping these objects in mind.
Our Strategy
The Association adopted a 3-year strategy in 2018 which had as its focus a clear statement about what we stand for, a three-year strategic direction and a three-year list of strategic objectives. This strategy will be revisited at this meeting and revitalised ‘Towards 2030’.
Action Plans may be determined from the strategy from time to time.
How We Get Things Done
The ASASA is an association of volunteers without the funding or resources to provide professional services. In accordance with the constitution, the Chairman is the associations spokesperson. We are represented on the most senior veterans’ body in the country the Ex- Service Organisations Round Table (ESORT) where I on your behalf have access to the Minister Matt Keough and the Secretary DVA Liz Cosson. Our representatives on DVA’s Operations Working Party (OWP) Mike Callan and on the Younger Veterans Needs Contemporary Forum John Newton, provide additional connections with government service
providers. State Branch presidents maintain connections with DVA local offices and with other veteran stakeholders at the local level. ASASA is presently a respected and valued voice to government.
The credibility of the ASASA depends upon the quality of the arguments we put forward and the way they are presented. To remain an Association of influence we need to be taken seriously by government, by HQ ADF and by the rest of the SF and SAS family. It is particularly important that the Association works cooperatively within itself, with the Auxiliary, the Historical Foundation, the SAS Resources Trust, others in the SAS family, with other ESO’s and with the Commando Association and the Commando Welfare Trust. Cooperation, teamwork, common sense, considered arguments and a professional manner will always trump angry outbursts, emotive argument, and outrage.
Welfare and Veteran Connections
We are a foundation member of the Alliance of Defence Service Organisations (ADSO) About us and connected to the Defence Force Welfare Association and other sister ESO’s like The Royal Australian Regiment Association, the Commando Association, and many other SF associations. On your behalf as Chairman, I am on the Board and a Trustee of the SAS
Resources Trust. There is a SOCOMD ESO Group which meets periodically to discuss SF veterans matters and we regularly connect with SOCOMD to coordinate with HQ SOC. ASASA works closely with and supports ‘Wandering Warriors’ on with DVA’s frontline service ‘Open Arms’. The purpose of these connections is to ensure your concerns are passed up and that
service delivery and other matters of interest are passed down directly or through Branch newsletters and our magazine RV.
IGADF and the Special Prosecutor
Everyone in the unit and who has served in it has been impacted by the controversy and media furore surrounding these yet untested allegations about war crimes in Afghanistan. A Special Prosecutor has commenced work investigating the matters. There may or may not be charges laid depending on whether prosecutors determine on the evidence of any matters that there is a reasonable prospect of success, beyond a reasonable doubt. The Ben Roberts Smith defamation matter will soon be decided on the balance of probabilities. It is clear there are conflicting views on what happened in the field, and it would be unwise to jump to conclusions until due process in any criminal proceedings leads to the truth.
The presumption of innocence was compromised by the way in which this was handled in Canberra and many of our members are understandably aggrieved. There are a wide variety of views within the SAS veteran community about both the substance of the allegations and the process. We should welcome the fact that the allegations have been brought out into the open to be dealt with in accordance with the rule of law. All would be well advised to presume innocence unless a court finds otherwise.
It is neither appropriate nor helpful for the ASASA at a national or branch level to take sides in this conversation. All involved need our help, empathy, and support. It’s important that this issue does not divide SAS veterans or the members of the association. The less said about it publicly the better. Anyone who becomes aware of a comrade in need during this process
should work with the member and others to help. It will be years before it is over.
The ASASA has been involved in ensuring that those caught up in these matters have funded legal cover and personal support. An approach was made to the Attorney General’s Department to establish a separate approving authority for all IGADF grants of legal aid. I am pleased to say that a new scheme for approving grants has now been established within the
Attorney Generals Department called the Afghanistan Inquiry Legal Assistance Scheme (AILAS) which provides for an independent approval process for all future grants of legal aid for actions arising from the IGADF Inquiry. Defence will be responsible for meeting all payments for these costs. This is a significant outcome for those who might potentially face
prosecution at some future date.
We have intervened to ensure steps were taken to protect the superannuation of any individual convicted of an offence. The potential for those convicted of an indictable offence (12 months’ imprisonment or longer) to forfeit the Commonwealth component of their military superannuation came to light from a review of the Crime Superannuation Benefits Act 1989
(Cwlth) which refers to a corruption offence which could lead to the loss of superannuation even for somebody who failed to report a crime if that person was deemed to have “perverted the course of justice” as defined in the Act.
Concerns about this issue were raised immediately by my predecessor Peter Fitzpatrick with the Attorney General’s Department because of the potential and unintentional consequences of this Act, which was designed to capture offences involving corruption within the public service, not war crimes. I am pleased to say that there seems to be no appetite by the
Government to punish individuals or families through the forfeiture of military superannuation, but more work needs to be done to give intent to this by either amendment to the Act or through clarification of its operation. This remains a work in progress.
Support for People
A significant number of people have left the Regiment this year, with many seeking medical discharge as TPI. The ASASA across the country has been in contact with individuals and families to check on their welfare after their transition from the Regiment where they are known to us. Inside the military system, people and families are generally well supported but when they leave many of their welfare and other supports are terminated or change. After service we rely heavily on DVA and volunteers to support our veterans.
Two ‘Peer-To-Peer’ Support Staff provided by DVA provide a gateway into Open Arms in WA with four more in QLD and NSW. The Peer Support workers have been selected based on their previous experience with mental health issues and links to the Regiment or other Special Forces units. Wandering Warriors help to cover NSW and QLD with the specific charter of
providing dedicated support to Special Forces veterans and families. A chaplain John Crosby has been appointed to the Association funded by Defence and supported by the unit.
DVA and Veterans Advocacy
Responsibility for representing the ASASA on DVA and veteran’s advocacy policy issues in a national executive responsibility, but when it comes to helping member with their DVA calms at the local level it is everyone’s responsibility. As Chairman I made an extensive submission to the McKinsey review into DVA processes on behalf of the ASASA in late 2021which was sent to all. The final McKinsey report revealed a 37,000 backlog in claims and identified a further 125,000 claims dealt with to reach zero by June 2023. Total claims on hand grew by 48% between 2019 and 2021, much of that from serving members. Veterans face difficulty assembling and compiling their medical history, problems exist with empathy and respect and with claim complexity, timeliness of determinations, negotiation of the three Acts and with
communications.
Five reform initiatives have been proposed within DVA and six actions from government recommended involving budget and legislation. It emerges that a key solution is to better support veterans to submit and complete claim applications, to manage claims, to expand computer-based decision making. A significant number of new staff are to be hired by DVA to
work through the backlog. A ‘concierge’ arrangement to assist veterans has been proposed.
A better way in the view of many would be to better support advocates by professionalising that service.
A network of volunteer advocates around the country, mostly older veterans giving up their time to support comrades have served us well and we are in their debt. We are grateful for the support of advocates in within state branches of the Association and in outside organisations who have always been willing to step up when asked to support individuals needing assistance within their jurisdictions. The work of our advocates and pension offices across the country capably led by John Burrows in WA also play a key role in supporting individuals and families with their DVA claims. In WA these efforts have been ably supported by Gerry Brampton, Shirly Mooney and April Tajic and others whose services are often in demand, particularly to provide support to families. Dave Christie and others in NSW, Mike Carlon in Vic and advocates in other states further deserve our thanks and support. Advocacy needs to be coordinated at a local level by those on the ground with the veterans and available local volunteers’ services.
Many veterans are entitled to compensation benefits under two or three of the existing acts namely, the VEA 1986, MRCA 2004 and the DRCA 1988. The complexities of providing advice on these claims under multiple acts is occurring at a time when a there is a disappearing cohort of advocates, often age-related, which has created significant challenges for veterans
particularly those seeking advice for higher level claims that go on appeal to the Veterans Review Board (VRB) or the Administrative Appeals Tribunal (AAT). The blame for this can be sheeted home directly to the Commonwealth Government over its delayed response to the Productivity Commission Report recommendations in relation to important reforms for
advocacy.
In recent times the Advocacy Training Development Program (ATDP) which is now the cornerstone of the advocacy regime has stalled, with the ATDP Governance Board made up of highly experienced advocates being recently disbanded and the management of the program is now lingering within DVA. The method of operation of the ATDP hinges now on whether it will only employ paid advocates or elect to have a mix of paid and volunteer advocates.
DVA has stated that it intends to continue to support volunteer advocates, but key questions remain over who will manage and support these advocates and their ongoing training. Sadly, the delays in implementing clear policy guidelines have resulted in advocates who are currently practising or have commenced training or waiting to commence training walking
away. There Is a further complication with liability protection for advocates under the Veteran Indemnity Training Association (VITA) which is underwritten by DVA and is in the process of being closed in anticipation of a ATDP taking up responsibility for liability protection for advocates.
The Association throughout 2022 has been at the forefront of demanding urgent action in this area particularly given that there has been a dramatic rise in the number of claims being launched by Afghanistan and Middle East veterans. A policy failure and the lack of a clear implementation plan in this important area will cause significant detriment to the younger
cohort of veterans who desperately require the services of an advocate pension officer in processing and managing their DVA claims. The Association will have to remain vigilant in this space and demand clear policy directions that spell out a clear future for advocates and pension offices under the ATDP system.
As a nation we could do better If we provided permanent people to provide advocacy services. I have argued the case to government that SAS veterans need at least 1 and preferably 2, full time advocates to deal with our more complex cases. How that is funded is up for debate with government. Last year of the approx. $4.2 approved by the government for BEST Grants to assist advocates ASASA received only $7,353. We have asked for more next year. The ASASA has no funding for full time advocates. Fixing this is a major challenge listed for discussion on the agenda of this meeting.
Grants
DVA have a variety of grants available for us to claim. ASASA has received Grants in Aid (GIA) and BEST grants. We have done as well as we might at accessing Veteran and Community Grants (V&CG), Saluting their Service (STS) and the Supporting Younger Veterans Grants (SYVG). Details of these programmes are on the governments Community Grants Hub website and are available to Branches.
The Media
The media have feasted on the findings of IGADF Brereton and the Ben-Roberts Smith matter. Attempts have been made by media to reraise issues dating back to East Timor. All of this has been difficult for members and a tendency is to respond forcefully directly to the media. This is exactly what they want and serves to give the story of the day extra legs. Media love
conflict, anger and disunity because it sells news. Measured rebuttals and a dignified silence are often a better response than an emotive outburst. The public are smart enough to see through media beat ups. The adage that “todays headline is tomorrows fish and chip wrapper” is apt.
We will continue to endeavour to influence or counter stories in the media to deal with a consistent pattern of negative and highly inaccurate stories about the Regiment and its culture. Where appropriate journalists have been spoken to about their reporting of stories that contained inaccurate or inflammatory material. Stories providing a more balanced point of view have emerged to counter the negative impact of earlier commentary. Some stories have run their course and vanished without a trace without and ADF or ASASA response so as not to give the story any credibility or extend its life in the public domain. Association members are asked to not get involved in media commentary on IGADF matters and for the most part they have shown admirable restraint on that front.
Social Media
At this AGM the National Executive is going to consider a national media policy that a has been expertly complied by Rick Moor, the ACT Branch President who has a strong background in this area. This has been developed in response to some posts on SAS linked websites and other media comments that have gone beyond reasonable criticism of decisions made in
conjunction with the Brereton Report and related matters. There is no intention of trying to censor social media posts but to make it clear that those responsible for websites and those making unacceptable comments are, as the result of a recent High Court decision, potentially liable as a publicist or contributor for any post that gives offence or impugns the reputation of another person.
Feelings ran high for many veterans over two decisions following the release of the Brereton Report, namely the removal of the MUC and the disbandment of 2SAS Squadron. Following these decisions there were some social media posts that could have resulted in significant legal consequences for the individuals concerned and those responsible for the administration
of the relevant website. It is important to remember that the damage that can be done to the Association and the Regiment from ill- considered posts can be quite significant. They have the potential to cause a rift between the Association and the Regiment on some occasions. We all have an obligation to temper the language that is used and the tone of social media
posts to ensure these difficulties do not arise. The draft media policy will be distributed to members when it has been approved by the National Executive.
Membership
Ordinary Membership of the Association is available to all serving and past Members who have been on the posted strength of ‘The Regiment’ since its inception on 27 June 1957, on acceptance of the Branch executive including like units from allied nations. There is no distinction between ‘badged’ or ‘qualified’ and ‘non-qualified’. We are all equal, each respecting the important role everyone who served on the posted strength of the unit has played in our past and our future. The membership is ageing, and, on a branch-by-branch basis, a particular effort is needed to attract younger members, when and if they are ready to join.
Affiliate Members are those members who do not meet the requirements of ordinary membership. This membership category shall not be able to hold executive office nor vote. Affiliate Membership may be granted at the discretion of the Branch committee, and this status shall be restricted to that Branch only. This appears to provide membership options to family members and friends of the association on a Branch basis only, a matter the meeting may wish to discuss.
Royal Commission into Veterans Suicide
On the 7 April we submitted to the Royal Commission into Veterans Suicide which all signed off. On 12 April I received a computer-generated response acknowledging receipt and indicating they would get back to us in necessary. I have heard nothing since. On the 31st of July I wrote to the Commissioner Nick Kaldas expressing our concern and seeking an urgent
response which I will presented at the AGM if received.
Our recommendations took the form of a plan of action to prevent veterans’ suicide and support well-being amongst SAS veterans. The recommendations listed are therefore pertinent to our ASASA future directions, strategy and plans for action and warrant consideration at this meeting.
Recommendation. That the commission recommend that the Minister for Veterans Affairs is permanently filled by the Prime Minister of the day, supported by an assistant minister.
Recommendation. That the Commission considers the impact of the lack of recognition that Special Forces personnel assigned to an operational tour of duty on a Counter Terrorism- Special Recovery (CT-SR) team on their physical, mental, and emotional health, and that the effect of awarding them ‘qualifying service for the purpose of a service pension and Veteran Gold Card would have in reducing the risk of suicide among those soldiers at risk.
Recommendation: That the Royal Commission consider recommending a vocational and academic training scheme for veterans who lack the trade, technical or academic qualifications to allow them to transition to civilian life through finding useful and meaningful employment.
Recommendation. That the Australian Government work with state governments to establish and fund a programme to prioritize, prepare and fast track veterans directly into public service employment in the state of their choice, with priority given to physically, mentally, or emotionally wounded soldiers.
Recommendation. That the Royal Commission recommend that Government fund professionally trained advocates to advise and assist veterans in making DVA claims, thereby ensuring properly written and valid claims are submitted to speed up the process, reducing delays, and consequently reducing the risk of veterans who suicide due to lengthy claim delays.
Recommendation. That the Royal Commission investigate and if necessary, make recommendations to government about reform to the Family Law Act 1974 and other Acts or regulations, if necessary, to ensure veteran disability payments in lump sum or pension form are used for the purpose for which they were intended and not removed from the veteran during divorce proceedings. DVA and NDIS disability provisions should be aligned.
Recommendation. That the Commission recommends that DVA be funded to establish two full time specialist SF senior claims advocate positions located at Swanbourne WA.
Recommendation. That the Commission recommends continued funding for the six ‘peer support officers’ recently provided and administered by DVA in collaboration with “Open Arms’ in WA and ‘Wandering Warriors” in the eastern states.
Recommendation. That the Commission recommends the continued funding by HQ ADF or DVA of a dedicated SF veterans’ chaplain to provide support to SASR veterans across the country based in Perth.
Recommendation. That the Commission recommends that HQ ADF or the DVA fund a full-time welfare officer for SASR veterans based in Swanbourne WA but with a national focus for an initial period of three years.
Recommendation. That the Commission recommend DVA and HQ ADF investigate the funding of a SF veterans ‘Men’s Shed’ facility at Swanbourne.
SAS Resources Trust
The SAS Resources Trust does some incredible work supporting past and present members of the Regiment in their hour of need. The support provided to the widows and children of those who have died on operations is quite extraordinary and the Trustees take a genuine and personal interest in the education and general well-being of these families.
The Trustees are prominent professional people, many of whom have no military background that are completely committed to the Regiment and the beneficiaries that they assist. It is a privilege for me to be involved as a trustee of the Trust by virtue of the National Chairman role and to witness the great quality of its work firsthand. We are greatly indebted to my fellow
committee members, Grant Walsh, The Honourable Chris Ellison, and many other trustees supported by Trust Executive and Chris Johns for the enormous amount of time and effort that they have devoted to assisting in matters involving those caught up in the IGADF Inquiry. As an indication of the importance that they attach to this, the Trust has established a fund and secured A significant donation to provide legal support when needed to those impacted by the
IGADF Inquiry.
The SAS RT is a back stop after all ASASA and Government avenues for support to members have been exhausted. We are lucky to have it. I have arranged a briefing to National Executive by the SAS RT so that the good work being done can be better understood and communicated across the country to the broader membership.
ASASA Financial Position
The AGM will hear that the Association is in a strong financial position because of a kind donation from an anonymous source and grants. As a consequence, capitation fees from Branches required in the past have not been requested for 2021-22, though they may be needed in the future. Covid had the further effect of reducing outlays as we met online. Costs
will now rise and the need to raise further funding will return. We could do better with government grants.
The National Treasurer Dale Whelan has done a magnificent job on our behalf, and we have taken steps to ensure he has the software and support to get the job done. The Financial Report and Audit Report which will be tabled at the AGM confirm a sound situation.
ASASA Constitution Issues
Since its inception, the Association has been registered as a not-for-profit organisation incorporated in Western Australia under the Associations Incorporation Act 2015 (WA). Since the national body operates across state boundaries, it needs to be registered as a national entity rather than being recognised only in one state jurisdiction.
Initially it was decided to incorporate the national body as a Company Limited by Guarantee under the Australian Securities and Investment Commission (ASIC). A draft constitution was prepared that would enable this to occur however, it would have involved a further level of bureaucracy and another layer of administration through the relevant reports to ASIC on an
ongoing basis with recurring administrative costs.
Subsequently investigations led to another option, for the national body to apply for registration as a Registrable Australian Body which would have the effect of enabling it to remain incorporated in Western Australia but have the capacity to operate across state boundaries.
An application for registration as a Registrable Australian Body is now in the process of being filed with ASIC to achieve this.
Our current constitution will still need some amendment to bring it fully into line with the Western Australian Act and to cater for this change of national status. In the coming months state branches will be asked to hold meetings of members to approve the necessary changes to the constitution.
In another important development, the Association has now been endorsed as a charity for tax purposes by the Australian Taxation Office and is now registered with the Australian Charities and Not-For-Profit’s Commission (ACNC). The next step will be to apply for Deductible Gift Recipient (DGR) Status which means that all donations to the Association would become tax deductable. That process is underway in the hands of the National Secretary and National Treasurer.
Other Veterans Matters
Members should be aware that there are efforts underway within the ESO community on several issues including, fair indexation for service pensions, MSBS access to employer benefits, DFRDB commutation (up to date life tables), improved benefits for widows, widowers and dependent children, veterans’ compensation, and other matters. Work is also going into
a review into RCB Butterworth to make the case for qualifying service for pensions and gold card and into medallic recognition for veterans killed or wounded on operations and in training.
As news on these initiatives comes to light it will be forwarded to branches.
Vote of Thanks
The role of National Chairman has been made more bearable thanks to the support and wise counsel of the National Vice Chairman (Rick Moor), Charles Stewart, (National Secretary), Dale Whelan, (National Treasurer) and Rick Simpson (Editor Rendezvous and Website) as well as the State Presidents and officeholders who have always been ready to lend their
support when needed. Thanks are due also to our national asset April Tajic, our Pension and Welfare Officers in each state for the many hours they put in supporting both past and present members of the Regiment.
I would also like to thank and acknowledge the support and encouragement that I have received from the Commander Luke S and RSM SASR, as well as Bruce Willis and Support Cell West of the Regiment for their genuine interest in the wellbeing of those leaving the Regiment and their appreciation of the role played by the Association within the SAS family.
Passing Parade
With each passing year it is with sadness that we recall the names and the memories of those comrades who have died during the year. This year they are 25 in number, and their names will be faithfully read out at our AGM followed by a minute of silence. Their names will also be recorded in Rendezvous.
Their passing is a matter of great sadness to those of us who served with them and knew them. We remember them fondly and, on your behalf, I would like to express my deepest sympathies to their families in this time of great sadness and grief.
Lest We Forget
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