Newsletter 112002 April 2002 Kim Morrison P.H
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Knight V Commonwealth of Australia (No 3)
SUPREME COURT OF THE AUSTRALIAN CAPITAL TERRITORY Case Title: Knight v Commonwealth of Australia (No 3) Citation: [2017] ACTSC 3 Hearing Dates: 4, 7 May, 3 August, 3 November 2015 Decision Date: 13 January 2017 Before: Mossop AsJ Decision: See [233] Catchwords: LIMITATION OF ACTIONS – Application for extension of time – Claim for damages arising out of assault and negligence – Multiple incidents giving rise to claims – Incidents occurred while plaintiff was a cadet at the Royal Military College, Duntroon – Plaintiff subsequently sentenced and imprisoned for separate incident – 27-year delay in commencing proceedings – Whether Limitation Act 1985 (ACT) s 36 permitting the grant of an extension of time applies – Whether an explanation for the delay existed – Whether just and reasonable to grant extension of time – Consideration s 36(3) considerations – Meaning of disability for the purposes of s 36(3)(d) – Broader significance in relation to abuse in the armed services – Significance of absence of other remedies – Proportionality between damages and cost and effort associated with running claim – Whether proceedings amount to abuse of process – Whether use of proceedings as a means of achieving an interstate transfer predominant purpose of bringing proceedings – application dismissed Legislation Cited: Civil Law (Wrongs) Amendment 2003 (No 2) (ACT), s 58 Corrections Act 1986 (Vic), s 74AA Corrections Amendment (Parole) Act 2014 (Vic) Crimes (Sentence Administration) Act 2005 (ACT), s 244 Interpretation of Legislation Act 1984 (Vic) Legislation -
NEWSLETTER 1/2010 APRIL 2010 Graduating Class December 2009
NEWSLETTER 1/2010 APRIL 2010 Graduating Class December 2009 The Duntroon Society Newsletter Editor Associate Editors Dr M.J. (Mike) Ryan Colonel R.R. (Ross) Harding (Retd) School of Engineering and IT 37 QdQuandong St. UNSW@ADFA O’CONNOR ACT 2602 Australian Defence Force Academy Telephone: (02) 6248 5494 Northcott Drive E-mail: [email protected] CANBERRA ACT 2600 Telephone: (02) 6268 8200 Fax: (02) 6268 8443 Colonel C.A. (Chris) Field E-mail: [email protected] E-mail: [email protected] Cover: photographs courtesy of Defence Publishing Service AudioVisual, Duntroon (Photographers: Phillip Vavasour and Grace Costa) From the Commandant DHA Retains Harrison Road’s Brigadier M.J. Moon, DSC, AM Heritage I trust that you have all had a good break over the Christmas [Newsletter 2/2000 included an article headed Heritage and New Year period. I would like to provide the following Housing Project—Parnell Road, Duntroon. It dealt with the update on the College’s Duntroon-based activities for the skilled and meticulous major restoration of two of the five last six months or so. married quarters on Parnell Road. The work on Sinclair- You would be aware we graduated the December MacLagan House and Gwynn House was done under the Class in good shape last year. There were around 150 careful direction of the Defence Housing Authority, now graduates of all nations. They were a strong mob and should Defence Housing Australia (DHA), which manages all do well in their chosen Corps. Of course, by now, they Defence housing. In that article the Captains Cottages on should be largely on their various Regimental Officer Basic Harrison Road were listed as part of the ten or so heritage Courses around the country. -
Thurunka Septempber 2015
September 2015 THURUNKA 1 THURUNKA September 2015 Newsletter of the Royal Australian Signals Association (NSW) Inc. Patron: MAJGEN R.P. Irving AM PSM RFD (Retd) Including the Aust. Lines of Communication Signals Association Acting President & Secretary: Treasurer: Editor: Senior Vice President: Mr M. (Mike) McEvoy Mr R. (Rob) Mills Mr K. (Ken) Forway Mr N. (Norm) McMahon 13 Milner Street 3 Contentin Road 33 Oaks Avenue 288 Kissing Point Road MOSMAN NSW 2088 BELROSE NSW 2085 LONG JETTY NSW 2261 TURRAMURRA NSW 2074 Phone: (02) 9968 1777 Phone: (02) 4333 4969 Phone: (02) 9144 2645 Mobile: 0418 489 703 Mobile: 0418 646 734 Mobile: 0402 373 494 (& Aust L of C Sigs Ass’n Rep) [email protected] [email protected] [email protected] [email protected] Our Calendar - 2015 In this edition ER Corps Luncheon) Fri 30 Oct 1200h Kirribilli Club Association Matters • President’s Report Annual Memorial Service Sun 08 Nov 1100h Signal Hill Vaucluse • Your Ass’n needs your help Annual General Meeting Sun 08 Nov 1230h Paddington RSL Club • Donation - Gallipoli Tour Remembrance Day Wed 11 Nov 1100h Cenotaph Martin Place Recent Events Rhumb Corps Luncheon Wed 02 Dec 1200h CTA Club • Battle for Australia - 2105 *Committee Luncheon Sun Dec 13 1200h Mosman • COL Coyle - RASigs THURUNKA A December edition early-December Coming Events • ER Corps Dinner - 2015 * TBA Dates/details to be announced. ** TBC Dates/details to be confirmed. • AGM & Memorial Service NB: Dates and other details of events may change. They are constantly reviewed VALE/Sick Parade in an attempt to advise changes to members in a timely manner. -
Kemp - DHAAT 05 (28 May 2021)
Hulse and the Department of Defence re: Kemp - DHAAT 05 (28 May 2021) File Number(s) Re: Lieutenant Colonel George Hulse, OAM (Retd) on behalf of Colonel John Kemp AM (Retd) Applicant And: Department of Defence Respondent Tribunal Air Vice-Marshal John Quaife, AM (Retd) Presiding Member Major General Simone Wilkie, AO (Retd) Mr Graham Mowbray Hearing Date 24 February 2021 DECISION On 28 May 2021, having reviewed the decision by the Chief of Army of 26 February 2020 to not support the award of the Distinguished Service Cross to Colonel John Kemp AM (Retd) for his service in Vietnam, the Tribunal decided to recommend to the Minister for Defence that the decision by the Chief of Army be set aside and that Colonel Kemp be awarded the Distinguished Service Cross for his command and leadership of 1st Field Squadron Group, Vietnam, between 1 November 1967 and 12 November 1968. CATCHWORDS DEFENCE HONOUR – Distinguished Service Decorations – Distinguished Service Cross – eligibility criteria – 1st Field Squadron Group – Fire Support Base Coral - South Vietnam – MID nomination. LEGISLATION Defence Act 1903 – Part VIIIC - Sections 110T, 110V(1), 110VB(1), 110VB(6). Defence Regulation 2016, Section 35. Commonwealth of Australia Gazette No S25 – Distinguished Service Decorations Regulations – dated 4 February 1991. Commonwealth of Australia Gazette No S18 – Amendment of the Distinguished Service Decorations Regulations – dated 22 February 2012. REASONS FOR DECISION Introduction 1. The applicant, Lieutenant Colonel George Hulse OAM (Retd) seeks review of a decision by the Chief of Army, Lieutenant General Rick Burr AO DSC MVO, of 26 February 2020, to not recommend the award of the Distinguished Service Cross to Colonel John Howard Kemp for his service in Vietnam. -
Lieutenant General Henry John Coates, AC, MBE Lieutenant-General John Coates Served in the Australian Army for Forty Years, Reti
Lieutenant General Henry John Coates, AC, MBE Lieutenant-General John Coates served in the Australian Army for forty years, retiring as Chief of the General Staff in 1992. Lieutenant General Coates was born on 28 December 1932 in Adelaide, South Australia. He lived for most of his life before joining the Army in Queensland. His mother was deserted by his father just before his birth and she followed him to Queensland, taking the new born baby but leaving his three elder sisters behind in Adelaide. He was then left bereft at the age of three by the suicide of his mother. It was not until he was sixteen years old that he was reunited with his three older sisters whom he had not seen since he was two years old, but they at least were able to provide belatedly a family foundation. After the death of his mother his life and schooling was turbulent for many years as he was cared for variously by his uninterested father and harsh step mother and, by contrast, a range of warm and supportive foster carers. After attending a number of schools early in his life, and struggling academically as a result, he finished his secondary schooling as a boarder for 9 years at Ipswich Grammar School, Queensland where his academic ability showed through. He finished as Senior Prefect and Captain of the school. As a young man at Ipswich Grammar School, he found sport to be a constant companion, and it remained so during his life. He was talented and participated in a wide range of sports including cricket – probably his greatest love - athletics, tennis and swimming, as well as most others, even venturing into Surf Life Saving with the Palm Beach Surf Club. -
NEWSLETTER 2/2016 SEPTEMBER 2016 Visitors to Be Briefed and That Was Perhaps the More the First Centenarian Interesting Part of My Job
NEWSLETTER 2/2016 SEPTEMBER 2016 visitors to be briefed and that was perhaps the more The First Centenarian interesting part of my job. One morning an officer of the Australia and New Guinea On 15 August 2016 John Grant Sedgley became the first Administrative Unit (ANGAU) came to be brought up to date graduate of the RMC to reach the age of 100 years. For the with the evidence we had of enemy activity in the Sepik last 35 years he has been a very active member of the District as he was about to go there to collect information of Duntroon Society. He was a well known attendee of the enemy intentions in the area and to find out the present meetings and functions of the Victoria Branch and was attitude of the locals to us and to our enemy. He had been a present at almost all the Duntroon Society’s biennial patrol officer there before the War. He was looking for a reunions. Over many years he contributed articles to the companion for the trip, but I regret that he turned down my Editorial Team. Some were published and all were deposited offer because I had no experience of moving through the with his personal file in the RMC archives. With his quite jungle and I did not speak Pidgin English or Motu. What unique achievement it was deemed right and proper for his seemed only a few days later he walked into my room again last writing to be published here. so I enquired about his preparations. -
JOURNAL ISSUE No
Australian Defence Force JOURNAL ISSUE No. 196, 2015 CONTENTS CHAIR’S COMMENTS 2 FORTHCOMING SEMINARS AND CONFERENCES 4 ARTICLES Australia’s Submarine Capability 5 Vice Admiral Tim Barrett, AO, CSC, RAN, Chief of Navy Navigating Uncertain Times: the need for an Australian ‘grand strategy’ 10 Colonel Wade Stothart, DSC, AM, Australian Army Formulating the 2015 Defence White Paper 18 Craig Beutel, Department of Defence ‘There is nothing new under the sun’: an early Australian coalition operation, South Africa, 1900 27 Associate Professor Craig Stockings, University of New South Wales An Embedded Staff Officer in Afghanistan: observations from ‘The Engine Room’ 39 Brigadier M.A. Thompson, AM, Australian Army Chaplaincy in Mental Health Treatment 44 Chaplain Peter Devenish-Meares, Australian Army The Future of the ADF 51 Wing Commander Andrew Hoffmann, CSC, RAAF Evolution of the Battlefield: strategic and legal challenges to developing an effective cyber warfare policy 60 Sub Lieutenant Nam Nguyen, RAN Predicting Future War 70 Dr Robert A. Johnson, University of Oxford Workplace Flexibility in the ADF: anathema or panacea? 79 Emma Wensing, Department of Defence Dr Samantha Crompvoets, Australian National University BOOK REVIEWS 94 1 CHAIR’S COMMENTS Welcome to Issue No. 196 of the Australian Defence Force Journal. This edition contains several articles of direct relevance to the forthcoming 2015 Defence White Paper, including the feature article on Australia’s submarine capability by the Chief of Navy. It is also particularly pleasing that the issue includes an impressive cross-section of contributors, from each of the Services, from a wide range of ranks, and from both public servants and academics, reflecting the disparate nature of those who now regularly contribute to the ‘contest of ideas’ regarding the ADF and the ‘profession of arms’ in Australia. -
University of Canberra Annual Report
VOLUME ONE VOLUME UNIVERSITY OF CANBERRA ANNUAL REPORT VOLUME ONE The University of Canberra acknowledges the Ngunnawal people, who are the traditional custodians of the land on which the University is situated, and pays respect to the Elders of the Ngunnawal Nation both past and present. This publication was printed with environmentally safe processes and biodegradable inks using Pacesetter Gloss stock: ® PLEASE • FSC Mix Certified • Produced with ECF pulp RECYCLE • ISO 14001 Environmental Certification Printed April 2017. Information in this report was correct at time of printing. Up-to-date information is available on the University’s website at canberra.edu.au Design and typesetting by University of Canberra Marketing Services Studio Printed by Even Dots Australian Government Higher Education (CRICOS) Provider #00212K. UCCOR0339. UNIVERSITY OF CANBERRA Canberra ACT 2601 Australia T +61 2 6201 5111 CANBERRA.EDU.AU VOLUME ONE LETTER TO THE MINISTER April 2017 Dear Minister In accordance with Section 36 of the University of Canberra Act 1989, we present the Report by the Council of the University of Canberra for the period of 1 January to 31 December 2016, together with the financial statements in respect of that period. Yours sincerely Professor Tom Calma AO CHANCELLOR Professor Deep Saini VICE-CHANCELLOR AND PRESIDENT FOREWORD CONTENTS FROM THE CHANCELLOR 2 CONTENTS TO BE FINALISED BEFORE PRINT INTRODUCTION FROM THE VICE-CHANCELLOR AND PRESIDENT 4 COUNCIL REPORT 6 Council Members 6 Council Activities 7 2016 HIGHLIGHTS 8 IMPACT 13 -
What's in a Number
What’s In A Number? The Personal Numbering System of the Australian Army by 2151240i The first thing a soldier generally learns, on the very first day of enlistment, is his or her personal number. Those readers with Army service (probably Navy and Air Force as well) will surely remember their first day of service as they, and everyone else around them, spent the day mumbling a string of digits to themselves as they strove to commit that magic number to memory. And woes betide the individual if that number was NOT committed to permanent memory by the end of the day. Readers will doubtless recall the various dodges utilised by those with a less than perfect memory in an effort to avoid the wrath of their instructors. Numbers would be written inside sleeve cuffs, inside the crown of the bush hat, on the back of the wrist, on the palm of the hand. Having your brew mug in your hand when pounced on by a predatory corporal intent on catching you out in the commission of that most unpardonable of military sins, not being able to remember your number, was always a life saver. Since your number was required to be written on your mug in permanent marker, in nice big digits, the mug was always good for a quick desperate glance! Relevance of Service Numbers The question that can legitimately be asked, of course, is what is the relevance of service numbers to military historians? Well, first of all, the service number is one way of positively identifying a particular soldier when carrying out research. -
Soldier Load Carriage: a Risk Management Approach
Soldier Load Carriage: A Risk Management Approach Lieutenant Robin Marc Orr ADFPTI, BFET, MPhty A thesis submitted for the degree of Doctor of Philosophy at The University of Queensland in March 2012 School of Health and Rehabilitation Sciences DECLARATION BY AUTHOR This thesis is composed of my original work, and contains no material previously published or written by another person except where due reference has been made in the text. I have clearly stated the contribution by others to jointly-authored works that I have included in my thesis. I have clearly stated the contribution of others to my thesis as a whole, including statistical assistance, survey design, data analysis, significant technical procedures, professional editorial advice, and any other original research work used or reported in my thesis. The content of my thesis is the result of work I have carried out since the commencement of my research higher degree candidature and does not include a substantial part of work that has been submitted to qualify for the award of any other degree or diploma in any university or other tertiary institution. I have clearly stated which parts of my thesis, if any, have been submitted to qualify for another award. I acknowledge that an electronic copy of my thesis must be lodged with the University Library and, subject to the General Award Rules of The University of Queensland, immediately made available for research and study in accordance with the Copyright Act 1968. I acknowledge that copyright of all material contained in my thesis resides with the copyright holder(s) of that material. -
NEWSLETTER 1/2017 ISSN 2207-0400 APRIL 2017 Experience As Well As Two Other Men Associated with Duntroon’S Worst Day Duntroon
NEWSLETTER 1/2017 ISSN 2207-0400 APRIL 2017 experience as well as two other men associated with Duntroon’s Worst Day Duntroon. Chris Appleton (1978) and The 5th Division and the Battle Richard Carfax-Foster (1971) As part of the doubling of the size of the Australia Imperial The First World War cost Australia as no war had before or Force after Gallipoli, the 5th Division was formed in Egypt in has since, touching every community in the nation and most February 1916. Major-General the Honourable J.W. McCay, of their families. From a population of less than five million formerly commander of the Australian 2nd Brigade and a (equivalent to the population of New Zealand, Singapore or former Minister of Defence, assumed command of the Queensland today) 332,000 Australians served overseas, Division on 22 March 1916. In June 1916 it moved to France, 62,000 of them died and more than 152,000 were wounded. taking over part of the ‘nursery’ sector near Armentières in The overwhelming majority of these casualties were on Flanders from the 4th Division AIF, 10–11 July 2016. the Western Front in France and Belgium where between The Somme offensive had begun disastrously on 1 July 1916 and 1918, 47,000 Australians died and more than 1916, and in an effort to discourage further enemy troop 130,000 were wounded. movements from Flanders to the Somme, the British planned A total of 133 Australian and 25 New Zealand graduates a ‘demonstration’ at Fromelles. As the other three Australian of the RMC served in the First World War. -
Newsletter 21 1990 April 1990 the 'A.M. Forbes Block' Coming Events
Newsletter 21 1990 April 1990 The 'A.M. Forbes Block' On the north side of the Parade Ground is a two story of Brigadier. His military career ended when he retired building listed on the Register of Assets as A33. Since on 1 December 1946. its erection in 1936 it has been used variously as a library, At the Jubilee Parade in 1961 to mark the 50th a military instruction building, a major examination centre anniversary of the Royal Military College, Brigadier and, later, as an academic block. Its most consistent role Forbes' Sword of Honour was presented to the Corps has been that of displaying the RMC Clock. Presently of Staff Cadets by his son, The Honourable Doctor it is the Corps of Staff Cadets' Battalion Headquarters Alexander James Forbes, CMG, MC. Dr Forbes was building and is occupied by the BSM and the BQMS. himself a graduate of the RMC, holder of the Military Earlier this year approval was given to name it 'The Cross for gallantry and Minister for the Army during A.M. Forbes Block'. During his farewell visit to the RMC a distinguished military and political career. on 15 March 90, the Chief of the General Staff, Lieutenant This sword, the first Sword of Honour, has since been General L.G. O'Donnell, (1951) formally named the carried by the Battalion Sergeant Major on all ceremonial building. Brigadier Forbes' son, The Honourable Doctor occasions at the Royal Military College, Duntroon. A.J. Forbes attended the ceremony with his daughter Sarah Forbes. A slightly edited text of the CGS's remarks on that occasion follows.