Don Tate has graciously, invited Fergus to attend one of his speaking engagements during Don’s very arduous itinerary involving the flogging of his book.

Fergus is not a suspicious person but he believes that the invitation to Don’s “party” has sinister overtones of mayhem in the library. Being a senior citizen Fergus has long since left fisticuffs as a form of settlement behind, in fact like most people he left it in the school yard many years ago. Unfortunately the logistics of travelling from his aerie in the Highlands to the antipodean colonies would not be beneficial to Fergus’s health or wealth, so a Fergus declines the invitation.

One would think the same would apply to Tate, as surely attending to his very busy itinerary of seventy engagements would contravene the spirit and the letter of the law regarding the eight hours per week rule for TPIs. He lists his NSW itinerary as follows:

12th March at Eastgardens Library (Sydney) at 1 pm 16th March at Gladesville Library (Sydney) at 3 pm 26th March at Rockdale Library (Sydney) at 1pm 14th April at Goulburn Library at 10 am 14th April at Yass Library at 2 pm 14th April at Holbrook Library at 6.30 pm 15th April at Southern Cross Club ( Canberra ) at 10.30 am 16th April at Griffith Library at 10 am 16th April at West Wyalong Library at 6.00 pm 17th April at Leeton Library at 10 am 17th April at Museum of the Riverina (Wagga Wagga) at 6.30 pm 21st April at Liverpool Library (NSW) at 1pm 21st April at Campbelltown Library (NSW) at 6.30 pm 23rd April at Warilla Library (Shellharbour) at 2.00 pm

Travelling to and from venues, as well as the presentations to flog his book and also the cocktail parties and other aftermath of his campaign must surely all be counted towards an eight hour week? This rule should especially apply, considering that Don’s only motive for doing his library visits is to earn money from the book he has written. Suppose one could also say that if he spent more than eight hours a week working at writing a book for commercial purposes he would also be contravening the VEA Act 1986.

It is patently obvious that all of the time Tate spent pursuing his “2nd D&E Platoon” was also in the category of work that was accountable to DVA because it was done to publicise his damn book and get the sales up. Add up the writing of his book, his public speaking engagements, time travelling to and from public speaking appointments, his pursuit of publicity in the form of the “2nd D&E Platoon” (all done for the enrichment of Tate) and perhaps you have a TPI well outside the DVA rules.

We believe the rules are enshrined in this legislation:

VETERANS' ENTITLEMENTS ACT 1986 - SECT 45TV Gainful work--basic rule (1) For the purposes of this Part, gainful work is work for financial gain or reward, whether as an employee, a self-employed person or otherwise, where: (a) the work involves a substantial degree of personal exertion on the part of the person concerned; and (b) the work is carried on within or outside Australia. (2) Subsection (1) is to be ignored in determining the meaning of an expression used in a provision of this Act other than this Part. VETERANS' ENTITLEMENTS ACT 1986 - SECT 45TW Commission's discretion to treat activity as gainful work (1) If a person satisfies the Commission that: (a) the person, or the person's partner, has engaged in a particular activity; and (b) the activity involves a substantial degree of personal exertion on the part of the person or the person's partner, as the case may be; and (c) the activity does not consist of voluntary work for a charitable, welfare or community organisation; and (d) because of special circumstances, the activity should be treated as gainful work; the Commission may determine that this Part has effect as if the activity were gainful work . (2) The determination has effect accordingly.

There is rumour that a precedent exists whereby in the past a very high profile entertainer experienced the wrath of DVA for similarly appearing in public for the purpose of earning money, however that person was of the decent veteran community and rolled with the punches. A Queensland ex Cavalry Corporal was also stripped on his Special Rate for driving a School bus for more than 8 hours per week, he was re-instated after a VRB hearing.

Don, being a rather excitable bloke would not take kindly to DVA making such a ruling in relation to his very busy speaking engagement itinerary, but then again, if you desire to enjoy the wealth generated by your labour rather than exist on the Special Rate pension you must abide by DVA rules, because you can’t have both.

It is surprising that DVA have not contacted Tate and reminded him of his responsibilities, especially considering his very high profile and his association with the Defence related politician The Honourable Mike Kelly MP and his local member Ms Jenny George. Tate along with all his mates in the Mad Galah mob are also well known by the current Minister for Veterans Affairs, Mr Allan Griffin and it is surprising that Mr Griffin has not noticed Tate’s cavalier behaviour.

Should DVA decide to change their rules so that writing, publicizing and selling a book for personal reward is not counted in the eight hours per week limit for TPIs then Don could continue with his strenuous campaign, otherwise, celebrity author or not he must abide by the rules.

Thank you for the invitation Don, but Fergus cannot accept because he only makes appearances on a fee basis and each appearance, including travel time, promotion time etc must add up to less than eight hours per week.

See Don's arduous itinerary below.

Aye

Fergus

From: [email protected] To: Allen Petersen Sent: Friday, 6 March 2009 8:24 AM Subject: Don Tate's Author Talks re "The War Within"- March/ April

To all who may be interested: DON TATE’S 2009 SPEAKING ITINERARY

During 2009, I am pleased to announce that I have been invited to speak about “The War Within” at more than 70 Libraries and other venues across Australia . To receive so many engagements so long after a book is published is, I guess, a tribute to the way my book is regarded in literary circles.

As well, I will also show approximately 25 minutes of colour movie film I took in Vietnam as a young infantryman in 1969. The movies show the 4th and 9th Battalions in the field, and include images of reinforcements arriving in the jungle; re-supplies of rations and ammunition; patrolling the paddy fields; ID checks along Route 328; an air-strike by US Phantoms; men on leave in Vung Tau; patrols in the thick jungle of Long Khanh; and my eventual hospitalisation from war wounds. Viewers will be able to identify changes caused by the defoliation process; the ‘dry’ season; the ‘wet season’; and images of the general Vietnamese population trying to exist in a war.

The original footage is in colour and has been restored to pristine condition. While these films are most pertinent to Vietnam veterans, many family members of veterans as well as the general public find the films very moving. I have also included some scenes of Ellen Grove as it was in the 1950’s.

During the presentation, I will discuss the process of writing a memoir (the personal cost); style, language and use of imagery and other devices; analyse the various sections within the book, including the corruption of history in the ‘editing-out’ of the 2nd D&E Platoon from all histories of the Vietnam War- including the treatment meted out to Jim Riddle by the military and governments); and discussing the themes developed in the work.

Afterwards, there will be a question and answer session. On most occasions, I will be accompanied by my wife, Carole- or ‘St Carole’ as those who have read the book call her. Vietnam veterans, in particular, but also relatives and friends of Vietnam veterans will find the films of considerable interest. All are welcome- and a special invitation is extended to Hon. 'Fergus Fairfax'- please introduce yourself personally afterwards. In March and April, I will be speaking in the following venues:

NEW SOUTH WALES :

12th March at Eastgardens Library (Sydney) at 1 pm 16th March at Gladesville Library (Sydney) at 3 pm 26th March at Rockdale Library (Sydney) at 1pm 14th April at Goulburn Library at 10 am 14th April at Yass Library at 2 pm 14th April at Holbrook Library at 6.30 pm 15th April at Southern Cross Club ( Canberra ) at 10.30 am 16th April at Griffith Library at 10 am 16th April at West Wyalong Library at 6.00 pm 17th April at Leeton Library at 10 am 17th April at Museum of the Riverina (Wagga Wagga) at 6.30 pm 21st April at Liverpool Library (NSW) at 1pm 21st April at Campbelltown Library (NSW) at 6.30 pm 23rd April at Warilla Library (Shellharbour) at 2.00 pm

Don Tate