A Political Compromise
A study of the origins, structure and performance of the Australian Defence Force Academy
Klaus D.H. Fe_l_sche
Master of Defence Studies University College, University of New South Wales Australian Defence Force Academy Northcott Drive CAMPBELL ACT 2601 September 1991
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Contents
Acknowledgements •••••••••• 11
Disclaimer •••••••••• 11
Abstract •••••••••• 111
Abbreviations .•••.••.•• IV
Chapter 1: Degrees for Officers ...... 1
Chapter 2: The Tri-Service Academy ...... 15
Chapter 3: The Armed Forces University ...... 31
Chapter 4: The Compromise- A University College ...... 51
Chapter 5: The Effects of Compromise ...... 57
Epilogue ...... 70
Bibliography ...... 74
Annex A: Student Wastage Rates ...... A
Annex B: Casey University- Australian Defence Force Academy Bill ...... B
Annex C: Agreement Between the Commonwealth of Australia and the University of New South Wales ...... C
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Acknowledgements
In writing this sub-thesis I am indebted to the assistance and advice offered by many at the Australian Defence Force Academy. In particular my thanks must go to Professor Peter Dennis who kindly agreed to supervise this work and offered much sound advice, to which, I must confess, I have probably not done justice. Special mention must also go to Dr Hugh Smith for his initial advice and encouragement and the many pieces of research I was able to build upon. Additionally, I must thank Veronica Selinger for checking my final draft and Geoff Colson who patiently read two early drafts. Geoff's helpful comments contributed greatly to the final structure of this sub-thesis.
Disclaimer
The views expressed in this sub-thesis are my own and should not be interpreted as representing the official views of the Australian Defence Force Academy, the Australi an Defence Force, or the Department of Defence.
Certificate
I hereby declare that this submission is my own work and that to the best of my knowledge and belief, it contains no material published or written by another person nor material which to a substantial extent has been accepted for the award of any other degree or diploma of a university or other institution of higher learning, except where due acknowledgement is made in the text of the sub-thesis.
Klaus D.H. Felsche
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Abstract
This sub-thesis traces the stages which led to the establishment of the Australian
Defence Force Academy. The origins of the Academy are to be found in the 1950s. The
perceived need for highly qualified technical officers to handle the technological
demands of the future was complemented by a perception that officers with degree
level education would be better equipped to make decisions and provide strategic
advice to government than their less educated counterparts. The emergence of the tri
Service Academy concept is discussed in some detail to highlight the constantly increas
ing involvement in the proposal by people and organisations from outside the defence community. The struggle between the three Services, eager to retain control over their
officers' education, and the Department of Defence with its ambition to rationalise
common defence functions, is described. The heated debate over the proposal to estab lish an armed forces university resulted in the rejection of the proposal by the Parlia
mentary Standing Committee on Public Works. The response from the Government
and the Department of Defence was a modified proposal, acceptable to most of Casey
University's critics, but flawed in its basic structure.
Some aspects of the Academy's performance are described and compared to the per formance and experiences of the Australian single-Service colleges which preceded it
and some comparable overseas institutions. The paper concludes by revisiting some of the proposals presented as alternative models for the Academy during the Public
Works Committee hearings in 1978/9. These may well provide a sound basis for the future development of the Australian Defence Force Academy.
-IV- Abbreviations
ADF ...... Australian Defence Force ADFA ...... Australian Defence Force Academy ANU ...... Australian National University ARA ...... Australian Regular Army ARes ...... Army Reserve (formerly the CMF) A VCC ...... Australian Vice Chancellors' Committee CAS ...... Chief of the Air Staff CCAE ...... Canberra College of Advanced Education (now UNIC) CDF ...... Chief of the Defence Force CDFS ...... Chief of the Defence Force Staff (now CDF) CGS ...... Chief of the General Staff CMF ...... Citizens' Military Forces CNS ...... Chief of the Naval Staff
COS ...... Chief of Staff
FAUSA ...... Federated Australian University Staff Associations PWC ...... Parliamentary Standing Committee on Public Works
RAAF ...... Royal Australian Airforce
RAN ...... Royal Australian Navy
RANC ...... Royal Australian Naval College
RANEM ...... Royal Australian Navy Emergency Reserve
RMC ...... Royal Military College, Duntroon RMIT ...... Royal Melbourne Institute of Technology
UNIC ...... University of Canberra (formerly CCAE)
UNSW ...... University of New South Wales
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Chapter 1
Degrees for Officers
There is "an insufficient number of officers, middle to senior levels, in all three Services with the intellectual basis upon which to analyse issues and contribute to policy." -Sir Arthur Tange, Secretary, Department of Defence 1
Introduction
The Australian Defence Force Academy (ADFA) is a uniquely Australian institution, formed by the Australian political an
Few military colleges have been allowed the degree of academic independ ence granted to the University College of the University of New South Wales. Few outsiders would understand how a military academy, fully funded by the Department of
Defence, could exist with only minimal input from Defence into the structure and content of the academic courses offered. Most foreign military academies have such mechanisms built into their very constitutions; the Australian military's input is restrict ed to advice offered on subordinate advisory bodies and through informal channels. 2
1. Cited by H. W. Smith, "Educating the Guardians: The Politics of the Australian Defence Force Academy'', Politics, vol19 no 1 (May 1984) p 33.
2. Air Vice Marshal RJ. Bomball, Overseas VISil Repon: Commandam, Defence Academy 21 April-15 May 1991, unpublished, pp 2-4. -2-
The constitution of the Academy is not laid down in legislation. The Acade
my is established and governed primarily by a contract between the Commonwealth of
Australia and the University of New South Wales. 1 A Chief of Defence Force Staff 2
Administrative Instruction established ADFA as a Joint Service Unit under Section
32C of the Defence Act. 3 Several other subordinate instructions and agreements 4
exist but the Academy's existence as a military academy is primarily based on the
agreement with the UNSW.
The essential aims ·of the Academy, as specified in the Agreement, are:
(a) to provide military education and training of officer cadets for the purpose of developing the professional abilities and the qualities of character and leadership that are appropriate to officers of the De fence Force; and
(b) to provide for officer undergraduates and, by way of founda- tion for their careers as officers of the Defence Force, officer cadets a balanced and liberal university education in a military environment. 5
The aim of this paper is to describe and to examine the processes which
brought about this unique institution. This development will trace the origins from the
Services' desire to obtain degree-level education for some of its officers from the late
1940s; the subsequent early attempts at centralising key defence functions in the mid
1. The contract is the Agreement Berween the Commonwealth ofAustralia and the Universiry ofNew South Wales to Establish a University College Wuhin the Australian Defence Force Academy (Canberra, 7 May 1981 ). A copy is attached at Annex c.
2. The Chief o[ the Defence Force Staff(CDFS) held that title at the time the agreement was signed. He is now called the Chief of the Defence Force (CD F). A number of major changes to the ADF structure have provided the CDFwith command functions not held by the CDFS.
3. Air Chief Marshal N.P. McNamara, CDFS Administrative Instruction 1/1984 (Canberra: CDFS 131/1984, 20 March 1984) held on ADfA Archives 85/425(1 ).
4. One of these is the Common User Services Agreement designed to eliminate duplication of basic support func- tions such as stores control, transport, computing services and audio-visual services. This agreement has had a number of prob lems associated with interpretation. For instance, the Academy has two vehicle fleets and considerable demarcation between the University College and the military unit about the responsibility for the procurement, installation and maintenance of computer equipment. Clearly there is some way to go before the terms and spirit of the agreement are fully implemented.
5. Section 3-2 -3-
1950s which saw the tri-Service academy concept emerge; the debate surrounding the proposed establishment of an armed forces university (mid 1970s) and, finally, the steps which led to the establishment of the University College within the Australian Defence Force Academy.
The paper will conclude by examining the present system and evaluating as pects of its performance. Since the Academy is a relatively new institution, this exami nation of its effectiveness is limited to an analysis of its responsiveness to national and to ADF needs, the success achieved by its students in obtaining their degrees and also their commissions as officers in the ADF and the Academy's use of resources.
Within weeks of opening its doors Brigadier Greville, a well-known critic of the Academy, stated that
the capital costs of establishing the academy [were] far greater than estimated.... an overrun of 200 p.c. to 300 p.c.has been revealed to date.... the cost per student per year will be at least $70000 - In other words each officer graduated from this lavish establishment will have cost the taxpayer more than $250000. None of them, however, will be at that stage fit to do the jobs of offi cers in any of the three services. 1
L P.J. Greville, "Services should not be used for social experiments to satisfy feminists", Advertiser, 5 February, 1986.
Brigadier Greville no doubt referred to the forecast cost of the Academy of $63 million (in 1980 prices) used by Mr Killen in his ministerial statement of April 1980. See D J. Killen, The Case for the Australian Defence Force Academy (Canberra: Parliament of Australia, April1980), p 12.
The subsequent 1987 Annual Defence Academy Report stated that Stage One of the Defence Academy had been established at a cost of$146 million. SeeAustralianDefence ForceAcademyAnnualRepon 1987 (Canberra: ADFA, 1988), p 1.
Brigadier Greville was probably correct in suggesting that there had been a substantial cost overrun. Taking into account infla tion, the original $63 million forecast in 1980 should have resulted in a final cost of around $100 million. It appears, however, that the overrun was closer to 50 per cent, not 200 to 300 as suggested by the Brigadier. Nevertheless, the underestimation of the Academy's costs in 1980 assisted its proponents considerably in favouring the Academy option over other options considered. See Minutes ofEvidence Relating to the Proposed Construction ofa Defence Force Academy in the Australian Capital Territory (Canberra: Parliamentary Standing Committee on Public Works, 1979), pp 1437 fffor detailed cost estimates. -4-
What cannot be examined adequately at this stage is whether the graduates are per
forming well. Since its first graduates are only now reaching the rank of Captain(E) 1 , their performance at middle to senior rank levels has yet to be measured. It is also
beyond the scope of this paper to examine the impact of societal values, the differing education systems and the performance of recruiting organisations on the overall
performance of the Academy, although all have a role in the process.
A final limitation which inhibits the discussion of some issues associated with the formation of the Academy is the classified nature of several source documents.
While the information contained in these documents is not essential to the discussion,
its inclusion may have added to the depth of understanding. As it stands, only unclassi- fied information has been used in this paper.
The Academy represents a major mile-stone in the process of officer train
ing and education in Australia. Its tri-service nature, its unique history and structure
and its apparent inability to graduate much more than fifty per cent of its intake make
the study of the Academy an important activity for those concerned with the Australian
officer training and education process.
Raising Officer Education Standards
In 1986 the Australian Defence Force Academy (ADFA) received its first
intake of officer cadets by taking in a new group of first year recruits and second, third
and fourth year students from the existing single Service colleges. This new chapter in the history of officer training in Australia had been subjected to much scrutiny and
criticism from the start. Opposition had come from within the Services, from many
1. Throughout this paper Army ranks are used when dealing with the general rank structure. Unless stated other- wise, equivalent ranks from the other two services can be readily substituted. A Captain (E) is a Flight Ueutenant in the Air Force or a Lieutenant in the Navy. -5- university academic staff, from Members of Parliament and from the press. Support for the Academy concept came from within the Department of Defence, from several key political figures and some academics.
Most people involved in the debate had, however, agreed that it was desira ble to have a sizeable proportion of the officer corps educated to degree level. By the end of the 1950s, Governments, public servants, senior military officers from the three Services, academics and educational institutions and their administrators agreed that the Services needed officers with tertiary qualifications. Throughout the debate sur rounding the establishment of ADFA, the need for degree-level" education was never seriously questioned; the method of implementation on the other hand was hotly dis- puted.
This chapter will briefly trace the development of degree courses for the three Services from the first substantial moves by the Royal Australian Air Force
(RAAF) to cater for its technical training needs, to the acceptance by the Navy that it also needed a large number of officers with degrees and, perhaps more importantly, that this training could and should be conducted in Australia. The Services were the initial driving force to raise officer educational standards to degree-level and had pushed their respective ministers in this direction.
The RAAF Takes the Lead
The foundations of ADFA 1 can be traced back to the desire of the RAAF and the Army to have some of their officers equipped with a tertiary education. The
1944 Vasey Report and the Rowell Report of 1946 emphasised
L Throughout this paper the term ADFA refers to the Australian Defence Force Academy which, in accordance with the Agreement between the University of NSW and the Commonwealth of Australia (Section 3.1 ), consists of 'the military component ... and the College of the University of NSW.' -6-
the importance of matriculation as an entrance requirement and both firmly recommended a broad liberal education leading to a degree or part-credit for a degree 1
for staff cadets at the Royal Military College (RMC). The 1957 McLachlan Committee
had "recommended a degree course for the RAAF College" 2 on the basis that in
20 to 30 years time when the first graduates of this new scheme would be reach ing high rank[,] the Air Force will probably be primarily a "missile" Service ... The executive ... should have a very broad and advanced education ... a Bache lor of Science [course] should be aimed at in order to establish a widely recog nised standard which will encourage boys with the high academic aptitude and education which is desirable. 3
Following some delay, the Minister for Defence (Townley) 4 accepted the proposal to
conduct degree-level courses at the RAAF College. A formal agreement between the
RAAF and the University of Melbourne was concluded on 6 September 1960 resulting
in the conduct of Bachelor of Science courses at the RAAF College. 5
1. W.H. Smith, The Education of Officers: Academy or Universil)l (Canberra: Department of Government, RMC Duntroon, Apri\1974) pp 5ff.
Major General G.A Vasey was a former commander of Australia's 7th Division.
2. ibid, p6
3. From a progress report of the committee cited in Auscralian Defence Force Academy: Chronology of Considera- tions and Events Leading to the Establishment of the Ausrralian Defence Force Academy (Canberra: AD FA Archives 85/327 (1)), p 1. This document is (a now unclassified) collection of extracts from other, largely inaccessible materials. It was produced as part of a high-level brief and was originally classified 'Confidential' since it drew information from confidential source documents. The Chronology was originally provided by Mr L.V. Hume, Assistant Secretary, Department of Defence.It was subsequently updated by his Department. Originally produced as a brief by the Department of Defence for the Public Works Committee it was, according to Hume, ignored. Considering that it was mentioned by the PWC in its final report and in the House of Repre sentatives, provides sufficient evidence that the document was not ignored. It was subsequently updated to provide "a basis for better informed and less speculative articles in the future." (Hume in his Minute to the Commandant of ADFA 11/1; Historical and Reference Documents on ADFA Archives 85/327(1) dated 12July 1984, p 3). It will be referred to as the ADFA Chronology throughout this paper.
4. The Hon Athol Gordon Townley.
5. The first degree intake was No 14 Course which arrived on 28 January 1961. -7-
Army
In 1959 the Standing Committee on the Royal Military College Curriculum 1 recommended that
at the appropriate time a formal approach should be made to the Canberra University College 2 to negotiate credits for Arts and Science Degree Courses; the first two years of which would be done at RMC and the third and final year at Canberra University College ... similar approaches [should] be made to Sydney and Melbourne Universities. 3
The subsequent submission made by the Commandant of RMC to the Vice Chancellor of the Australian National University received only partial support from ANU. The course conducted by RMC was seen by the Vice Chancellor as "unacceptable ... in the belief that the Royal Military College Course would continue to be very heavily weight ed in favour of military subjects." 4 The reply suggested, however, that, provided the RMC course was altered to make it "more liberal on the civil side", 5 the "University
[would] approve an arrangement" 6 with RMC. The propos~d course would have involved two years of study at RMC followed by a year at ANU or a similar institution. 7
The Army experienced difficulties in following the RAAF towards degree level officer education.. The Department of Defence attempted to stall any progress towards RMC degree courses in the hope of establishing a tri-Service academy. At the
1. On the committee were the Commandant of RMC, representatives from the Universities of Sydney and Mel- bourne and the Australian National University, the Director of the Commonwealth Office of Education, two Army officers and a New Zealand Army officer.
2. Later to become a part of the Australian National University.
3. ADFA Chronolofff, p 5.
4. ADFA Chronolofff, op.ciL p 12.
5. ibid
6. ibid
7. A further year would be required for Engineering and some Diploma courses. -8- same time negotiations with ANU were largely unproductive, 1 resulting in several attempts to proceed without the assistance of another university. 2 A further complica tion emerged in 1963 when Prime Minister Menzies 3 became personally involved in the issue. Menzies appeared to consider RMC more as a potential tertiary educational institution than a military establishment and refused to make a decision on degree- granting courses for RMC until he had seen the report from the Committee on the Future of Tertiary Education in Australia. 4
Delays continued but on 5 April1966 the Minister for Defence (Fairhall) 5 in structed Mr Fraser, 6 then Minister for the Army, to begin negotiations with the Universi ty of New South Wales to obtain degree granting status for RMC. 7 On 6 April 1967 the Minister for Defence wrote to the Ministers for the Army and the Navy, "agreeing that they proceed to firm agreement with UNSW." 8 At the same time he instructed the two Ministers to "ensure that the final arrangements ... remain sufficiently flexible to ensure the achievement of ... an Armed Forces Academy." 9 To ensure that the tri
Service academy proposals remained active, he established the Martin Committee on
18 July 1967 to examine the concept of the Armed Forces Academy in some detail.
L SeeADFA Chronology, pp 18-19.
2. ibid, p 26.
3. The Right Honourable Robert Gordon Menzies, CH, QC.
4. This report was finally tabled on 25 March 1965 and had most of its recommendations rejected by the Govern· menta month later. See ADFA Chronology, pp 22 and 24.
5. The Hon Allen Fairhall.
6. The Right Honourable John Malcolm Fraser, CH.
7. ADFA Chronology, p 32.
8. ibid.
9. ibid -9-
Navy Develops Degree Courses
The Navy had traditionally relied on officers who had attained their matricu lation and it did not see the value of degree-level education except for a small number
of specialists, who were usually trained in Britain. By the 1960s, however, the Navy was changing this approach and started moves to bring its officer education into line with the other Services.
In 1962 the Royal Australian Naval College (RANC) Select Committee (the Weeden Committee) recommended that the Naval board give serious consideration to training (engineering) officers in Australia to degree or diploma standard followed by a year of equipment train ing in the United Kingdom; but also recommended that the best cadets should have an opportunity to undertake degree courses or courses of degree study at university level at the RAN College. 1
The Naval Board disagreed with the first recommendation but supported the second and established an Academic Standing Committee to advise the Naval board "on matters relating to academic courses at the College, and on such related matters as the
Board may refer." 2 This Standing Committee noted in its annual report that "it [is)
most desirable that all tertiary education for RAN officers ... be conducted in
Australia." 3 It went on to recommend that:
Engineering specialist officers be trained in Australia to degree or diploma standard, followed by a year of equipment training in the United Kingdom; [and] that Seamen and Supply specialists ... spend a second year of academic study at RANC and then be sent to the United Kingdom for the final year of professional training at Dartmouth. 4
L ibid, p 15.
2. ibid, pl6, 28 September 1962.
3. ibid, p 20.
4. ibid, p21. -10-
On 19 August 1964 the Naval Board "agreed in principle with the proposals, subject to consideration of detailed arrangements for their implementation." 1 The Minister for the Navy (Chaney) 2 requested approval from the Minister for Defence to implement the
Naval Board recommendations to conduct degree courses at the RAN C. He noted that the "proposal will bring the Navy to the level of the other two Services." 3 The Naval
Board proposal had inserted a year of fleet training after the first year of the course subject to review if "any adverse effects resulted from the year's break in [the] ... course." 4
Approval for informal discussions with the UNSW was obtained from the
Minister for Defence at the end of March 1966. The Minister for the Navy (Chipp) 5 requested approval to obtain a firm agreement with the UNSW on 21 December 1966 and, by 6 April of the following year, he had been given approval to do so under the same conditions which had applied to the Army. 6
Need for Degrees
In their endeavours to achieve degree-level education for officers, the Serv ices received encouragement from a number of key groups who supported these moves in principle even though their motives and favoured methods of implementation may
1. ibid.
2. The Hon Frederick Charles Chaney, AFC.
3. ibid, p 22.
4. ibid.
5. The Hon Donald Leslie Chipp.
6. ibid, p 33. -11- have differed greatly. Sir Arthur Tange succeeded Sir Henry Bland as the Secretary of the increasingly powerful Department of Defence in 1970. Smith points out that
Tange inherited from his predecessor ... a belief that the calibre of service officers involved in departmental decision-making left much to be desired. 1
Tange later went on to explain his vision of officer education to the Parliamentary Standing Committee on Public Works in 1978. He pointed out that Australia
needs more than advanced weapons and trained men. It needs independent thinking about Australia's defence policy and its developments and its force structure. 2 ·
Support from the academic community, particularly from those involved in strategic and defence issues was also strong. Dr R.J. O'Nei11 3 noted that "the tasks and responsibilities of the military profession [were] ... becoming more extreme and diffi cuW' in the post-Vietnam War period since "Australia [was] ... moving towards a de fence policy of greater self-reliance." 4 He went on to speculate that the
Australian Defence Force will have to educate its officers so that they can assimilate and understand the expanding body of professional knowledge and extend it through their own efforts ... The foundation of this development must be a sound education, oriented towards professional requirements and de signed to foster the essential values of the profession of arms .... The Australian
L H.W. Smith, "Educating the Guardians: The Politics of the Australian Defence Force Academy" in Politics, vol 19 no 1 (May 1984), p 28.
2. Parliament of the Commonwealth of Australia Minutes ofEvidence Relating to the Proposed Construction of a Defence Force Academy in the Australian Capital Territory (Canberra: Parliamentary Standing Committee on Public Works, 1979), p 1165 (9 August 1978).
The four volumes of evidence will be referred to as PWC throughout this paper. The Committee also produced a report:
Bungey, M.H. (Chairman) Repo11 Relating 10 the Proposed Construction of a Defence Force Academy in the Australian Capital TerriJory (Second Repo11 of1979) (Canberra: The Parliament of the Commonwealth of Australia Parliamentary Standing Committee on Public Works, 22 May 1979) referred to as the PWC Repon.
3. Dr O'Neill is a graduate of the Royal Military College and was then Head of the Strategic and Defence Studies Centre at ANU.
4. PWC, pp 1020-1. -12-
1 Defence Force needs an institution of University standard ... .
The Deputy Secretary of the Defence Department (Attwood) supported the above arguments and then added further support by quoting the Martin Committee Report:
Pressures similar to those that have led this community to place a growing emphasis on advanced education are evident also in the profession of arms ... To participate ... in the formulation and execution of national defence and security policies ... they [officers] must have an educated understanding of the political and governmental systems, history, and economics of their own and other countries, and of international relations. 2
The Government's support was no less positive. In reply to an enquiry from the Minister for Defence (Paltridge) 3 who stated that he had "reservations about the need for education to degree level in Arts and Humanities" 4 , the Minister for the
Army explained Army's requirement for such degrees:
I believe the education of non-technical officers to be extremely important ... A significantly greater proportion of the higher commanders and staff officers will emerge from this group of non-technical officers ... The military commander of today has to be able to negotiate with diplomats, representatives of foreign Governments, civil leaders, and so on, most of whom are highly qualified in their fields ... He must possess a well-trained, flexible mind ...
[this] has been the subject of a great deal of thought, study and research, not only in this country but in the USA, Canad~ and Great Britain ... In Australia, the Vasey Commjttee 1944/45, the Rowell Committee 1948/49 and the Wade-Copeland Committee 1959/60 unanimously recommended that the Royal Military College Curriculum should provide for education to degree level. 7 ·
1. PWC, pp 1021 -2.
2. PWC, pp 9-10.
3. Senator the Hon Shane Dunne Paltridge.
4. ADFA Chronology, p 28
5. Lieutenant General S.F. Rowell was the Vice Chief of the General Staff.
6. Major General R.E. Wade was the Adjutant GeneraL
7. ADFA Chronology, pp 28-29. -13-
Later Mr Killen 1 highlighted similar arguments when he told the House of Representa- tives that it
is essential that our Defence Force is intellectualli' equipped to meet the chal lenges of the future to the security of this nation.
Similar Standards for the Services
Led by the RAAF's desire to have officers capable of handling the demands of future technology, all three Services had, by 1967, moved towards full degree status for their College-trained officers. The position ten years earlier had been quite differ ent with each of the Services having vastly different entry and graduation standards.
The 1959 report of the Services Integration Committee had noted the following diversi- ty:
Educational Standards 3
College Entrance Graduation
RANC Intermediate Matriculation Matriculation Matriculation
RMC Victorian School Leaving or Approximately between equivalent Part I University and Part II
RAAF College Matriculation Approximately Part II University (Science only)
On that basis the Committee had concluded that 11 integration of the three colleges on
1. The Hon David James Killen.
2. Hansard, House of Representatives, 12 April1978, p 1471.
3. ADFA Chronolo~, p 3. -14- the basis of the existing academic levels [was] ... not practicable." 1 By the end of the following decade, this was no longer the case as all three Services had established a requirement for degree-level training and education for its officers, a situation which had been noted and supported by the Department of Defence and its ministers.
1. ibid. -15-
Chapter 2
The Tri-Service Academy
... the continued independent existence and development of three separate cadet colleges is difficult to support, having regard to the relatively small number of students involved. - Martin Committee 1
From the end of the Second World War, the Department of Defence began to grow in power and influence over the three Service Departments (Navy, Army and Air). The Department moved to centralise what "it perceived to be common functions under its umbrella: this included officer education. The Services (and their Depart ments and Ministers) resisted these moves, especially when the right to control the training and education of their officers in their own way was questioned. Much effort went into defeating the initial moves in the 1950s to combine officer training in one institution which could have been largely beyond the control of the Services. Each Service argued that its training requirements differed greatly from those of the other
Services and that there were few common elements. This conflict between the Service
Departments and the Department of Defence did much to delay the establishment of degree-level education in the Service Colleges as well as delaying the establishment of a tri-Service academy.
Until the late 1950s the agenda for improving officer education had been largely set by the Services. Having established the need for degree-level education for its officers; however, the Services were to find that other interest groups began to assert
1. Sir L.H. Martin (Chairman); Repon by the Tertiary Education (Services' Cadet Colleges) Committee (Canberra: Department of Defence, 1970), p 57. This report is generally referred to as theManin Committee Repon. -16-
an increasing influence on the development process; an influence which was to result in the Services losing a great deal of control over the issue of officer education as it
became public, political property. Increasingly, other Government Departments (in particular Education and Urban and Regional Development) were to assert their influ- ence on what was no longer perceived to be an in-house military issue.
Centralising Officer Education: Initial Defeat
The 1957 RAAF proposal to conduct degree level training at the RAAF College resulted in the Minister for Defence (McBride) 1 countering with the reminder
that the Government's policy was to develop "common services (including education) and greater integration wherever ... possible." 2 Consequently the concept of an expanded RAAF College, offering degree courses, "could not be adopted for one Serv
ice without full examination of the principles that it raises in relation to officer training for the three Services." 3 The Minister for Air (Osborne) 4 replied to the Defence Minis ter (2 October 1958), pointing out that his proposal did "not exclude the possibility that
at some time in the future we ... may put our cadets for all three Services through the
same training." 5 The Defence Minister (now Townley) responded four months later,
indicating that the matter would be referred to the Defence Administration Committee
and that the Minister for Air "should take no action to develop the RAAF College to
undertake the degree course ... " 6 The Defence Administration Committee met on 2
March 1959 and established the Services' Integration Committee "as a full-time Sub
1. The Hon Sir Philip Albert Martin McBride, KCMG.
2. ADFA Chronology, p 2.
3. ibid.
4. The Hon Frederick Meares Osborne, DSC.
5. ADFA Chronology, p 2.
6. ibid. The Defence Administration Committee (DAC) consisted of the Secretaries of Defence, Navy, Army, Air, Supply and Treasury and the three Chiefs of Staff. -17-
Committee ... to undertake investigations ... initially in four fields including cadet train ing." 1 These investigations began in May 1959 and concluded in August of that year with an interim report commenting that "integration of the three colleges on the basis of the existing academic levels is impracticable." 2 It went on, however, to note that
"there is a growing awareness in a number of countries of the urgent need for a higher level of education for ... officers" and that "a tri Service cadet establishment in
Australia ... would need to provide courses of a level equivalent to Australian baccalau reate and diploma standards." 3 The report concluded that "integration ... [was] most desirable and would undoubtedly lead to a more satisfactory and efficient unified defence thinking in ... future. 11 4
The final report, released three months later (November 1959), concluded that "the advantages of integration are not so great as to justify jeopardising any of the
Services' essential cadet training requirements." 5 The ability to integrate the existing military curricula was limited and the expenditure involved in relocating the existing colleges were seen as "so immense as to render such a proposition completely imprac ticable." 6 The Chairman of the committee submitted a dissenting view which recom- mended the establishment of a tri-Service institution at Point Cook. His dissent was based on placing much more weight on "the desirability of maximum integration be tween the Services," which he noted was Government policy. 7 He also assumed that
1. ibid, p3. The SIC consisted of the First Assistant Secretary (C) from Defence, the Director(O&M) from De- fence and three Service officers (Commander, Colonel and Group Captain).
2. ibid.
3. ibid, p 4.
4. ibid, p 4_
5. ibid, p 5.
6. ibid, p 6.
7. ibid, p 7. -18- the Services would be unified at some time in the future 1 and that a tri-Service academy "would provide a ready and necessary foundation." 2 More importantly, it appeared to him that the RAN's move to conduct more of its degree-level training in Australia for more of its officers, would remove some of the differences between Serv ice education requirements. It was not surprising that the committee, with its three
Service officers, rejected the chairman's dissenting views, particularly those suggesting a Canadian-style unified defence force. The report was forwarded to the Minister for
Defence who wrote to his Service ministers noting that all three Services agree, in principle, on the desirability of integration of cadet colleges ... [and that] there appears to be quite a high proportion of academic study in the courses which might well be undertaken at some common location. 3
The three Service ministers met with Defence Minister Townley on 16
February 1960 for lengthy discussions. On 22 February Townley notified the Secretary of his department that
after a lengthy and detailed discussion, I am persuaded that benefits arising from integration would be more than offset by the disadvantages accruing. I feel, therefore, somewhat reluctantly, that the status quo must be accepted. 4
The value of the Service ministers in protecting the interests of their own Services was clearly demonstrated on this occasion. The Service ministers provided a direct link to
Cabinet and the Prime Minister while their departments had the resources to conduct studies and research which could be used to good effect in inter-departmental debates.
It was a lesson probably not lost on the members of the Department of Defence which, for the time being, was forced to concede defeat.
1. ibid.
2. ibid.
3. ibid, pp 8 ff. 13 January 1960.
4. ibid, p 9. -19-
Having abandoned the notion of a tri-Service Academy for the time being, the RAAF was given approval to conclude a formal agreement with the University of Melbourne on 6 September 1960. The move towards integration of the three Services reached a low point on 10 May 1961 with the disbandment of the Services' Integration Committee 1 and the Army and Navy's move to follow the RAAF lead towards estab lishing degree-level courses at their own colleges.
Growing.Momentum The Army's 1961 proposal to establish degree-level education at RMC drew critical comment from the Minister of Defence who noted: the approach which is now being made to the question of the RMC curric ulum is a complete reversal of that whic1i was put forward as firm Army policy during the study on integration of cadet colleges in 1959/60. You will, no doubt, recall that the Army view then presented was that the military content of the cadet course was already at a minimum and could not be reduced to allow for a degree course to be undertaken over a four year period. In any case, it was stated that a lower standard of academic qualification was also essential in order to retain for the Army those cadets who could complete the military syllabus, but not a full degree course. This was not acceptable to the Air Force in any joint training scheme. These were among the important factors which influenced my decision at the time that the Service Cadet Colleges should not be integrated. 2
The Minister for the Army had not replied to the criticism by 26 November 1962. Following a request from the Department of Defence, he relayed his unwillingness to reply before he had received the findings of the Military Board's consideration of the
Standing Committee on the RMC Curriculum's report. The Military Board endorse ment of the Standing Committee's recommendations occurred on 7 December 1962. It
1. ibid, p 11.
2. ibid, pp 13-14 (emphasis added).
In addition, the Defence Minister sent a copy of his advice to the Prime Minister and suggested training Army's science students at RAAF College and training other Services' officer cadets at RMC, Duntroon. -20- took until 29 May 1963 for the Minister for the Army to reply to the Prime Minister. 1 The vehicle used was a request for approval to pursue a formal agreement between
ANU and RMC to allow RMC to offer Arts and Science degree courses. 2 In the same letter the Minister for Defence received the following explanation to the criticism aired eighteen months earlier :
our discussions and further considerations ... suggest:
a. that more military work could be done during 'academic' university years and vacations than we had previously thought would be accepted by any University; and
b. that the balance of military instruction ... could be met ... at Army schools to follow immediately on graduation from the Royal Military College. 3
The issue of Army's cadets attending the RAAF College to study science courses would be "kept in mind" and the possibility of "providing degree courses at RMC for other
Services [would] be kept in view." 4
Other influences, outside Defence, now started to emerge as major factors affecting the development of the academy concept. Menzies, displaying more interest in the Academy as a tertiary institution than as a military establishment, delayed any final decision until he had seen the Report of the Committee on the Future of Tertiary
Education. 5 In his letter to the Minister for the Navy (Chaney), Menzies advised that
1. This by-passing of the Defence Minister must be seen in the context of Menzies' personal interest in tertiary education issues.
2. ibid, p 17.
3. ibid, pp 17-18.
4. ibid.
5. Tabled in Parliament 25 March 1965. -21-
this matter has been discussed with Sir Leslie Martin of the Universities Commission, who is also Chairman of the Tertiary Education Committee. His comments ... indicate in a general way that the most effective approach ... is for the three Services to send undergraduate personnel to a sin.ple university or to establish such a university type institution for this purpose.
The Minister for Defence established a committee within his department to "consider the detail of proposals submitted by the Ministers for the Army and Navy, examining all possible avenues of rationalisation." 2 While the Service ministers were notified of the establishment of the committee, the Services had no input into the committee's delib erations. 3 The committee reported on 4 June 1965 that "it is considered that there is a good prospect of obtaining at least partial integration of the cadet colleges." 4
Rationalisation The long-awaited report of the Committee on the Future of Tertiary Educa tion recommended the creation of a Commonwealth Institute of Colleges, with mem bership extended to RMC and the Royal Australian Naval College. This was rejected by the Government on 28 Apri11965. 5 Pressure for the tri-Service Academy contin ued to mount, particularly from within the Department of Defence. The Acting Secre tary of the Department briefed his Minister on 6 September 1965, pointing out that developments since ... [1960] whereby both Navy and Army are pressing for degree status for their officer cadets ... highlight the need for some rationalisa tion of the individual Se~ce proposals in the direction of, at least, planning for a joint Service Academy.
1. Letter dated 10 December 1964, cited inADFA Chronology, pp 22-23.
2. ibid, p 23. 16 December 1964.
3. The committee consisted of the Assistant Secretary (Management Services), Assistant Secretary (Manning), Inspector (O&M) and an Administrative Assistant (Manning). It was to obtain advice from the Director of Commonwealth Education.
4. ADFA Chronology, p 23.
5. ibid, p 24.
6. ibid, p 27. -22-
The Minister for Defence (Paltridge) notified the Service ministers of his interest in rationalising this aspect of training by establishing an Armed Forces Academy "to serve
the needs of the three Services ... " I A few days later Forbes 2 (Minister for the Army) replied favourably:
Not only did I as a private member, consistently advocate the establishment of such an institution, but the Army has strongly supported the proposal on every occasion it has been raised ... Such an Academy is essential for the training of those Service officers who in due course rise to the more senior ranks and ... participate in the formulation and execution of national defence and security policies ... 3
The Minister for Air (Howson) 4 recommended that the RAAF College affiliation be used as a "logical basis on which to develop an integrated Academy" 5 while Mr Chaney (Minister for the Navy) guaranteed "the complete support of the Navy" for the
concept. He did, however, note that he did not support the Defence Minister's view that "it [would] ... be necessary to restrict development towards tertiary status for the
Colleges" 6 in the meantime. This unusual concurrence resulted in a meeting of the
Ministers on 17 November 1965 where it was agreed that their "long term objective
[was] ... the establishment of an Armed Forces Academy which [would] ... operate with
separate wings at Duntroon and Point Cook with a headquarters at Duntroon." 7
The apparent unity of opinion amongst the four ministers lasted twelve days
until the contentious issue of location emerged. Mr Chaney, following advice from his
1. ibid, p 27.
2. The Hon Alexander James Forbes, MC.
3. ADFA Chronology, p 28.
4. The Hon Peter Howson.
5. ADFA Chronology, p 29.
6. ibid. 10 November 1965.
7. ibid, p 30. Those attending were the ministers for the Navy, Army and Air and the Acting Minister for Defence (Hulme). -23-
Naval Board, queried the desirability of "perpetuating a division of the Academy between Duntroon and Point Cook." 1 He went on to emphasise that Naval students should "all be trained at Duntroon rather than some at Duntroon and some at Point
Cook." 2 The Navy's views on this issue appear to have been largely ignored unti11967, when the Martin Committee requested and received approval to vary its terms of refer ence, allowing it to abandon the concept of one Academy on two campuses.
Long Term Plans - Interim Solutions Negotiations with universities began in earnest in 1966. The Minister-in charge of Commonwealth Activities (Gorton) 3 stated that he was
not in favour of approaching the Australian National University ... Recent informal discussions ... between my officers and ... the University have confirmed that (ANU is not interested) ... I would favour negotiations with the University of New South Wales on behalf of each College. 4
Little information to explain the AND's lack of interest is available today. It may be reasonable to assume that ANU and RMC could not agree on the proportion of mili tary training acceptable to both in any new course. 5 The Services' requirements for
1. ibid, p 31.
2. ibid.
3. Senator the Hon John Grey Gorton.
4. ADFA Chronology, p 31 (emphasis added). The details of the informal discussions are not available but it ap· pears that ANU continued to object to the mix of military and academic training. See ADFA Chronology, pp 18-19.
5. Some clarification is offered by Gerald Walsh, Senior Lecturer, who in examining this sub-thesis cited the following reasons for an unsuccessful ANU!RMC bond:
a. ANU, at the time was 'very much an elitist institution', having originated as a purely post-graduate institute;
b. RMC 'had a very poor reputation socially and academically',
c. UNSW originated as a university of technology without an Arts faculty and was looking for ways to 'improve its position in the Australian academic community'; -24-
technical courses (engineering in particular) would have been difficult to meet, given
the lack of such courses at ANU. As a result, the Minister for the Navy (Chaney) was instructed by the Defence Minister (Fairhall) to proceed independently with "prelimi nary negotiations with UNSW." A few days later Malcolm Fraser (Minister for the
Army) was given a similar directive. 1 It took another year before the Minister for
Defence finally agreed that Army and Navy could go ahead and negotiate a firm agree ment. At the same time he announced the formation of the Martin Committee and
reminded the Service ministers to remain sufficiently flexible "to ensure the achieve
ment of ... an Armed Forces Academy.~~ 2 He indicated that he would "appoint a competent committee to lay down the requirements and develop a broad
curriculum." 3 Continuing the trend of increasing the influence of non-Defence per- sonnel, a formal invitation to the Minister for Education and Science to nominate representatives to this committee was issued on 29 June 1967, resulting in the nomina-
tion of Sir Hugh Ennor. Tills cleared the way for the public announcement by Defence
Minister Fairhall on 18 July 1967 of the Martin Committee and its terms of
reference. 4
... Continued ...
d. unlike ANU, UNSW had much experience with university colleges at Broken Hill, Newcastle and Wollongong;
e. UNSW had 'a desire to get a foothold in Canberra with access to the Commonwealth government. It achieved its goal of empire building admirably.'
This note was added for the purpose of providing a more complete picture and I am grateful for Dr Walsh's advice on this matter.
L ibid. 5 April 1966.
2. ibid, p 33.
3. The ministers were notified on 6 April1967. The Minister for Education and Science was notified on 18 April and agreed to 'associate his department with the proposed Committee' at the end of May. See ibid, p 33.
4. ibid, p 34. The original committee consisted of Sir Leslie Martin (Chairman), General Sir John Wilton (Chair- man, Chiefs of Staff Committee) and Sir Hugh Ennor. -25-
The report by the Martin Committee was to form the basis for much gov ernment decision-making. Its recommendations would be used some ten years later as the justification for much of the Defence Academy proposal, including the justification for the Defence Academy's establishment. It may be pertinent to note at this stage, that the Martin Committee was not asked to determine whether a Defence Academy should exist. The preamble to the terms of reference clearly points out that
there will be established an armed forces academy which will operate with separate wings at Duntroon and Point Cook, but with its headquarters at Duntroon. 1
In addition, Sir Leslie Martin was a well-known supporter of the centralised academy concept 2 which, when coupled with the restrictive terms of reference, made the broad findings of the enquiry predictable. Barely three months after his appointment as the
Cha~an of the committee, Sir Leslie Martin took up an appointment as Dean of the Faculty of Military Studies at RMC 3 but remained Chairman of the Committee. Short ly after he assumed the duties of Dean at RMC, Sir Leslie requested approval from the Minister of Defence to vary the terms of reference to allow the committee to examine locating the whole of the new academy at Duntroon, rather than the split-campus proposed as early as 1965 and written into the original terms of reference. Fairhall agreed:
I believe it would be a long term mistake to divide the Academy for the sake of short term economy or convenience ... I have discussed these matters with the Minister for Air (Howson) who concurs. 4
1. Repon by the Teniary Education (Services' Cadet Colleges) Committee (Canberra: Department of Defence, January 1970) pp 3 ff details the terms of reference.
2. Sir Robert Menzies acknowledged this in his letter of 10 December 1964 to the Minister for the Navy.ADFA Chronology, pp 22-23.
3. 2 October, l967.ADFA Chronology, p 34.
4. ibid, p 34. See also Repon by the Teniary Education (Services' Cadet Colleges) Committee, p 4 which notes that "the amendments approved by the Minister to the terms of reference ... included the following:
a. amendment of the preamble to indicate that there will be established an armed forces academy which will operate at Duntroon ..." -26-
Three new, non-military members were added to the Martin Committee in 1968. These
were Mr Blakers from the Department of Defence and Professors Russell and Par
tridge from ANU, further diluting the influence of the Services. The final copy of the
Martin Committee Report did not reach the Minister for Defence until27 January
1970, more than two years after the establishment of the Committee. 1 The Defence
(Administration) Committee endorsed the Martin Committee Report "with minor
qualifications" 2 on 25 February of the same year. The matter appeared settled when
1. The recipient was Mr Fraser who had taken over from Fairhall. At the same time new Service ministers were appointed: Navy- Killen, Army- Peacock and Air- Drake-Brockman (12 November 1969).
Of the 53 recommendations and conclusions the following were the mos(Significant:
"1. Our Committee was not given the task of considering whether one tri-Service academy should replace the existing Service Colleges. That objective had already been agreed between the Service Ministers and the Minister for Defence... "
3. .... nothing emerged from our deliberations that is inconsistent with the original concept on which the Ministers were agreed. On both educational and economic grounds we are convinced that there is justifica tion for one academy in place of three separate small Colleges ...
5(2) No university now provides the kind of courses in science, technology, the social sciences, and the humanities, that are best suited to the education of officer cadets...
5(5) The primary aim of the academy should be to provide, for officer cadets of the armed forces, a balanced and liberal education at tertiary level in the social sciences, the humanities, the physical sciences and engineering...
5(37) The academy should be established by legtslation .... its costs should be borne by the Defence vote ...
5(53) ... we stress the fact that the purpose of the academy is to produce officers for the Armed Forces and the great importance we attach to taking all possible measures to motivate young officers towards their Service careers. In these matters it will be essential that the academy achieves results at least equal to those achieved through the existing system of separate Cadet Colleges." see Repon by the Tertiary Education (Services' Cadet Colleges) Committee, op.cit., pp 56-65.
2. ibid, p 35. The Committee consisted of the following:
Secretary, Department of Defence (Bland)
Chairman, Chiefs of Staff Committee (Wilton)
Permanent Heads of the Departments of the Navy, Army and Air (Landau, White and Cooley) -27-
the three Service rnmisters and the Minister of Defence tabled a joint submission at the Cabinet meeting on 14 October 1970. The submission proposed the establishment of a tri-service Academy in line with the recommendations of the Martin Committee Re- port.
Unexpected Opposition
Both the Prime Minister (now Gorton) and the Minister for Foreign Affairs (McMahon) 1 opposed the submission and had it deferred "until the matter [could be]. .. further elaborated." 2 The political turbulence of early 1971 resulted in the resig
nation of Mr Fraser (Defence) and the replacement of Gorton as Prime Minister and Liberal Party leader by McMahon. Gorton became Minister of Defence in the upheav al, leaving the two most determined opponents of the academy proposal as Prime Minister and Minister for Defence from 10 March 1971. Matters were not helped much when Fairbairn 3 replaced Gorton as Minister for Defence (13 August 1971). He had been an open opponent of the academy proposal, prompting Sir Arthur Tange, as Permanent Head of the Department of Defence to write:
I understand that you have expressed yourself as being opposed to the concept of a Tri-Service Academy ... once the FYRP [is] launched with Ministers [mid June] it will be then time for other matters to be pursued. The Tri-Service Academy is one of them. 4
Sir Arthur's efforts in dissuading the Minister from making a final (negative)
decision were rewarded in May 1972. A meeting of the Service ministers and the Minis
ter for Defence and their respective Permanent Heads of Department resolved to
... Continued ...
Chiefs of Staff of the Navy, Army and Air Force (Smith, Day, Hannah)
Treasury Representative (Daniel)
1. The Right Honourable William McMahon, CH.
2. ADFA Chronology, p 36.
3. The Hon David Eric Fairbairn, DFC.
4. ADFA Chronology, p 35. -28-
"examine the full implications of the proposal." 1 Ajoint Steering Committee"... to produce and analyse all data required for ... a comprehensive report [to] the Defence
(Administration) Committee early in 1973 so that a further Submission [could be made to] Cabinet" 2 was established in August 1972. The process was interrupted by the 1972 election which returned the Whitlam Labor Government. 3 The interruption was, however, short-lived and new Defence Minister Lance Herbert Barnard quickly en- dorsed the proposal in principle. The proposal from the Defence (Administration) Committee was ready for submission to Cabinet on 23 August 1973. In the meantime, one of the potential obstacles, the Service Departments, had ceased to exist in all but name. The appointment of Barnard as Minister of Defence and Minister for the Navy, Army and Air at the same time, effectively disestablished the single Service Depart- ments. This left the Defence Department in a good position to rationalise common functions. Service officers were in no position to publicly oppose stated Government· policy and now had no friendly Department, and Ministers, to work through.
With support from the Minister, the Academy's proponents could have expected a reasonably quick resolution. To ensure the proposal's compliance with the proposed Environment Protection (Impact of Proposals) Act, an Environmental
Impact Statement was prepared and a draft was sent to the Department of Urban and
Regional Development for comment in late 1973.
The Decision
The Department of Urban and Regional Development now became a par ticipant in the decision-making process. Taking into consideration its own plans to
1. ibid, p 37.
2. ibid, p 37.
3. 2 December 1972. Mr Barnard was appointed as Minister for Defence, Minister for the Navy, Minister for the Army and Minister for Air concurrently. -29- establish viable regional urban centres, its reaction provided some cause for concern to Defence since "their attitude [appeared] ... to be that the Academy should be built in
Albury-Wodonga," 1 one of the designated regional growth areas. Despite this poten tial opposition from Mr Uren's 2 department, Barnard pushed ahead and recommended to Cabinet that it "approve in principle the establishment by legislation of an Australian
Defence Force Academy on a new site in the Duntroon area". 3 Cabinet approval was forthcoming on 18 March 1974 and was followed by a press release on 19 March announcing "long range plans to centralise the professional military training of Army officers ... in a new training establishment at Duntroon ... [and) ... to establish an Aus tralian Defence Force Academy." 4 On 9 April1975 Sir Henry Basten accepted Bar nard's invitation to become the Chairman of the ADFA Development Council which met for the first time on 22 July 1975 5 when ~u~h effort was spent on the preparation of a draft Bill to "establish the Academy an autonomous degree-granting institution." 6
The proposed institution would be degree-granting but was not, at the time, called a university. In the meantime, however, all three Services were providing univer, sity-level education and most academic staff involved in this process were university staff. Five years after the release of the Martin Committee Report the decision to proceed with the Academy had finally been made by the Government. The decision had, however, been based on little more than departmental advice, a desire to centra lise functions which were seen to be common for all Services, and the Martin Commit-
L ibid, p 39.
2. The Hon Thomas Uren.
3. ADFA Chronology, p 39 (December 1973). This was followed by a formal Cabinet submission (Number 910) dated February 1974.
4. ibid
5. ibid, p 40. The terms of reference had been issued on 6 May 1975 by the Minister for Defence.
6. ibid -30- tee report. At no stage had a major study been conducted by the Department of De fence or the Government into the best ways of providing for the education and training of officers in Australia, a shortcoming which was to haunt the project until the end of the decade and almost resulted in its total abandonment. -31-
Chapter 3
The Armed Forces University
Casey University- Australian Defence Force Academy- spells out that the new institution will be both a university and a military academy. In its function the Academy will be an independent university in its own right, ... as a military academy it will be required to sustain an environment appropriate to the induc tion of cadets ...
D.J. Killen Defence Minister 1
A subtle change to the Labor Government's proposal to establish a degree granting institution occurred after the Fraser Government took office. The decision to call the institution Casey University was to draw intense criticism from existing universi- ties. In addition, the now powerful Department of Education, the Tertiary Education Commission and a number of prominent academics joined the critics. It was a divisive issue which almost resulted in the total abandonment of the academy project. The
Services, resigned to the fact that the Academy was to be established, could not support a proposal which would result in a perceived lowering of the standards they had worked hard to achieve. All now offered university level education and none were prepared to reduce this level in the new academy. The Government had committed itself to the project and did not wish to lose face by retreating from its position. The
Universities, on the other hand, were most concerned at the prospect of having an insti tution which would be called a university, controlled and funded by the Department of
Defence and populated by military students. The Department of Education eagerly supported this view, noting that a tertiary institution outside its direct control would be unacceptable. They found a surprising ally in the Labor opposition which claimed that
1. Hansard, House ofRepresentatives, 12 April1978, p 1469. -32- they had never supported university status. 1
The Department of Education opposed the title University. Its view was that "the Academy should have the status only of a College of Advanced Education." 2 The original cabinet decision to commence drafting the legislation omitted the words "as an autonomous university". 3 The decision was made public on 20 October 1976. One month later the Minister of Defence won approval from cabinet to have the Academy established "as an autonomous university", reversing the original decision to downgrade its status. 4 The Department of Education maintained its pressure, and with support from the Tertiary Education Commission, managed to have the matter referred to an interdepartmental committee (Defence, Education and Finance) on 31 May 1977. 5
The matter was resolved at Cabinet level on 12 July 1977 when approval was given to proceed with the project, including the name Casey University. The matter of the pro posed works was formally referred to the Public Works Committee by the Minister for
Construction on 16 March 1978 and the Draft Bill was introduced by the Minister for
Defence in the House of Representatives on 12 April1978. The Public Works Commit tee commenced its hearings on 28 April1978. The first intake was planned for January
1982. 6
1. H. Smith, "Educating the Guardians: The Politics of the Australian Defence Force Academy'', Politics, pp 28ff.
2. ADFA Chronology, p 41.
3. ibid, p 41.
4. ibid. There was a clear perception at the time that university education was very different from, if not superior to, that provided by other tertiary institutions in Australia. See Professor Karmel's evidence (on behalf of the TEC) to the Public Works Committee. PWC, pp 921 ff.
5. ibid, p 42.
6. Read Admiral Dovers, Chief Project Officer, Development Council, Australian Defence Force Academy in PWC,p61. -33-
Public Hearings The debate intensified during the hearings conducted by the Public Works Committee. Fifty witnesses appeared before the Committee, which sat from 28 April 1978 to its last day of evidence on 26 March 1979. Many of the witnesses were recalled to add to their evidence, while, in the background, the Department of Defence and the ADFA Development Council were kept busy providing the research required to answer the probing questions of the Public Works Committee. Three major stumbling blocks appeared at these hearings. The first was continued opposition from the Department of Education, the Australian Vice Chancellors Committee and the Tertiary Education Commission to the granting of university status to the Academy. Secondly, a great deal of dissent emerged from within the Armed Forces regarding the concept of a tri-Service Academy. Thirdly, the amount to be spent on the-project and the accuracy of the proposed castings became the target of considerable critique. All of this was probably unclear to Mr Attwood, Deputy Secretary of the Department of Defence, when he , as the first witness to appear before the Public Works Committee, began his evidence on
28 April 1978. The Committee had obviously prepared well for its enquiries and may have received considerable information from the Department of Education and other interest groups. In addition, the debate had been well publicised in the press. 1 The result was that the Committee became increasingly critical of what it perceived to be an ill-prepared Defence Department submission.
University Status
The first major point of contention was that associated with the status of the institution. In the 1970s only a few institutions were called universities and that position was jealously guarded by organisations such as the Australian Vice Chancellors'
Committee (AVCC). The Services, on the other hand, had worked hard to achieve university-level education for its officer cadets trained in the single-Service colleges. A
1. See for instance The Canberra Times, editorial, 12 May 1978. -34-
lowering of this standard at the new academy would have been unacceptable since, it was argued, only a university would be able to attract the highest quality staff.
By 1967 the RAAF had established its Bachelor of Science degree courses in conjunction with the University of Melbourne and the Army had concluded its interim ten year agreement with the University of New South Wales to establish degree level studies at Duntroon by way of the Faculty of Military Studies. The Navy had made
arrangements to have univers~ty level studies included in their Jervis Bay (RAN Col lege) courses in conjunction with the University of NSW. 1 It was, perhaps, understand able that the Services, which had spent many years to gain the university degree level education for its officers, were keen not to take ~hat seemed to be a retrograde step by accepting a lower level of education as suggested by the Tertiary Education Commis sion in December 1975. Similarly, the three Services were keen to integrate the degree education with basic officer training and education by conducting the degree training in
11 2 "a truly military environment • This ruled out the option of sending its officer cadets to civilian universities. The Navy was the strongest critic of this option, having had several years of experience with students only being under military supervision for one year of their three year degree course. As Vice Admiral Synnot noted:
We found that was not very satisfactory because they [the officer cadets] lost motivation and they did not study very well and they ended up being unsatisfac tory from both a military and an academic point of view. We then brought the second year students to live at HMAS 'Watson' where they would get some Service supervision to see they worked at night for instance, and to give them more motivation, more feeling of belonging to the Navy. It has certainly been better since then, but is still a rather hand-to-mouth arrangement. 3
1. This arrangement was a little untidy since the students would be studying their first year at the College, their second year at the University while living at HMAS WATSON and their third year at the University while living anywhere they wished or could be accommodated.
2. Rear Admiral Dovers in PWC, p 38.
3. PWC,p1120. -35-
Opposing the granting of the University status were several universities 1 which pointed out that "the formulation of an Act of the Australian Parliament cannot create a genuine university education in a Defence Academy" 2 and that "the academ ic courses to be provided are already available in other academic institutions and [that] their duplication .... is difficult to justify." 3 Professor Karmel, Chairman of the Tertiary
Education Commission, joined the criticism, noting that 1'the Commission really is concerned that the institution should be called a University ... [and that] ... the Commis- sian finds some difficulty in there being an institution which is outside its area of re sponsibilities". 4 The Australian Vice Chancellors' Committee (AVCC) had been press ing the Government for more direct involvement in the process since 1977. In a letter to the Minister for Defence (Killen) the A VCC stated that it was "increasingly urgent that detailed information should be made available td-it since there [were] ... a number of issues ... that are of considerable significance for universities and the A VCC." 5 The
AVCC lobbied both the Minister for Education (Senator Carrick) 6 and the Minister for
Defence continually, to the annoyance of the Permanent Head of the Department of
Defence (Tange) who noted in his Minute to the Minister (10 October 1977) the
"element of impertinence in the resolution of the Vice-Chancellors' Committee". He explained that there was "no inherent reason why the Vice-Chancellors' Committee should have been asked to offer advice as to whether the Cabinet should decide to establish a Defence Forces Academy as an autonomous university." He further advised the Minister to "reject the explicit assumption that the Vice-Chancellors of institutions
1. Most notably the University of Tasmania and the University of Adelaide, both of which made submissions to the PWC. ~ J7WC pp TlA [{.
2. University of Adelaide in PWC p 727. (Emphasis added).
3. University of Tasmania, PWC, p 723.
4. PWC, p921.
5. Letter written by F.S. Hambly, Secretary of the A vee, FSH!rw dated 22 September 1977 to Minister for Defence Killen.
6. Senator the Hon John Leslie Carrick. -36- which have been set up, in many cases, by State legislation ... , should have an advisory role in respect of the exercise of this Commonwealth power." 1 Relations did not improve and in 1979 the A VCC released the following to the press:
the Executive of the A VCC discussed the announcement by the Minister that the Government had decided to go ahead with the establishment of the Academy... but [that] the AVCC as a group had not been consulted ... and that the Executive renewed the Committee's offer to consult with the government over some of the broader educational issues involved in the education of serv ice officers and the establishment of the Academy. 2
Professor Karmel was emphatic that the proper military objectives of the Academy are not objectives which are really consistent with the objectives of what we know as universities in Austra lia. It is a very special kind of institution in that it has a particular job to do training military officers and is selecting its students from that group of people who wish to become military officers and who are being paid stipends while they are being trained.... the [Tertiary Ea.ucation] Commission has a responsi bility for tertiary education in Australia which includes ... universities and another list of institutions which are called colleges of advanced education.... I think the Commission finds some difficulty in there being an institution which is outside its area of responsibilities. For example, there may be very good rea sons for having an engineering school at ADFA ... but the Commission would certainly not be supporting another professional engineering school in Austra lia. There is already clearly an excess of engineering schools. 3
Others supported the university status strongly. Most notable amongst these groups were the Services, which had worked long and hard to overcome difficulties to finally establish university degree level studies in their single-Service colleges and could see no reason for surrendering these gains. The second major group to support the university status came from within the Department of Defence. Sir Arthur Tange hit out at the Tertiary Education Commission when he restated that the purpose of the
Academy
1. Minute dated 10 October on AD FA Archives 85184(1 ).
In Tange's view the issue had now become one of Commonwealth power. He was no doubt annoyed that the State instrumentalities (universities) thought that they had the right to influence Federal policy.
2. Press Release dated 19 December 1979 (AD FA Archives 85!84(1) ).
3. PWC, p 921. Professor Karmel's statement was provided as an answer to Mr Bungey's question: "What are the major areas of concern [about the ADFA Bill before Parliament]?" -37-
should not be about how best to use, as an end in itself, places in present uni versities dispersed around a continent; it should not be founded on any funda mentalist dogma that a liberal university education cannot be achieved in the kind of military environment planned for the Casey University-ADFA. The debate would be better founded on an informed knowledge of what happens in the Military Studies Faculty of the University of New South Wales now located at Duntroon ... Nor should it be about whether to follow German or British or other exotic examples ... and then attacked the A VCC by noting that the decision to establish the Academy should not be about whether there is some special disability attached to the Commonwealth Parliament deciding for itself to create a university by contrast with the State parliaments which have been the origin of most existing universi- ties. 1 ·
Professor Myers, Vice Chancellor of the University of New South Wales, added his support pointing out that it had always been the ~!ltention of the UNSW to develop the Faculty of Military Studies "so that it could become, in the words of the first agreement [between the Department of the Army and UNSW] 'a separate autonomous degree conferring body'." 2 Professor Myers continued by pointing out that the "standing of a university is not in its name but it is in the sum of the qualities of the staff at the time" 3 and that he had "no doubt at all" that the degrees granted by the Academy would be accepted as "equal to the degrees attained at existing universities." 4
A powerful, albeit little-noticed, group of supporters came from the Aca demic Staff Association of the Royal Military College which, as late as 1979, applied pressure to ensure that university status would be retained for the Academy. As a facul ty of the University of NSW, their influence, both within that University and in the
L PWC, pp 1165-1166.
2. ibid, p 674. Note the careful use of'degree-conferring body' which also could have included Colleges of Ad- vanced Education. It appears, however, that the UNSW felt obliged to press for university status on behalf of its staff working at RMC. Professor Myers was also the Chairman of the AVCC and was clearly in a difficult position on this issue.
3. ibid, p692.
4. In answer to a question from PWC member Humphrey, PWC, p 693. -38-
general community, cannot be underestimated. In addition, because of its location in Canberra and its experience with officer training, close contact with the ADFA Devel opment Council was maintained. Continuing with the theme that the quality of an insti
tution would be determined largely by the quality of its staff, the Association resolved on 15 March 1979:
In order to be acceptable to the academic staff of the Faculty of Military Stud ies, who are expected to transfer to Casey University, the proposed institution must satisfy the following criteria:
1) the word 'University' appears in the title, a proposition supported by this Association since 1972 ... ;
2) the proposed institution is acceptable to the Australian academic community;
3) a balance is created between military and academic interests on the Council of Casey University - AD FA .... 1
This resolution followed one from the Representative Council of the Federated Austra lian University Staff Associations (FAUSA) which opposed nthe establishment of Casey
11 University and in particular giving it the title of 'University' • FAUSA's most threaten- ing resolution, and one which would have been of great concern to academic staff at the three single-Service Colleges, was FAUSA's threat to "advise all academics in Australia and overseas not to apply for appointment at that University." 2
Despite its strong support for university status, the Staff Association, which had grown accustomed to living under the umbrella of the UNSW, was not totally in support ofthe Casey University- ADFA concept. Since the early 1970s, its members had lobbied for continued association with an existing university based on the RMC-
1. PWC, p 1688.
2. See ADFA Archive File, 8Sn4(1). -39-
Faculty of Military Studies model. 1 In 1978 Dr Hugh Smith 2 pointed out the danger of the loss of academic autonomy
presumably as a result of their organizational and financial interlocking with the services. This must be reckoned a serious potential danger - not simply because the position of the academic staff themselves but also because aca demic freedom and integrity are essential to the provision of the highest quality education.
He continued to outline the situation at RMC where
the academic staff ... are at present employed by the University of NSW and ... are responsible to the Vice-Chancellor and the Council of the University. There are no obligations to the Royal Military College, no subordination to the Commandant of the College ... military and academic staff coordinate their activities - and occasionally come into conflict - but neither has any degree of control over the other.
The problem was, in the eyes of the RMC Academic Staff Association, that
academic staff [will be] in the employ of (the ADFA] ... Council, a body on which military representation will be considerable.... some continuin~ form of connection with an existing university could get around this problem.
Much of the above reluctance was brought about by "the extent and depth of opposition to the establishment of an autonomous university from existing universities and from the Department of Education." 4 Professor Low's 5 opposition and the continuing pressure from the A VCC which had passed a resolution "calling for further study of the proposal", was added to the continuing opposition from the Ministers for
Education 11 from 1974 onwards ... [who had] ... been opposed to the concept of such a
1. Dr Hugh Smith, Canberra Times, 16 July 1974, in a letter to the Editor.
2. Secretary of the RMC Academic Staff Association.
3. PWC, pp 956-957 ff.
It is interesting to note that most Canadian academic staff, working at the Royal Military College in Kingston, do not share Dr Smith's concern. See Vrsit Repo/1 on ADFA file 87-113(3) dated 4 February 1991 and the Overseas Vrsit Repon: Commandant, Defence Academy, op.ciL, pp 3 ff.
4. PWC,p969.
5. Vice-Chancellor of ANU. -40- university." 1 The major modifications foreshadowed by Dr Smith in his University
College model were to be largely accepted, and the influence of the RMC Staff Associ ation and its advice must be measured in those terms. Not only did the Association have access to the A VCC through the UNSW; to the UNSW through its membership of that university's academic staff body; to the ADFA Development Council through cross membership and proximity but also to access to the military with which it had been working since 1967. It should not have been too surprising that the proposal of the
RMC Academic Staff Association held sway once the government and the Develop ment Council started looking for alternative solutions in 1979.
Half Hearted Support - The Military's Case
The three Services failed to convince-the Public Works Committee of their unreserved support for the Academy project. In particular, the Committee noted "that the Service Chiefs have a very real concern about maintaining the single-Service moti vation of cadets in a Tri-Service Academy." 2 ··
This belief was no doubt based on evidence such as Lieutenant General
D.R. Dunstan's 3 who stated that the Army would be best served by having their officer cadets undergo at least one or better still two years of military training. "They would then go to universities for the normal course ... ". 4 Air Marshal Sir James Rowland 5 agreed with the Committee that he and his Chief of Personnel were "satisfied" with the
L PWC, pp 969-970.
2. Bungey, M.H. (Chairman) Report Relating to the Proposed Construction ofa Defence Force Academy in the Australian Capital Territory (Second Report of1979) (Canberra: The Parliament of the Commonwealth of Australia Parliamen tary Standing Committee on Public Works, 22 May 1979), p 44.
3. Chief of the General Staff.
4. PWC, pp 1091 and 1100.
5. Chief of the Air Staff. -41- education provided by the Royal Melbourne Institute of Technology. 1 General
Dunstan added that he thought "about 70 per cent [of his senior officers felt] disquiet about [ADFA]" 2 and that continuing "Duntroon as it now stands as the Royal Military
College, with the University of New South Wales supporting it as it does, would be the first option." 3 The Navy, conscious of its problems with its high attrition rate, gave tacit support to the Academy proposal. "Being educated in an ADFA environment will mean that [Navy] ... will not lose so many" 4 officer cadets.
Even the Chief of the Defence Force Staff, General Sir Arthur MacDonald, acknowledged "that a number of servicemen and former servicemen ... have put for ward views opposing the concept of a tri-Service academy." 5 This acknowledgement hid the fact that many military officers who gave evidence which opposed the proposal, did so at some risk to their careers, a point acknowledged by the Committee when it was forced to state that
under the Public Works Committee Act there is provision that people should not be disadvantaged by the fact that they have given evidence before this Committee... [and that] the penalties for putting people at disadvaJltage by virtue of appearance before this Committee are quite substantial.
Nevertheless, Brigadier Taylor was one witness who pointed out to the Committee that he was "forbidden by military law from praise or censure of [his] ... senior officers. This
[had] ... inhibited [his] ... arguments ... " 7 indicating by implication that clear instruc- tions may have been received from his senior officers about the degree of criticism of
1. PWC, p 1290.
2. ibid, p 1104.
3. ibid, p 1087.
4. ibid, p 1130.
5. ibid, p 1159.
6. ibid, p 526.
7. ibid, p525. -42- the decision which would be tolerated. Moreover, as pointed out by Brigadier Taylor, he was
aware that there [were] ... a great number of other officers who would [have liked] ... to appear ... but they [could not] ... make public comment for two main reasons: Firstly, they are in the direct line of reporting and working on this subject and therefore their loyalties are constrained to do what they have been told to do, and the second reason is that the officers are not sufficiently senior to risk prejudicing their careers and promotions by appearing publicly on this issue no matter how much they wish to. 1
Despite this real or imagined pressure, several military witnesses objected to the academy concept. Brigadier L.R. Greville concluded that 11 no contributions have been sought from officers of the Armed Forces (at least that the author is aware of) 11 in conducting any study of the academy system of officer training.
Faced with such an obvious lack of clear support from the uniformed members of the Department of Defence, as well as a steady stream of evidence that the academy project had not been widely considered within the Armed Forces, the
Public Works Committee concluded that there was 11no clear evidence that the training of cadets of all Services in a common establishment would of itself provide any im provement in the quality of officers11 and that each Service had 11differing requirements and tri-Service arrangements can lead to unsatisfactory compromises.112
The Opposition
The opposition from within the Services appears to have been based largely on the beliefs that the existing single-Service college system worked well for the Army and RAAF and that any change would need to improve their product to justify the expense and upheaval. As noted above, not even the Chief of the General Staff was prepared to abandon the RMC system willingly. Both the RAAF and the Army were
1. ibid, pp 524-525.
2. PWC Report, pp 59 ff. -43- graduating sixty-five per cent of their intakes through their respective single-Service college courses 1 while the Navy was achieving approximately 56% through the Naval College. The RAAF and Army stated that they were happy with the services provided by the respective supporting universities and that the officers graduating through these institutions were of good quality. The Academy offered a wider variety of degree courses and newer facilities but at the cost of a tri-Service environment and the subse- quent partial loss of single-Service identity. To the Services these were matters of vital importance and no doubt contributed to much of their opposition.
The opposition from the Tertiary Education Commission, the Department of Education and the Australian Vice-Chancellors' Committee appeared to have two strands. The first was that there would be a university controlled and funded by the Department of Defence, not the Department of Education. The second argument focused on the title university. The AVCC and several universities could not envisage that a true university could exist in a military environment. Professor Low 2 noted that although Britain's Royal Military College of Science offers degrees, it is not a member of the Association of Commonwealth Universities. The Royal Military College at Kingston in Canada is only an additional member. All the present Australian Universities are full members.
In this company where will Casey stand ? 3
Professor Karmel 4 added that
the Commission takes the view that the proper military objectives of the Academy are not objectives which are rea~y consistent with the objectives of what we know as universities in Australia.
1. Evidence provided by Mr Attwood, Deputy Secretary of the Department of Defence (A), PWC, p 749.
2. Vice-Chancellor of the Australian National University.
3. PWC, p 556.
4. Chairman of the Tertiary Education Commission.
5. PWC, p 921. -44-
The above reservations were transferred to the public forum as early as
1974 by a suspicious press. The Canberra Times, in its editorial which followed Minister Barnard's announcement of the Academy projects, expressed fears that
a tri-service Australian Defence Force Academy ... would become a closed institution alienated from the general Australian community ... It is being increasingly felt that the military calling must find its fulfillment within a more democratic framework. .. This leads to the simple conclusion that future offi cers, like lawyers, historians, scientists, and doctors, should study for their degrees ... at a conventional university where they could rub shoulders with their civilian counterparts.... a full university atmosphere would also be best suited to cultivate in the minds of Australia's future military leaders the free dom of thought an inquiry they will need to serve the nation effectively and which the traditional military atmosphere would probably not encourage. 1
This criticism was taken up by some members of the Public Works Committee during its investigation. The Vice-Chairman, 2 for example, wanted to be reassured by the Deputy Secretary of the Department of Defence (Attwood) and the Academy's Chief
Project Officer (Rear Admiral Dovers) that the abbreviation Mil would not be included in the degree titles as had been the practice at RMC, Duntroon. He considered that it smacked "of an elite." 3 Rear Admiral Dovers was able to explain that there had been no attempt at establishing an elite and that, in any case, the use of the abbreviation was not being considered for Casey University. 4
L The Canberra Times, editorial, 19 June 1974, p 2.
2. Keith Johnson
3. PWC,p86.
This was a curious interpretation which setves to illustrate the gulf that existed between some members of the public who thought that a BA(Mil) was an elitist title and some members of the military who worked hard to remove Mil from the title since it seemed to them that it indicated that this was not a real BA
4. ibid. -45-
Confusion
It is not surprising that the Public Works Committee became increasingly concerned that the concept had not been fully developed. Of even greater concern to the Committee was the fact that many of the submissions supporting the establishment of the Academy appeared to be based on several unproven assumptions. The first of these was that the decision to proceed with the Academy had already been made and that subsequent investigations such as those of the Martin Committee and the Public Works Committee were a mere formality required to tie up loose ends. The second frustration facing the Committee was that many of the witnesses had made similar assumptions and based their evidence and submissions on those assumptions. In the end, the Committee expressed "concern" at the "apparent lack of evidence of a com prehensive inquiry into the proposal to establish:a Tri-Service Academy." 1 In response the Department of Defence forwarded further (confidential) information to the Committee to establish that there had been a comprehensive study of the proposal. Having studied the material, the Committee formed the opinion that the development of the logic for the creation of a Tri-Service Academy suffered from a process of reasoning-in-a-circle wherein the proposition to be tested [should there be an academy ?] had as a basic assumption the proposition itself (that there would be an academy]. 2
Similarly restricted logic led to total frustration during the questioning of witnesses at
the Committee's hearings. Those who had been associated with the project, military,
civilian and university staff included, appeared to have totally accepted that the
Academy would proceed, that the decision had been made and that it was pointless to
argue. Even Professor Myers used this type of logic to support one key argument for
the establishment of the Defence Force Academy: he stated that the agreement be
tween the Department of Defence and the University of New South Wales was made
on the undertaking to establish an independent, degree-conferring institution at RMC
1. PWC Repon, p 39.
2. ibid, p 40. The "additional information" forms the basis of theADFA Chronolo~. -46- in the long run. That had been the understanding when the first ten year agreement had been signed in 1967 and again when it was renewed in 1977. 1 Because the original agreement stated the intention to establish this independent institution, Myers argued that any other action would be in contravention of the agreement. 2 This infuriated the
Vice-Chairman of the Committee who stated that he was "trying to dismiss from [his] ... mind the agreement." Myers went on to emphasise:
the University saw its role as facilitating in an accelerated way the achievement of an end desired by the Government. That is an end which has been expressed by various governments during the last 12 years as being desirable of achieve ment ... We have come to the conclusion that the governments mean it. We accept that, we accepted the challenge. We saw it as a transition phase .... That role of the University is a passing role ... it has always been seen as passing. I think it unlikely t~at the University would have taken it on had it not been seen as a passing role. He was, however, careful to point out that
until one knows the full form of any offer one can only answer with an impres sion .... After all the university is sensitive to government needs ... 4
This effectively negated much of his evidence which had been based on the apparent fact that the agreement with the Department of Defence left only one possible solution: the establishment of an independent degree-granting institution. It is interesting to note that the present Defence Force Academy is not an independent degree-granting institu tion and that the University of New South Wales, led by Professor Myers, made this possible by negotiating the current agreement with the Commonwealth to establish the
University College.
The Committee discredited much of the Department of Defence evidence in support of the need for the tri-Service academy:
1. PWC,p675.
2. ibid, p690.
3. ibid, pp 698 ff.
4. ibid, p 690. -47-
I 1 am not being critical of the terms of reference given to [ the Regular Offi cer Deve~op~ent Committee] ... nor of ~h~t it_ did, but it was clear that it ':"as asked to mqurre from the point of comnnss10mng forward [thereby excludmg the consideration of the academy proposal]. The Martin Committee was told that there would be an tri-Service academy or a military academy. The ADFA Development Council was also looking at the position as if ADFA were a fait accompli .... Was there an in-depth inquiry at any time into the need for a tri Service academy or, as we now have, a military university ? Sir Arthur Tange, for the Department of Defence replied: If by in-depth you mean an inquiry by persons as experienced as, and carrying the responsibilities of, Chiefs of Staff and, I venture to add, the Secretary of the Department of Defence, then the answer is yes. 2
Johnson continued by pointing out that Tange was "talking about conferences rather than inquiries by the most senior people" 3 and went on to note that we are at the position where this has been a decision by the Government, a decision of the Cabinet, and it has beenaiscussed with the Chiefs of Staff and yourself [Tange]. 4
Having concluded that no formal investigation was ever made to establish the need for the Academy, the Public Works Committee began to question the validity of other aspects of the project. This included a thorough investigation of the castings provided for the project. The evidence presented was, again, contradictory, confusing, 5 and, in one case, pointed to deliberate deception. A letter from Major Moon, who had been employed in the Defence Works organisation, wrote to point out to the Committee that he was
1. Vice-Chairman Keith Johnson, PWC.
2. PWC, pp 1176 ff.
3. PWC, p 1178.
4. PWC,p1179.
5. One of several examples is the contradictory evidence from Defence which led PWC member Sainsbury to complain that ''we have received costings on two occasions. On the last occasion there was an assumption made that the costings did not include those for the year of military training at RMC, as they were originally not included. Yet when we got our original costings it specifically said Army cadets would also receive a year of military training at the RMC and that was an inclusion." See PWC,p1382. -48-
convinced that the Committee has not been given all the details as to the total effects of the ADFA project, and that it [was his] ... opinion that this omission of detail was intentional so as to enable the true costs, options and conse quences of the establishment of ADFA to be masked. 1
Rejection
Faced with this and the other evidence, the committee appointed an inde pendent assessor to cost the proposal and other options. 2 Following his report and the conclusion of evidence the Committee concluded that it was "not expedient to proceed" 3 with the project and suggested a number of "arrangements for the three
Services which should be examined as a means of providing cost effective tertiary
education" for officer cadets. 4 The Minister for Defence (Killen) was, in the words of The Canberra Times editorial, "petulant" 5 with his remarks following the Public Works Committee's rejection of the academy proposal on the basis that the Department of
Defence had failed to establish a need for the project, had presented circular argu
ments, and had presented a case which was, in the opinion of the Committee, not fully researched.
Government Response
The ADFA Secretariat spent the next fortnight analysing the PWC Report
and advised the Secretary of the Department of Defence that "a strong case for chal
lenging the conclusions of (the] report" existed. 6 Another fortnight passed while the
Defence Force Development Committee prepared an analysis, based on the ADFA
1. PWC, p 1685.
2. PWC Repon, p 55.
3. ibid, p 61.
4. ibid.
5. The Canberra Times, Editorial, 2June 1979, p 2.
6. ADFA Chronology, p 43. -49-
Secretariat's paper for presentation to the Government. 1 Despite this "strong case" three months passed before the Minister for Defence was ready for a renewed submis sion to Cabinet. A month later cabinet agreed that the PWC report be rejected; [reaffirmed its] ... intention to establish an Academy; [agreed] ... that the Minister make a suitable announcement; [agreed] ... that advantages and practicability of, perhaps, an initial association with UNSW be explored. 2
The announcement by the Minister for Defence on 7 December 1979 (six months after the report had been presented) publicly rejected the report 3 and offered to explain the Government's reasons later. Cabinet approval for the promised explana tion was not forthcoming until 25 March 1980. In it Minister Killen attacked the Public Works Committee, accusing it of overstepping its authority since Government decisions, based on professional judgments and advice from those responsible to provide it, should prevail over the judgments of a Public Works Committee in a matter so important as the education and training of Service officers. 4
He went on to accuse the PWC of placing "greater weight and credence" to those least qualified to "comprehend its [the academy project's] totality"; 5 and a. selective use of evidence; b. confusion between the functions of 'education' and training';
c. use of unsupported argument;
1. ibid.
2. ibid, p 44.
3. H.W. Smith, ''Educating the Guardians: The Politics of the Australian Defence Force Academy" in Politics, vol 19 no 1 (May 1984), p 30.
and
ADFA Chronology, p 44.
4. Killen, OJ. An Analysis ofthe Repon by the Parliamentary Standing Committee on Public Works on the Proposed Construction of a Defence Force Academy (Canberra: Ministerial Statement, March 1980), p 5.
5. ibid.
-51-
Chapter 4
The Compromise: A University College
The Government has rejected the conclusions formed by the Parliamentary Standing Committee on Public Works. Those conclusions are ill-founded. D.J. Killen Defence Minister 1
Despite the considerable opposition the supporters of the Academy ap peared to have won the day when the Hon D.J. Killen, Minister for Defence announced to the House of Representatives that
theGove~ent has confirmed its intention to establish a Defence Force Academy ...
The Minister went on to point out that "in doing so, ... some important changes to the proposal as envisaged in the Bill11 3 originally introduced on 12 April 1978 had been made. Unlike the original Bill whose many flaws were exposed by public examination, the compromise system was developed largely in secret and away from public scrutiny. The issue had largely disappeared from the public forum, becoming little more than an administrative matter for the Department of Defence and the University of NSW. The
Defence Department was in a hurry to solve the problem and to avoid further public debate. As a result, the University College structure was adopted. The Act of Parlia-
1. DJ. Killen, Press Release (Canberra: Department of Defence, 7 December 1979) no 253{79.
2. D J. Killen, Statement by the Hon D.l Killen, M.P. Minister for Defence: The Defence Force Academy made in the House of Representatives on 15 May 1980. Copy held in the ADFA library (BRN 168998), pl. See also Hansard, House of Representatives, pp 2810-11 for the statement; pp 2812-15 for the debate following the statement; pp 2815-2820 for the expediency motion which followed and allowed construction to begin.
3. ibid. -50-
d. incorrect use of castings, and
e. illogic~ty in criticising the lack of a specific comp~ehensiv~_inquiry to establish the need for the Academy, whilst proposmg specific alternative arrangements without examination of their extensive implications
Clearly Mr Killen's assumption was that Cabinet and the senior Defence bureaucrats were more qualified to make such a decision than the Parliamentary Standing Commit tee which had heard evidence from some fifty witnesses including senior military offi- cers and prominent academics.
It had taken nearly a year to prepare the case and, as the Chairman of the PWC (Bungey) pointed out, some of Mr Killen's arguments were "misleading and dishonest" and that "at no stage during the inquiry ... had the Department of Defence lodged any formal or informal complaint about the Committee's procedure or conduct." 2 Both the Prime Minister and his Defence Minister persisted and, ignoring much of the evidence which argued against the Academy's establishment, a Cabinet decision of 28 Apri11980 approved a statement to the House of Representatives by the
Minister, confirming the arrangements for the Defence Force Academy. 3
L ibid, p 7.
2. W.H. Smith, ''Educating the Guardians", op.cit. p 3.
See also Hansard, House ofRepresentatives, 15 May I980, pp 28I5 ff.
3. DJ. Killen, The Case for The Australian Defence Force Academy (Canberra: Ministerial Statement, April1980). -52- ment, so necessary to establish an independent degree-granting body, was withdrawn and replaced by an Agreement between the Commonwealth and the University of NSW which required no parliamentary approval or debate. The development of the agreement was left to the bureaucrats within the Department, and to the Defence Force Development Committee, the University ofNSW and the staff of the ADFA Development Council. While there appears to have been some consultation with other groups, most notably the staff of the Facu1ty of Military Studies at the Royal Military College, Duntroon, much of the work was carried out in secret and has only recently become available. 1
It is not surprising that what emerged as the basis for the Academy, the Agreement with the University of NSW, was a conservative document, modelled on the 1967 agreement between the Department of the Army and the University of NSW to establish the Faculty of Military Studies at Duntroon 2 and on the defunct ADFA Bill of 1978. Many of the issues raised during the PWC hearings of 1978 and 1979 were either not considered or were not deemed to be problems which needed to be ad dressed now that the matter was away from the public forum.
In response to the PWC Report the Defence Force Development Commit tee and the ADFA Secretariat began working on option papers for presentation to the government. The first of these papers (still classified) was ready on 10 September 1979.
A draft paper produced by the Deputy Secretary of the Department of Defence
(Attwood) analysed the advantages and disadvantages of a tri-Service Academy as a
1. Many of the working papers were classified 'Confidential' until late 1987 and many others are still classified now.
2. This agreement was renewed in 1977 for an unspecified period until the Defence Academy began operating. -53- university college about the same time. 1 Much is revealed about the real priorities of the Defence Department at this time as Mr Attwood listed the advantages:
a. because the Bill would be withdrawn, the Government would face only one Parliamentary hurdle -the motion on the PWC Report. The University College should not provide any greater opportunity for Opposition criticism than any other course of action open to the Government;
b. University College status would erode the grounds for opposi- tion that have been expressed by: the TEC, the Australian Vice Chancellors' Committee (AVCC), some universities, individual academics, the Department of Education and the Government Members' Committee on Education, Science and Environment. Its operation would demonstrate that the ultimate aim of independent university status is logical and achievable;
c. University College status would also be more acceptable than Casey University- ADFA to certain Service College academic staff who are anxious about transferring to a new university yet to earn its reputation and place in the university community; and to other aca d. the University College could be seen to be a development of existing RMC and RAAF Academy affiliation arrangements, hence eliminating doubt that the tri-Service Academy could achieve what is required; e. the University College could appeal to some Service officers who prefer to see military and academic functions clearly separated. It could also have attractions for officers who would see the proposed institution as a conventional military institution whose military activi- ties would be administered by the CDFS; ... 2 - Disadvantages were not neglected including: a. the question of academic status of the tri-Service Academy was not central to the objections ... expressed by the PWC which led it to suggest proceeding on a single-Service basis. The University College proposal does not answer those objections; 1- Only some parts of this draft are classified and the paper provides some insight into the processes involved in salvaging at least a part of the Academy project. The fact that much of this material was classified reveals much a~ut the paranoia within Defence about possible public reaction to the proceedings. It is highly likely that one of the reasons for the secrecy was to prevent information reaching the public and thus renewing the debate. Unfortunately, this also resulted in a less than critical evaluation of some of the options being consid ered at the time. 2. NJ. Attwood, Advantages and Disadvantages ofa Tri-Service Academy as a University Colkge (Partly unclassified draft written in September 1979 and onADFAArchives 18/6), pp 2-5. -54- b. the University College proposal could appear to be designed to distract attention from the PWC recommendations and, by remov ing the need to debate the Bill, to curtail Parliamentary discussion; c. because there will be two separate institutions, each separately responsible to different external authorities with differing responsibili ties and interests, inherent conflicts will be institutionalised; d. further, the existence of two separate groups of staff, each answerable to its own authority, would not encourage dedication to a common purpose; its corollary, an atmosphere of 'us and them' is not one to which officer cadets should be exposed; e. because of the initial divided nature of the University College/Academy, it is likely that these divisions would be perpetuated after the granting of independent university status; f. establishment of the University College -Academy would be delayed by the time required to investigate its design implications for administrative and academic facilities and civilian staff amenities; g .... h. the influence of the Services on academic course content could be reduced, as control would be a responsibility of the parent universi ty. The extent of Service influence would depend on the arrangement made with the parent university. Progress towards independent univer sity status could, therefore, be hampered; i .... J. there could be difficulties in resisting outside pressures such as the acceptance of civilian undergraduates. Further classified advice was forwarded by the Academy Secretariat to the Secretary of the Department of Defence. Deputy Secretary Attwood met Professor Myers (Vice Chancellor of UNSW) in Sydney on 12 October 1979. While the record of that meeting is still unavailable, the outcome must have been sufficiently encouraging for the Minis ter for Defence to brief Cabinet on 23 October that discussions with the University of New South Wales should be considered. 2 1. ibid, pp 5--6. 2. ADFA Chronology, p 44. -55- On 27 February 1980 Captain W.R. Sharp, RANEM 1 and Mr B.C. Camp bell 2 were appointed to determine the negotiating points for an agreement between the Commonwealth and the University of New South Wales. A day later the Defence Force Development Committee met to reconsider the siting and status of the Academy. The committee was informed by Attwood that "no funds [would] ... be spent on the Construction of the Defence Force Academy" that financial year. 3 During the same meeting the issue of having the Academy in the existing RMC facilities was further examined, with objections from the Chief of the Naval and General Staffs. 4 The Chief of the Air staff summed up the feeling of the Service Chiefs when he stated that "were the Academy to proceed Air Force strongly favoured establishing it on a new site." 5 The Chairman reported that a working party "was developing heads of negotiation that could be used in exploring the terms of an affiliation with the University of New South Wales" to which the Deputy Secretary, referring to his meeting with Myers, added that "the Department had received an informal indication that the UNSW would be pre pared to explore a new agreement." He also indicated that "he expected the University to strike a hard bargain." 6 The report of the working group on the "status of Defence Force Academy Negotiations With the University of New South Wales" was forwarded to the Chief of the Defence Force Staff and the Secretary of the Department of De- 1. Military Project Officer, Office of the Chief of the Defence Force Staff. 2. Department of Defence Education Policy Branch. 3. Defence Force Devewpment Committee, Minute No 4!1980, Agendum No 3!1980 (ADFA Archives 85{297(2)) p 3. 4. In fact it was the acting Chief of the General Staff who represented the CGS at the meeting. Present at the meeting were Mr W.B. Pritchett, Chairman, Secretary, Department of Defence; Admiral Sir Anthony Synnot, Chief of the Defence Force Staff; Vice Admiral GJ. Willis (CNS); Major General P. Falkland (NCGS); Air Vice Marshal F. W. Barnes (CAS); Deputy Secretary (A) (Attwood); Deputy Secretary (B) (Hyland) and several observers. 5. Defence Force Development Committee Minute, op.cit., p 6. 6. ibid, p 12. In the financial year 1990/91 the University of New South Wales was paid over half a million dollars to cover 'administrative costs'. This was in addition to all other payments made for specific services. (Source: University College Financial Statement, 1990/91) -56- fence on 7 March 1980. 1 By 15 May 1980 sufficient progress on the negotiations had been made to allow Minister Killen to include the University's agreement in principle "to good effect" while making his statement in support of the expediency motion in the House of Repre sentatives on 15 May 1980. 2 Admiral Dovers, the ADFA Chief Project Officer, met Professor Myers on 29 May 1980 to discuss the finer details of the Academy proposal as it now stood. 3 The final product was the Agreement between the Commonwealth and the University, signed on 7.May 1981. 1. Copies of this classified report were also sent to the Deputy Secretary (A) and the Assistant Chief of the Defence Force Staff. 2. Letter from W.S. Pritchett to Professor Myers dated 27 May 1980 (ADFA Archives 85/642(1 ). A copy of the Academy Master Plan was sent with the letter. 3. ibid, p2. -57- Chapter 5 The Effects of Compromise Overseas practice and experience support the need for a much clearer definition of Defence priorities for, and Defence requirements of, ADFA over and above the undergraduate task. Air Vice Marshal R.J. Bomball, Commandant, 1991 1 Opporturiities Lost The determination of the Government not to be defeated on the establish- ment of the Australian Defence Force Academy, despite concerted opposition from academics, members of the ADF, the Opposition and an adverse recommendation from the Parliamentary Standing Committee on Public Works, forced the creation of a compromise solution. It is clear that, in terms of graduation rates alone, the Academy is not performing as well as its single-Service predecessors and considerably worse than many of its overseas counterparts. 2 Unlike civilian universities, students for the Academy are selected following extensive testing by selection boards which subject candidates to psychological and aptitude testing, medical examinations and leadership evaluations. Additionally, all entrants to the Academy have matriculated and are able to enter equivalent tertiary courses in any other Australian university on the basis of their results. A recent survey 1. Overseas VISit Repon, p 8. 2. Any suggestions that the Academy is producing a better graduate than its single-Service predecessors or its overseas sister institutions is generally based on anecdotal evidence. This is easily countered by similar anecdotal evidence to the contrary. The University of New South Wales accredited RMC and Naval College degree courses. There have been no sugges tions that those degrees were sub-standard. The same university provides the accreditation for the Academy's degree courses. The argument that the Academy now boasts better facilities and should produce better graduates is based largely on wishful thinking. The same logic should be applicable to the wastage rates. Here the rates should be lower than at the single-Service colleges. They are not. -58- rated the resources and staff-student ratio at the Academy as good when compared to other Australian tertiary institutions. 1 All officer cadets are paid and live on the campus. Support services provided include a fully equipped hospital providing free medical treatment, a student counselling service, chaplains, remedial writing pro- grammes and thirty nine full time staff members who provide the administrative sup port for the 900 officer cadets. Balanced against these advantages are factors such as the time and effort spent by officer cadets on military activities, 2 periods of military training in block periods at the start and end of the year and in the session breaks throughout the year. Nevertheless, given that Academy officer cadets do not have to worry about working to pay for accommodation, food, student fees, text books and similar expenses, the Academy student has many advantages over his civilian counterpart. The fact that these advantages do not lead to a higher pass-rate is an indicator that something has been lost in the transition from the single-Service colleges. Not even the tri-Service nature can be blamed for the drop in performance since the Canadians achieve far better results even in their tri-Service environment. The one major factor which makes the Australian Academy different from its overseas counterparts and the single-Service colleges which preceded it, is its struc ture. 3 With the Department of Defence more concerned about how to avoid further embarrassment for itself and the Government following the rejection of its proposal by 1. ''The Best of Our Universities", The Independent Monthly, July 1991, pp 25 ff. 2. Surveys conducted at the Academy indicate that less than 12 hours per week are spent on military activities, including sport and personal administration. See Minute from Colonel Boxall to the Commandant dated 1 October 1986 on ADFA file 85/1454. 3. Another is that most other military academies (and RMC Duntroon before 1986) conduct their training over four years. The AD FA courses are three year courses (except for Engineering and honours students). Army officer cadets then complete their fourth year at RMC while the Navy and Air Force graduates commence a series of specialist courses at their parent Services' training institutions. -59- the Public Works Committee, concern shifted from what the institution should look like to best serve the needs of the ADF to methods which best avoided public debate. Additionally, any alternative would also have to avoid further objections from the A VCC, the Department of Education, the parliamentary opposition, other universities, academic staff and their staff association. The compromise was to be the University College, clearly separated from the military and not responsible to the military for its courses. This had been the aim of academic staff at the Faculty of Military Studies at RMC since the mid 1970s and the compromise now pacified the A VCC and TEC. The military accepted the system readily since it appeared to be based directly on the RMC working model which had met the Army's requirements for many years. What had not, however, been considered was that RMC had started as a military training unit which later integrated degree studies into the existing military programme. Moreover, the Commandant at RMC was the chief executive officer, responsible for RMC's operation and performance to the Chief of the General Staff. The Faculty of Military Studies provided a service to the army, largely, on the army's terms. 1 In the transition to the Academy, both academic courses and military training programmes were developed in parallel. The Academy retained the system of two chief executive officers originally set out in the Casey University Bill. Unlike Casey Universi ty, however, at the Academy these two chief executives would not be directed by the Academy Council. In fact, they are answerable to two different organisations which 1. This is not to say that the Faculty of Military Studies was commanded by the Commandant. The Commandant was seen as the chief executive officer of the Royal Military College. This was, in fact, the preferred option suggested in the Martin Report which reco=ended that "the chief executive officer of the academy should be a Co=andant ... supported by a Director of Academic Studies... ". See L.H. Martin (Chairman), Repon by the Tertiary Education (Services' Cadet Colleges) Committee (Canberra: Department of Defence, 1970), pp 44- 45. In this role the Commandant of RMC exercised considerable control over the facilities, resources, timetabling and had a direct input into major academic decisions. Additionally, for a Staff Cadet to graduate from RMC with a degree, he had to satisfy not only the basic degree requirements but also meet the objectives of the military syllabus. Failure to pass the military training syllabus would result in the degree from the University of New South Wales being withheld. To the staff cadet the institution was one organisation, albeit with several distinct components. The same cannot be said about the Academy. -60- have few formal opportunities to make coordinated policy decisions. The existing Academy Council has no power to make decisions 1 and presents, at best, an opportu nity for the two disparate organisations to get together and talk. The day to day operations of the Academy are conducted within the Academy by both military and University College staff. To their credit and the credit of the University of NSW, most seem to have worked hard at establishing cooperative links between the two bodies. 2 An example is the establishment of places for military members on the Academic Board 3 and the participation of both in studies such as the Bums-Bradford 4 study of officer cadet motivation. Nevertheless, in their eagerness to secure guarantees of academic integrity by forcing a clear separation at the highest levels between the military and academic comporrents of the Academy, the academic world may have caused the creation of an institution which cannot solve its own prob lems, particularly the problem of officer cadet identity and resource allocation priori ties. Air Vice Marshal Bomball, in evaluating the Academy's present structure, summa rised the situation, stating that he was 11 convinced [that] we should be striving for a far more integrated approach at ADFA in the long term.11 5 An examination of the Casey University Bill 6 and of the agreement be tween the Commonwealth and the Umversity of NSW clearly shows how much control 1. A fact illustrated by the minutes of its meetings which relate the fact that the Council 'notes' a large volume of reported information but decided nothing in its first five years of operation. 2. see Overseas VISit Report, op.cit, p 4. 3. Agreed to by the University of NSW Council in 1985. 4. J.C. Bums and R.E. Bradford, Enhancement ofthe Performance ofOfficer Caders:Report ofthe Working Party established by the Commandant and the Rector at the Request of the Academy Council, (Canberra, AD FA, 1990), commonly known at the Academy as the Bums/Bradford Report. 5. Overseas VISit Report, op.cit., p 4. 6. Casey University- Australian Defence Force Academy Bill1978. -61- over the Academy was surrendered by the Defence Force in the transition from the Casey University proposal to the current University College structure. 1 The agree ment with the University left an Academy Council which has powers only to advise the Minister for Defence and the Vice Chancellor of the University 2 , in the process re placing the Academy Council empowered to govern. 3 The Vice Chancellor was re placed by a Rector, who is answerable to the Vice Chancellor of the University. More over, the Academy was not established by an Act of Parliament but by an administra tive instruction issued by the Chief of the Defence Force Staff and by the agreement with the University. Courses are approved by the UNSW Professorial Board in Kens- ington, a board which has no Service representatives serving on it and is a long way from the in-house mechanisms envisaged for Casey University. What resulted was a co location of two relatively independent institutions~ each with a chief executive officer of equal status, answerable to outside authorities. 4 While this arrangement might have had a chance of working at Casey University with its governing council, it was to make life more complicated at a Defence Academy with a council restricted to advising Defence and the University. High Failure Rate The three single-Service colleges conducting degree-level training in the 1970s experienced a wastage rate over their four year courses averaging between 45.6 1. A copy of the Casey University- Australian Defence Force Academy Billl978 is attached. 2. Section 6 of the Agreement. 3. Casey University -Australian Defence Force Academy Bill, Sections 9 to 18. 4. The University College of the University of New South Wales shares the campus with a joint Service unit, the Australian Defence Force Academy. Each part is theoretically independent of the other with the Rector (chief executive of the University College) reporting to the UNSW at Kensington and the Commandant (head of the military unit) reporting to Defence. -62- per cent (RANC) and 35 per cent (RAAF Academy). 1 Similar overseas academies today achieve similar or better rates. Staff at the Canadian Royal Military College and the Royal Roads Military College indicated that they do not lose m~re than 20-25% of their first year intake throughout the four year course. Air Vice Marshal Bomball, returning from a tour of several overseas defence acade- mies and universities, reported that the US academies (Annapolis, West Point and Colorado Springs) had similar rates to the Canadian colleges. 3 ADFA's annual loss rate has seen twenty per cent of the student body leave each year since its inception and almost half the students who start the course do not finish. 4 The costs to the nation are considerable. At an annual operating cost close L PWC, p 749. RMC had an average wastage rate of 35.1 %. All figures relate to the period 1973-77. 2. VISit Report, on ADFA file 87-113(3) dated 4 February 1991. 3. The Overseas VISit Report: Col71l7UJ1idant, Defence Academy, op.cit. provides the following approximate loss rates: Bundeswehr University (Munich): approximately 30% (44%) Royal Military College (Kingston): approximately 29% ( 41%) US Military Academy (West Point): 30% The figures in parentheses include losses from pre-academy/university training. In Canada this involved a seven week course while it can involve several years in the Bundeswehr. 4. The average rates are: a. RAN wastage rate: 39.2% b. Army wastage rate: 58.4% c. RAAFwastage rate: 39.7% d. Total: 46.7% All data was obtained from the Australian Defence Force Academy Annual Reports, 1986, 1987, 1988, 1989 and 1990. The summary is attached at Annex A -63- to $35 million, each officer cadet costs more than $50 000.00 per year. 1 In 1990 alone the wastage rate cost the nation over eight million dollars and, expressed in today's costs, the wastage rate has cost the defence budget over forty million dollars in wasted funds and under-utilised capacity. A return to the lower wastage rates of the 1970s would see a considerable saving while an achievement equal to that of the Canadian academies would result in a doubling of the cost-effectiveness in this area. Officer Cadet Identity Something important appears to have been lost in the transition from single Service colleges to the Academy. The resultant changes have had a negative effect on the success rate achieved by officer cadets. Only one comprehensive study has been undertaken by Academy staff to try to identify the problem areas. The report of the working party into the Enhancement of the Performance of Officer Cadets 2 noted that it was constantly referring to ways of improving the relationship between the academ ic and military staffs, between these staffs and the officer cadets, and among cadets. 3 L Calculations are based on the Australian Defence Force Academy Annual Repon - 1990 (Canberra: ADFA, 1991) and include an estimated $12000.00 of wages per officer cadet but do not include: a. military staff wages, b. salary on-costs (another $1500 per officer cadet), c. the cost of single Service training, d. basic kitting costs, and e. costs of recruiting. Brigadier Greville estimated in 1986 that each officer cadet would cost over $70 000.00 per year. It is likely it was an over-estima tion at the time (this equates to over$100 000 in 1991). SeePJ. Greville,op.ciL 2. J.C. Bums and R.E. Bradford, op.ciL 3. ibid, pp 9-15. -64- The report highlighted an attitude amongst officer cadets that "academic excellence is not necessary, only academic acceptability" 1 since officer cadets, accord ing to the report, identify more strongly with becoming officers in the military than with the aim of graduating with high marks in their degree. According to the report, "gradu ation from the University [should be] ... the main aim" 2 of officer cadets. To correct the perceived imbalance, the report suggests that the profile of military activities be lowered by moving considerable elements of the initial first year military training pro gramme from the first session 3 to "elsewhere in the programme" and conducting mili tary training on Saturday mornings. 4 The main target for such recommendations was the "fifty-one per cent syndrome" 5 whereby officer cadets achieving the minimum acceptable standards were seen by the working party to be the undesirable norm. The report concluded that "we had no need to propose sweeping changes" 6 while , at the same time recommending actions which would remove the military element further from the Academy than it currently is. The study's value is in establishing that officer cadets are now confused about their aims, priorities and identities. The officer cadet 1. ibid, pp 2-4. 2. ibid, pp 1-3. Officer cadet priorities appear to differ from the ideal expressed in the Bums-Bradford study. For example: a. over 72% of AD FA officer cadets joined to do something wonhwhile for their country, b. over 85% joined to make the military their career, and c. 63% indicated that they intend to serve at least 20 years. See Ian McAllister, Hugh Smith and Sue Moss; The Survey of the Military Profession in Australia: Report on Wave I, (Canberra: ADFA, 1988). 3. The two academic terms at the Academy are called sessions. They are between 12 and 14 weeks in length. 4. ibid, pp 3-5. 5. The term has become part of the officer cadet language. In simple terms it refers to the ability of an officer cadet to judge his workload properly to attain a bare pass mark (50%). A mark of 49% would be a fail and indicates poor judg ment while a mark higher than 50% indicates wasted effort. The aim, therefore, is to attain mediocrity. 6. ibid, pp 9-15. -65- must make daily decisions about which activities have priority and what he or she wants from the Academy. The Burns-Bradford report clearly established that the officer cadets currently place their military performance before the achievement of academic excellence. 1 Its recommendations are broadly aimed at adjusting the military environ- ment to create more motivation among officer cadets towards their academic perform- ance. It did not attempt to address the fundamental problem that the Academy consists of two organisations, one military and one academic, which are in constant competition for the time and effort of immature officer cadets who, seeing the two bodies as sepa- rate, and who, as members of both, must make decisions based on their judgment of the current situation. Given the lack of maturity of the officer cadets, it is not surprising that many of these judgments are not well thought out. Other academies, particular the Canadian tri-Service Academies, have no such separation and, to the officer cadets at those institutions, they are students at one, unified academy with one dominant aim: to produce officers for the defence force. The academic requirements are totally integrat ed into the process and, while the difference between military and academic staff is recognised, the distinction is blurred from the officer cadet's perspective. The differ- ence is highlighted by Air Vice Marshal Bomball (Commandant) who observed that the arrangement of having an independent faculty responsible to the Commandant as Vice-Chancellor results in a close integration of academic and military stud ies ensuring the development of both is complementary rather than competi tive .... indeed the total Academy experience is regarded [by the North American Academies] as contributing to the degree. 2 In the Australian Academy, however, it is possible to fail the military curriculum and still obtain the degree from the University of New South Wales. 3 1. This fact should not be surprising since officer cadets are recruited and selected by the Services on the basis of their motivation towards becoming officers in the respective Service. The military career is probably the primary reason for most officer cadets joining the Academy. It should, however, be noted that no reliable and comprehensive studies have been conduct ed in this area. 2. Overseas VISil Report:, op.cit., p 5. 3. This has happened on a number of (rare) occasions. Generally those students are not permitted to graduate from the Academy but will still receive their degrees and, in most instances, will still be commissioned by their respective Service. -66- Cooperation at ADFA The problems are not confined to officer cadets at the Academy. From the start, much heated discussion amongst staff developed over officer cadet workload. Professor McLean (Geography) wrote to the Rector that his staff were "becoming increasingly concerned about the amount of time that students are apparently spending on formal and less formal military activities." 1 He continued by emphasising that "the academic standards set in [his] ... department will not be compromised by such external ities". A few days earlier a letter signed by twelve staff members of the Mathematics department had been forwarded to the Commandant asking him to "curb the enthusi- asm of our military instruction colleagues, in the hope that they may have some stu dents left to instruct." 2 The Commandant investigated the matter and concluded that "the great majority of officer [cadets] are coping and have adequate time for study, leisure and sleep." Nevertheless, he took steps to move military activities away from the examination periods. 3 If nothing else, these examples illustrate the problems facing the institution and the officer cadets. Like most conflicts, the problem of officer cadet workload was resolved for the time being by the staff from both sides in a civilised manner. The fact that Professor McLean saw the military activities as externalities, however, illustrates the problem that some academic staff clearly do not identify strong ly with the military's aim of educating and training officer cadets. This rather insular approach is actively promoted by the structure of the Academy and appears to apply equally to the military organisation's view of academic pursuits. L Letter to the Rector from R. F. McLean, Head Department of Geography, dated 22 September 1986 on ADFA file 85/1454. 2. Letter from twelve staff of the Mathematics Department to the Commandant dated 19 September 1986 on ADFA file 85/1454. 3. Minute to the Rector from the Commandant (information copies went to all Departments) on folio 17, ADFA file 85/1454. -67- Providing the ADF with a Service It is also questionable whether the Services are getting value for their money in terms of the promised improved results expected from the new institution. While it may be too early to comment on the quality of the officers, the reduced rate of officer graduations is worth examining. Also worth noting is the fact that, five years since its establishment, the Academy is still unable to meet all of the tertiary education require ments of the Services. A sizeable number of Service personnel (including officer cadets) is still studying at other tertiary institutions, both full and part-time. In 1991 over twenty-six officer cadets are studying their third and fourth year Bachelor of Aeronautical Engineering courses at the Royal Melbourne Institute of Technology and Sydney University. 1 A small number of other students are studying a variety of subjects ranging from Naval Architecture to languages at other tertiary insti- tutions. In conjunction with the University of New England the Army has over 200 officers studying for undergraduate degrees through its Junior Officer Professional Education Scheme on an external part-time basis. The initial hopes that one Academy would be in a position to meet the tertiary education needs of the ADF have yet to be realised. Considerable additional funds are expended on an annual basis in payments by the ADF to other tertiary institutions because the Academy is not in a position to offer the courses required by the ADF. There appear to be at least two major causes. The first is a reluctance by the RAAF to support the move of its aeronautical engineers from the Royal Melbourne Institute of Technology (RMIT) and the second is found in the basic structure of the 1. There are 26 studying at RMIT. The cost to the Academy is considerable since RMIT levies a charge of $14850.00 per student per year (1991 costs). This equated to $386100.00 being paid to RMIT in 1991. Student numbers have been rising steadily and in 1992 some 35 students will be attending RMIT courses ($520 000.00). In addition transportation costs, meal allowances and the cost of moving the group to the Academy for continuing military training are incurred. It is interesting to note that Sydney University levies no equivalent charge for ADFAstudents attending its courses. -68- Academy, which allows for no clear input by the Services into the type of courses of fered by the University College. Requests from various areas of the ADF for courses arrive at various sections of the Academy. Since the Academy is not in control of its own destiny, however, responses to the varying requests are frequently unfavourable. The University College is bound to seek approval for its courses from the Kensington Professorial Board 1 while the funding has to be agreed to by Defence following nego tiations with the University of NSW. No authority within the Academy is empowered to make a final decision on such matters. 2 Rear Admiral Sinclair (then Commandant) outlined the procedure in his minute to the Rector stressing the need for submissions to be endorsed by Defence and the University and suggesting the establishment of a "small in-house working party to look at the matter of identifying medium term and long-term objectives" 3 even though these objectives would need endorsement from Defence and the University. It is a potentially cumbersome and non-productive process which, to the credit of all concerned, appears not to have been exploited by those wishing to delay the establishment of courses at the Academy. Still, six years later, little had been achieved in this area. Air Vice Marshal Bomball (Commandant 1990-) observed that the absence of clear-guidelines had led to a "largely ad-hoc development in both undergraduate and postgraduate activities." 4 Moreover, the "system has not been well suited to examining implications such as cost-effectiveness, effect on class 1. In practice this seems to be largely a formality provided that sufficient funding is available to conduct the course. The Board has on several occasions insisted that minor changes to courses be made to comply with the general philoso phy of the University. These instances appear to be few in number. 2. A case in point is the proposal from Brigadier MacKenzie-Orr, president of the Australian Ordnance Council, who proposed the establishment of a Technical Staff Officer Training course at the Academy in 1985. Despite a warm reception from the Commandant and the Rector, little eventuated from a discussion between the Brigadier and the Rector and the Commandant. See ADFA file 85/518(1) dated 25 January 1985 to 30 January of the same year. 3. Minute dated 30 January 1985 (COMDT 23/85) on ADFA file 85/578(1 ). The Rector agreed to the formation of the working party. 4. Overseas VISit Report, op.cit., p 2. -69- sizes in other courses and a wide range of inter-related factors." 1 Issues such as the establishment of an aeronautical engineering course at the Academy have met such difficulties in the past and are discouraging decisive action at present despite probable educational benefits and long-term cost saving advantages for the ADF. 2 The priority for Defence and the Government in the period 1979-81 had been to remove the debate surrounding the Academy from the public forum without conceding defeat. In this they were largely successful but in the process a barely man ageable institution was created. The price for the political expediency is now being paid by the staff and students as the Academy struggles to find its identity and priorities. Driven by a funding shortage, a long overdue corporate plan is at last being considered. It may provide the whole institution with the direction needed to improve its perform ance as a unified institution. 3 1. ibid. The report noted that the growth of the post-graduate student body (now over 400 students) may have adverse effects on the undergraduate student body by drawing away resources from the officer cadets. Initial forecasts limited the number of post-graduate students to 81 (see PWC pp 1470 - 1) while in 1989 the number of post graduate students for 1990 and beyond was set at 210 students See Department of Defence, ADFA Stage 2 Development: State ment ofEvidence to the Parlimnentary Standing Committee on Public Works (Canberra: Department of Defence, April1989), Annex A on ADFA file 86/85(3). By 31 March 1991 there were 338 postgraduate students. While this appears to be a clear example of poor forecasting, only 79 of these post-graduate students are full-time students while the other 259 were studying part-time. This equates to approximately 183 equivalent full-time students (EFI'S), well below the 1989 planning figure. It is, however, unclear whether the original planning figure was expressed in EFI'S or simply in total student numbers. (Source: University College, University ofNew South Wales, Postgraduate Enrolments as at 31 March 1991) Of greater concern is the pattern of undergraduate student distribution at the Academy. Staff student ratios in the three engi neering faculties varied from 1 teaching staff member for every 3 undergraduate students (Civil Engineering) to 1 teaching staff member for every 9 students (Electrical Engineering). The three engineering departments are staffed almost identically despite a considerable variation in undergraduate enrolments. At the same time almost as many aeronautical engineering students are completing their last two years of training at RMIT (26) as are enrolled in all four years of the Civil Engineering course (31 ). (All enrolment data was current on 3 September 1991) 2. Some of these difficulties are outlined in a Service paper by Officer Cadet RJ. Curtin "Aeronautical Engineer ing at the Australian Defence Force Academy'', Results 1990: A Collection ofCadet Writings (Canberra: AD FA, 1990), pp 51 ff. 3. The development of the corporate plan is being considered by the present Rector and Commandant. Present planning was initiated by the University of New South Wales which required the University College to comply with the university-wide requirement to develop corporate plans which, among other subjects, attempt to clearly spell out the aims and priorities of the Departments and, in AD FA's case, the University College. The involvement of the military organisation in the planning purpose was initiated by the Commandant after consultation with the Rector. -70- Epilogue Hopes for the Future Changes in the structure of tertiary education and an increasing pressure on Defence to become more efficient in the way its funds are spent, may result in some rationalisation in the future. The arguments confronting the Government in the 1970s from established universities about the almost sacred status of the word university in Casey University's title are now in the distant past. With many Colleges of Advanced Education and Institutes of Technology now called universities, the issue would appear to be one unlikely to arouse the emotions of previous decades. Growing confidence within Defence and among the general community about the quality of the Academy's academic product may provide assurance for the Academy's staff that the existing links with the University of New South Wales are not needed to protect their academic standing in the community. The fear of undue military interference in academic matters still exists but a carefully structured Academy Council, with powers to direct the Academy's chief executive officers, should be in a position to allay the fears of all concerned. This had, of course, been suggested by Dr Smith on behalf of the RMC Academic Staff Association in 1979. 1 Valuable lessons learnt since the establishment of the Academy, if applied to its future restructuring, may well result in an improved performance of the institution in terms of student success rates while becoming more capable of handling other tertiary educa tional requirements of the ADF. The first major step must, however, be that of over coming the lack of orientation the officer cadet feels on entry to the institution. Belong- 1. PWC, p 1688. -71- ing to two quite different and apparently separate institutions at the same time is a major cause of current problems. Any review of the Academy's operations could do worse than to start its examination with the evidence presented to the Public Works Committee, much of which appeared to have been ignored by both the Government and the Academy's planners with the presently less than satisfactory results. In particular, Dr Smith's suggestions of 1978 and 1979 that a minor adjustment of the Casey University Council would make the institution acceptable to other academics and tertiary institutions deserves consideration. Dr Millar's suggestion that single-Service training be conducted first to provide Academy students with a "strong grounding in their own Service" was based on a belief that an officer cadet's reason "for joining the Services must be first a desire to serve their country in their respective arm and only second to obtain a degree." 1 Not surprisingly the later Burns-Bradford study (1990) bore out the validity of this state ment. Miller continued by adding that before putting the taxpayer to the expense of giving them [the officer cadets] a · degree, they need to see whether they are suited for and like the life of a sailor, soldier or airman. 2 It must be remembered that Millar had the open support of Lieutenant General Dunstan (CGS) who saw this option as preferable to the Casey University proposal. 3 Only the Air ForGe saw difficulties in this for their Service, a fact acknowledged by 1. PWC, p 880. 2. ibid 3. PWC, p 1098. His first choice was, however, the continuation of the Duntroon . Faculty of Military Studies system then in operation. -72- General Dunstan at the Public Works Committee hearings. 1 Unfortunately, the Government and the Department of Defence, in their hurry to remove the Casey University issue from the public arena, did not fully examine Dr Millar's suggestions. The task of reversing the currently established training sequence would not be an easy one. Still, it has much to recommend it. Academy wastage rates would be more accept able, whatever the figures were. Since the Academy students have already passed their commissioning courses, any Academy student forced to leave the Academy because of academic failure, would simply take up a normal posting in the parent Service. The student would not be lost to the ADF as is the case for many students now. At the same time the Academy could provide opportunities for continuation and professional training while the benefits of a jgint Service environment may be more appreciated by officers who have already served in their parent Services than by officer cadets who tend to become confused by the mix of joint Service and academic environments. Importantly, the agreement between the Commonwealth and the University was not considered to be permanent. Mr Attwood made this clear when the stated in 1980 that the Department would be seeking an open-ended agreement which did not speci~ eventual autonomy but which at the same time left the possibility open. 1. The RAAF objections to such a scheme were based on the belief that their pilots would lose most of their skills during the three years of Academy education. It appears that the option of providing only a relatively short commissioning course before entry into the Academy as officers, had not been considered. Pilot training could then follow the degree course as it does now. 2. Defence Force Development Committee Minutes, no DM 110/5{767, p 12. Attwood was Deputy Secretary (A) of the Department of Defence at the time and had been leading the negotiations with the University of New South Wales. -73- The possible need to change the agreement was thus being considered throughout the negotiation process. The fact that the agreement was seen as open to future change no doubt helped to satisfy the Services that any problems with the hurriedly constructed arrangement could be sorted out in future. The Burns-Bradford Report and the recent visit report by Air Vice Marshal Bomball together with the close cooperation which exists between most groups at the Academy all point to a willingness amongst staff to consider positive changes to im prove the Academy's performance. The results achieved by overseas academies, partic ularly RMC in Kingston, and the good results achieved by the Australian single-Service colleges in the late 1970s and early eighties, should provide sufficient incentive for planners to try and overcome the structural defic~~ncies forced on the Academy by political circumstance. -74- Select Bibliography Ashenden, D. and Milligan, S. "The Best of Our Universities" The Independent Monthly, July 1991 " Babbage, R.; Ball, D.J.; O'Neill, R. The Development ofAustralian Amzy Officers for the 1980s (Canberra: ANU, 1978), Canberra Papers on Strategy and Defence No17 ""'- Beddie, B.D.An Education for Officers? (Canberra: ANU, Department of Political Science, Faculties of Arts and Economics, October 1984), Departmental Seminar Paper Bungey, H.H. (Chairman) Report Relating to the Proposed Construction of a Defence Force Academy in the Australian Capital Territory (Second Report of 1979) (Canberra: The Parliament of the Commonwealth of Australia Parliamentary Standing Committee on Public Works, 22 May 1979) Burns, J.C. and Bradford, R.E. Enhancement of the Perfomzance of Officer Cadets: Report of the Working Party Establishecfby the Commandant and the Rector at the Request of the Academy Council (Canberra: ADFA, 1990) "' Chapman, A. "Tri-Service Colleges" Australian Amzy Journa~ no 93, (February 1957) Curtin, R.J. "Aeronautical Engineering at the Australian Defence Force Academy", Results 1990: A Collection of Cadet Writings (Canberra: ADFA, 1990) Daw, H.L. "Casey University -Australian Defence Force Academi', Journal of the Australian Naval Institute vol4 (August 1978), pp 42 ff ' Francis, D.A. "The Political Development of the Australian Defence Force Academy", Defence Force Journal no 39 (March-April1983), pp 51 ff Funnell, R.G. "The Professional Military Officer in Australia: A Direction for the Future", Defence Force Journal no 23 (July- August 1980), pp 23 ff Killen, D.J.AnAnalysis of the Report by the Parliamentary Standing Committee on Public Works on the Proposed Construction of a Defence Force Academy, (Canberra: Ministerial Statement, March 1980) The Case for the Australian Defence Force Academy (Canberra: Ministerial Statement, Apri11980) Statement by the Han D.l Killen, M.P. Minister for Defence: The Defence Force Academy (Canberra: Ministerial Statement to the House of Representatives, 15 May 1980), ADFA Library BRN 168998 Kronenberg, V.J.; Smith, H. Civil-Military Relations in Australia: The Case of Officer Education, 1964-1980 (Canberra: ANU Strategic and Defence Studies Centre, 1981), Working paper 71 Martin, Sir Leslie (Chairman) Report by the Tertiary Education (Services' Cadet Colleges) Committee (Canberra: Department of Defence, January 1970) -75- McAllister, I.; Smith, H. and Moss, S.; The Survey of the Military Profession in Australia: Reporton Wavel(Canberra: ADFA, 1988) Pugh, R.W.O. Index of Faculty Resolutions 1968-1985 (Canberra: University ofNSW, Faculty of Military Studies, 10 February 1986) Pugh, R. W.O (Delegate) Military Academies: Problems and Prospects (Kingston: RMC of Canada, 1976) Symposium Papers Rowell, Lieutenant General S.F. "Where Does the Army Stand Today ?",Australian Army Journal No 68 (January 1955), pp 3 ff Report of the Education of Staff Cadets at the Royal Military College, Duntroon (Canberra, November 1946) Smith, W.H. "Educating the Guardians: The Politics of the Australian Defence Force Academy", Politics, vol19, no 1 (May 1984) The Education of Officers: Academy or University (Canberra: Department of Government, RMC Duntroon, April1974) Perspectives on the Military Career (Canberra: Department of Government, Faculty of Military Studies, University of New South Wales,1985) Tange, Sir Arthur Australian Defence: Report on the Reorganisation of the Defence Group ofDepartments (Canberra: Department of Defence, 1973) Report presented to the Minister for Defence, November 1973 Young, P. "The Greville Papers", Pacific Defence Reporter (August 1974) Agreement Between the Commonwealth ofAustralian and the University of New South Wales to Establish a University College Within the Australian Defence Force Academy (Canberra, 7 May 1981) Australian Defence Force Academy: Chronology of Considerations and Events Leading to the Establishment of the Australian Defence Force Academy (Canberra: I Ll ) I ) unpublished, ADFA Archives 85/327(1)) Australian Defence Force Academy Annual Reports (Canberra: ADFA), Annual reports for the years 1986, 1987, 1988, 1989 and 1990 published in the year following the report date. Casey University -Australian Defence Force Academy Bill1978 (Canberra: Australian Parliament, introduced 12 April, 1978) Minutes of Evidence Relating to the Proposed Construction of a Defence Force Academy in the Australian Capital Territory (Canberra: Parliamentary Standing Committee on Public Works, 1979), 4 volumes "Officer Development and the University Problem", Pacific Defence Reporter (April1979), pp 65 ff -76- Report of the Regular Officer Development Committee (Canberra: Department of Defence, May 1968), 6 volumes "The Australian Defence Force Academy- A Counter Point of View", Pacific Defence Reporter (December 1977- January 1978), pp 29 ff ANNEXA WASTAGE RATES- AUSTRALIAN DEFENCE FORCE ACADEMY 1986- 1990 Total Starting Numbers 1986 1987 1988 1989 1990 1991 Totals yearr-- 339 378 415 397 413 391 Year 2 172 259 276 281 279 310 Year 3 142 154 216 232 245 238 .. Totals 653 791 907 910 937 939 Graduates 123 129 184 201 218 0 RAN· YearT 90 102 117 112 106 118 Year 2 43 72 82 91 80 83 Year 3 14 38 65 68 76 73 Totals 147 212 264 271 262 274 Graduates 14 28 55 62 71 0 Ye ~r 144 142 166 159 152 137 Year 2 95 100 90.-- 93 109 105 Year 3 82 84 75 79 75 95 Totals 321 326 331 331 336 337 Graduates 64 71 57 67 64 0 RAAF Ye8r1 95 125 120 116 142 126 Year 2 27 76 96 88 83 114 Year 3 32 28 66 n 85 63 Totals 154 229 282 281 310 303 Graduates 32 26 63 66 76 0 Others Yearr-- 10 9 12 10 13 10 Year 2 7 11 8 9 7 8 Year 3 14 4 10 8 9 7 Totals 31 24 30 27 29 25 Graduates 13 4 9 6 7 0 Table 1 -Student Population at ADFA 1986- 1991 A-2 ~astage Numbers and Rate Year 1: 80 23.6% 102 27.~k 134 32.3% 118 29.7% 103 24.9% 537 Year 2: 18 10.5% 43 16.6% 44 15.9% 36 12.9% 41 14.rk 182 Year 3: 19 13.4% 25 16.2% 32 14.~k 31 12.7% 27 11.0% 134 Total : 117 17.9% 170 21.5% 210 23.2% 185 20.3% 171 18.2% 853 Year 1: 18 20.0% 20 19.6% 26 22.2% 32 28.6% 23 21.7% 119 Year 2: 5 11.6% 7 9.7% 1417.1% 15 16.5% 7 9.2% 48 Year 3: 0 0.0% 10 26.3% 10 15.4% 6 8.8% 5 6.6% 31 Total : 23 15.6% 37 i7.5% 50 18.9"k 53 19.6% 35 13.4% 198 Year 1: 44 30.6% 52 36.6% 73 44.0% 50 31.4% 47 30.9% 266 Year 2: 11 11.6% 25 25.0% 11 12.2% 18 19.4% 14 18.7% 79 Year 3: 18 22.0% 13 15.5% 18 24.0% 12 15.2% 11 14]k 72 Total : 73 22.7% 90 27.6% 102 30.8% 80 24.2% 72 21.4% 417 :Year 1: 19 20.0% 29 23.2% 32 26.7% 33 28.4% 28 19.7% 141 'Year 2: -1 ·3.7% 10 13.2% 19 19.~k 3 3.4% 20 23.5% 51 IYear 3: o o.~k 2 7.1% 3 4.5% 11 14.3% 9 10.6% 25 !Total : 18 11.7% 41 17.9% 54 19.1% 47 16]/. 57 18.4% 217 Year 1: ·1 -10.~k 11.1% 3 25.0% 3 30.0% 5 38.5% 11 Year 2: 3 42.9% 9.1% 0 0.0% 0 0.0% 0 0.0% 4 Year 3: 1 7.1% o o.~k 1 10.0% 2 25.~k 2 22.2% 6 Total : 3 9.rl. 2 8.3% 4 13.3% 5 18.5% 7 24.1% 21 Table 2- Wastage Rates 1986- 1990 Years Total RAN RAAF Total RAN ~ RAAF ~9~ ---y5) ~ ~ --"TI ~ 31:1:"9"1. . ~ 1987-89 177 40 75 59 46.8% 39.2% 52.~1. 47.2% 1988-90 197 46 102 44 47.5% 39.3% 61.4% 36.7% Totals 529 121 264 135 46.7% 39.?/. 58.4% 39.7% Table 3- Wastage Rate Over the Three Year ADFA Course (Intakes of 1966, 1987 and 1988) A-3 Army Four Year Yastaae - RMC Included (Yastage Rates Prov1 d by RMC) Year Oritnal Intake AOFA Graduates C011111issioned RMC YastageTotal Uastage Four Year Rate ~ 1 2 58 13 84 59.2% 1989 144 57 45 12 99 68.8% 1990 142 67 61 6 81 57.0% Totals: ~ ___j2i._ 164 __31_ __M_ 61.7% Table 4 - Wastage Rate for Army Over the Four Year Course Including RMC (Intakes of 1985, 1986 and 1987) Effect of Uastage Rate in Monetary Terms (1990 Costs) 50721 Year Cost $M -w-86 ~ 1987 $8.6 1988 $10.7 1989 $9.4 1990 $8.7 Based on a cost of $50721 per officer cadet per year. Neither military staff wages, single-Service training nor on-costs are included. Table 5- Cost of Student Wastage at ADFA (Each Student/Year is valued at $50721) A-4 Three Year Course Wastage Rates ADFA 1986, 1987 1888 Intakes 70.0% 60.0% ~~~~~~ 50.0% 40.0% 30.0% 20.0% 10.0% 0.0% 1986-88 1987-89 1988-90 Totals ·-·RAN Wastage Army Wastage ··•·· RAAF Wastage • Total Wastage Chart 1- Wastage Over Three Years at ADFA (1986, 1987 and 1988 Intakes) A-5 ANNUAL ADFA WASTAGE RATES 3 Year Course Totals 1986-90 70.0% 60.0% 50.0% Q) llD aj ~ "'aj ~ 40.0% Q) llD aj ~s:: 30.0% Q) () s.... Q) 0... 20.0% 10.0% 0.0% Total RAN Army RAAF Service Chart 2 - Comparison of Wastage Rates for the Services (1986, 1987 and 1988 Intakes) A-6 Cost of Wastage ( 1990 Ftg. 1986 1987 1988 1989 1990 Yee< Chart 3- Cost of Wastage from ADFA (1990 Dollars) 1986- 1990 ANNEX B THE PARLIAMENT OF THE COMMONWEALTH OF AUSTRALIA HOUSE OF REPRESENTATIVES (As read a first time) CASEY UNIVERSITY-AUSTRALIAN DEFENCE FORCE ACADEMY BILL 1978 TABLE OF PROVISIONS PART I-PRELIMINARY Clause 1. Short title 2. Commencement 3. Interpretation PART II-ESTABLISHMENT, FUNCTIONS AND POWERS OF THE ACADEMY 4:~. Establishment and incorporation of Academy 5.- Functions and duties of Academy 6. Powers of Academy 7. Military education and training PART III-THE COUNCIL AND CONVOCATION Division 1-The Council 8. The Council 9. Constitution of Council 10. Term of office II. Casual vacancies 12. Resignation 13. Disqualification 14. Vacation of office 15. Disclosure of interests 16. Meetings of the Council 17. Boards and committees 18. Delegation by Council 1,450/12.4.1978-14532/77 Cat. No. 78 4644 4-Recommendl:{i retail price SOc ii TABLE OF PROVISIONS-continued Division 2-Convocation Clause 19. Convocation PART IV-OFFICERS AND STAFF OF THE ACADEMY 20. Chancellor and Deputy Chancellor 21. Commandant and Vice-Chancellor 22. Responsibilities of Commandant and Vic<:-Chancellor 23. Terms and conditions of office of Vice-Chancellor 24. Acting Vice-Chancellor 25. Staff of the 'Academy 26. Academic staff 27. General staff 28. Milital)' staff 29. Rights of Public Servants PART V-STATUTES 30. Statutes 31. Statutes relating to traffic 32. Statutes relating to the sale of liquor 33. S!atutes to be approved by the Governor-Gene_f!!l and notified in the Gau/U PART VI-FINANCE 34. Moneys of Academy 35. Bank accounts 36. Power to enter into contracts 37. Estimates 38. Application and investment of moneys 39. Proper accounts to be kept 40. Audit 41. Taxation 42. Fees 43. Creation and administralion of trust funds PART VII-TRANSITIONAL PROVISIONS Dil•ision /-First Council 44. Firs! Council 45. Powers and funclions of Firs! Council 46. Mcelings of Firs! Council 47. Dissolution of Firs! Council Divi. PART VIII-MISCELLANEOUS 5~- Validity of proceedings 5'6. Applicalion of Air Accidems (Commonwealth Government Liability) Ac! 51. Contracts by Academy 58. Disposal of property 59. Inventions, &c., of members of the slaff and students of the Academy 60. Bonuses for discoveries by members of the staff or students of the Academy 61. Annual reporls and financial statemenls 62. Repeal of Part XV of the Defence Acl 63. Regulations 1978 THE PARLIAMENT OF THE COMMONWEALTH OF AUSTRALIA HOUSE OF REPRESENTATIVES Presented and read a first time, 12 April 1978 (Minister for Defence) A BILL FOR AN ACT To establish and incorporate a university as an academy associated with the Defence Force. BE IT ENACTED by . the Queen, and the Senate and House of Representatives of the Commonwealth of Australia, as follows: PART I-PRELIMINARY 1. This Act may be cited as the Casey University-Australian Defence Short title 5 Force Academy Act 1978. 2. This Act shall come into operation on a date to be fixed Commenco- by Proclamation. ment 3. In this Act, unless the contrary intention appears- Inter-. . pretatlon " academic staff" or " academic staff of the Academy " means the 10 .members of the staff of the Academy who are declared by the Statutes to be members of the academic staff of the Academy; " Academy " means the university referred to in section 4; " approved bank " means the Reserve Bank of Australia or another bank approved by the Treasurer for the purposes of the provision 15 in which the expression appears; 14532/77-l \ 2 No. C~ey University-Australian Defence Force Academy 1978 " Council '.' means the Council.of the Academy; " ex officio member " means a member referred to m paragraph 9 (I) (d), (e), (f), (g) or (h); "general staff" or "general staff of the Academy" means the mem- bers of the staff of the Academy other than- 5 (a) the members of the academic staff; or (b) the members of the military staff; " member " means a member of the Council; " military staff " means persons who are, in pursuance of arrangements made under section 28, made available to the Academy as members 10 of the military staff of the Academy;_-- " officer cadets " means members of the Defence Force, or of the armed forces of a country other than Australia, who are admitted to the Academy as officer cadets in accordance with the Statutes; "Statutes" means the Statutes of the~Academy made by the Council 15 under this AcL PART II-ESTABLISHMENT, FUNCTIONS AND POWERS OF THE ACADEMY Establish 4. (l) There is established by this Act a university in the Australian ment and Capital Territory by the name of" Casey University-Australian Defence 20 iocorpor ation of Force Academy". Acad«ny (2) The Academy shall consist of a Council, a Convocation and staff and students of the academy. (3) The Academy- (a) is a body corporate, with perpetual succession; 25 (b) shall have a common seal; (c) may acquire, hold and dispose of real and personal property; and (d) may sue and be sued in its corporate name. (4) The common seal of the Academy shall be kept in such custody as the Council directs, and shall not be used except as authorized by the 30 Council. (5) All courts, judges and persons acting judicially shall take judicial notice of the common seal of the Academy affixed to a document and shall presume that it was duly affixed. Plmctions 5. (I) The functions of the Academy are- 35 and duties of (a) to provide, in a military environment, a balanced and liberal Academy university education for officer cadets, being an education suit able to provide a foundation for the careers of those officer cadets as officers of the Defence Force; and (b) to encourage, and provide facilities for, post-graduate research 40 and study by the academic staff of the Academy, members of the Defence Force and such other persons or classes of persons as the Council determines. 1978 Casey University-Australian Defence Force Academy No. 3 (2) In conjunction with or in addition to the performance of its functions under sub-section (1), the Academy shall- (a) provide a university education, in such disciplines or fields as are prescribed by the Statutes, for members of the Defence Force 5 other than officer cadets and for such other persons or classes of persons as are prescribed by the Statutes; (b) provide military education and training for officer cadets for the purpose of developing the professional abilities, and the qualities of character and leadership, that are appropriate to officers of the 10 Defence Force; (c) ensure that the facilities and resources of the Academy are used for the promotion of scholarship and the advancement of learning; and (d) in such cases, to such extent, and on such conditions as the 15 Minister approves, provide a university education, and provide military education and training, for members of the armed forces of countries other than Australia. 6. (1) The Academy has power to do all things that are necessary or Powers of convenient to be done for or in connexion with the performance of its Academy 20 functions. (2) Without limiting the generality of sub-section (1), the Academy has power- (a) to enter into contracts; (b) to purchase, take on lease, or otherwise acquire, and to sell, 25 grant leases of, or otherwise dispose of. real or personal property; (c) to erect or demolish buildings: (d) to occupy, use and control any land or building owned or held under lease by the Commonwealth and made available for the purposes of the Academy; 30 (e) to employ such persons as are necessary for the efficient per- formance of its functions; (f) to award degrees (including honorary degrees), diplomas and certificates; (g) to make arrangements with other institutions and persons in 35 relation to the provision by the Academy of facilities for univers ity education or military education and training; (h) to make arrangements with other institutions for the services of employees of those institutions to be made available to the Academy, on terms and conditions set out in the arrangements, 40 to assist the Academy in the performance of its functions; and U) to accept gifts, bequests and devises made to the Academy, whether on trust or otherwise, and act as trustee of moneys or other property vested in the Academy upon trust. 4 No. Casey 'University-Australian Defence Force Academy 1978 Military 7. (!) The military education and training to be provided by the education and training Academy for officer cadets shall be as determined by the Chief of Defence Force Staff. (2) The military education and training referred to in sub-section (I) shall be conducted- · 5 (a) in conjunction with the provision by the Academy of university education for officer cadets; and (b) in accordance with arrangements made between the Council and the Chief of Defence Force Staff. PART Ill-THE COUNCIL AND CONVOCATION 10 Division /-The Council The Council 8. (l) The Academy shall be governed by a Council by the name of "Council of the Casey University-Australian Defence Force Academy". (2) All acts and things done in the name of, or on behalf of, the Academy by the Council or with the authority of the Council shall be 15 deemed to have been done by the Academy. Comtitution 9. (I) The Council shall consist of of Council (a) one Senator elected by the Senate; (b) one Member of the House of Representatives elected by that House; 20 (c) 6 persons appointed by the Governor-General, being persons who, in the opinion of the Governor-General, by their knowledge and experience can advance the development of the Academy; (d) the Chancellor; (e) the Commandant; 25 (f) the Vice-Chancellor; (g) the Secretary to the Department of Defence; (h) the following persons holding office under the Defence Act 1903: (i) the Chief of Defence Force Staff; (ii) the Chief of Naval Staff; 30 (iii) the Chief of the General Staff; and (iv) the Chief of the Air Staff; (j) one person appointed by the Minister for Education; (k) 2 professors of the Academy elected by the professors of the Academy; 35 (l) 2 members of the academic staff, not being professors of the Academy, elected by the members of that staff other than the professors; (m) one member of the general staff elected by the members of that staff; 40 1978 Casey University-Australian Defence Force Academy No. (n) one member of the military staff appointed by the Commandant; (o) one undergraduate student of the Academy, not being a full-time member of the staff of the Academy, elected by the undergraduate students of the Academy; 5 (p) one post-graduate student of the Academy, not being a full-time member of the staff of the Academy, elected by the post-graduate students of the Academy; (q) 2 members of Convocation, not being full-time members of the staff of the Academy, elected by the members of Convocation; and I 0 (r) persons not exceeding 3 in number appointed by the Council. (2) The Minister may, by notice in writing given to the Chancellor or to the Deputy Chancellor- __ (a) appoint an officer of the Department of Defence to be the deputy of the member referred to in paragraph (l) (g) for the purposes 15 of a particular meeting or meetings, or for the purposes of all meetings, of the Council that the member is unable to attend; or (b) appoint a member of the Defence Force to be the deputy of a member referred to in sub-paragraph (I) (h) (i), (ii), (iii) or (iv) for the purposes of a particular meeting or meetings, or for the 20 purposes of all meetings, of the Council that the member is unable to attend, and, where a member referred to in paragraph (l) (gJ or (h) is unable to attend a meeting of the Council for the purposes of which a person is his deputy in pursuance of such a notice, the deputy may attend the meeting 25 in his place and, for the purposes of the meeting, shall be deemed to be a member. (3) The statutes may declare that particular members or classes of members of the academic staff or particular members or classes of members of the general staff are not to be regarded as members of the academic JO swff or as members of the general staff, as the case may be, for the purposes of this sect1on. 10. (I) Subject to this Act, a member referred to in paragraph 9 (!)(a) Tenn of or (b) holds office for such period as is fixed by the House of the Parliament office by which he is elected at the time of the election. 35 (2) Subject to this Act, a member referred to in paragraph 9 (I) (c) holds office for such period, not exceeding 3 years, as is specified in his instrument of appointment, but is eligible for re-appointment. (3) Subject to this Act, a member referred to in any of paragraphs 9 (1) (j) to (r), inclusive, holds office for such period as the Statutes provide, 40 but, on the expiration of his term of office, is eligible for re-appointment or re-election as a member. (4) The Statutes may provide for retirement in rotation of members of a particular class. 11. In the event of a casual vacancy in the membership of the Council Casual 45 (including a vacancy arising from the appointment of a member to the vacancies 14532/77-3 \ 6 No. Casey University-Australian Defence Force Academy 1978 office of:Chancellor or Vice-Chancellor), a person shall be elected or appointed as a member in accordance with the appropriate paragraph of sub-section 9 (I), or, in such cases and in such circumstances as are specified in the Statutes, in such other manner as is prescribed by the Statutes, and the person so elected or appointed holds office, subject to 5 this Act,' for the remainder of his predecessor's term of office. Resignation 12. (1) A member referred to in paragraph 9 (1) (a) or (b) may resign his office as a .member by writing signed by him and delivered to the President of the Senate or the Speaker of the House of Representatives, as the case requires. 10 (2) A member referred to in paragraph 9 (I) (c) may resign his office by writing signed by him and delivered to the Governor-GeneraL (3) A member referred to in any of paragraphs 9 (1) (j) to {r), in clusive, may resign his office by writing signed by him and delivered to the Chancellor or to the Deputy Chancellor. 15 Disqualifi 13. (1) A person who- cation (a) has not attained the age of 18 years; (b) is bankrupt, has applied to take the benefit of any law for the relief of bankrupt or insolvent debtors, has compounded with his creditors or has made an assignment of his remuneration for 20 their benefit; or (c) is under sentence of imprisonment for an offence, is not capable of becoming a member. (2) Sub-section (I) does not apply in relation to an ex-officio member. Vacation of 14. (I) If a member (other than an ex-officio member)- 15 office (a) becomes a person referred to in paragraph 13 (I) (b) or (c); (b) is absent, without leave of the Council, from 3 consecutive meetings of the Council; (c) ceases to have the qualification by virtue of which he was elected or appointed; or 30 (d) without reasonable excuse, fails to comply with his obligations under section 15, the Governor-General shall remove him from office. (2) The Governor-General may remove a member other than an ex-officio member from office on the ground of misbehaviour or physical 35 or mental incapacity. Disclosure 15. (I) A member who has a direct or indirect pecuniary interest of interests in a matter being considered or about to be considered by the Council, otherwise than as a member of, and in common with the other members of, an incorporated company which consists of more than 25 persons 40 and of which he is not a director, shall, as soon as possible after the relevant facts have come to his knowledge, disclose the nature of his interest at a meeting of the Council. 1978 Casey University-Australian Defence Force Academy No. 7 (2) A disclosure under sub-section (1) shall be recorded in the minutes of the meeting of the Council and the member shall not be present during any deliberation of tl:te Council with respect to that matter. 16. (I) The Council shall hold such meetings as are necessary for the Mcc:tin8:s oe 5 efficient performance of the functions of the Academy. the Council (2) The Chancellor or, if the Chancellor is not available, the Deputy Chancellor- (a) may convene a meeting of the Council; (b) shall, on receipt of a written request signed by not less than 10 10 members, convene a meeting of the Council; and (c) shall comply with any resolution of the Council with respect to the convening of meetings of the Council. (3) If neither the Chancellor nor the Deputy Chancellor is available, either the Commandant or the Vice-Chancellor- 15 (a) may convene a meeting of the Council; (b) shall, on receipt of a written request signed by not less than lO members, convene a meeting of the Council; and (c) shall comply with any resolution of the Council with respect to the convening of meetings of the Council. 20 (4) The Chancellor shall preside at all meetings of the Council at which he is present. (5) If the Chancellor is not present at a meeting of the Council ( a) the Deputy Chancellor shall preside at that meeting; or (b) if the Deputy Chancellor is not present, the members present 25 shall appoint one of their number to preside at that meeting. (6) Subject to the Statutes, at a meeting of the Council 15 members constitute a quorum. (7) Questions arising at a meeting of the Council shall be determined by a majority of the votes of the members present and voting. 30 (8) The member presiding at a meeting of the Council has a delibera- tive vote and, in the event of an equality of votes, also has a casting vote. (9) The Council may regulate the conduct of proceedings at its meet ings as it thinks fit and shall keep minutes of those proceedings. 17. (I) The Council may, by resolution, establish such boards and Boards and 35 committees as it considers necessary and appoint persons (whether colll1Ilittces members or not) to constitute those boards and committees. (2) Boards and committees established in accordance with sub-section (1) shall have such functions and powers as the Statutes prescribe or, subject to the Statutes, as the Council determines. 8 No. Casey University-Australian Defence Force Academy 1978 Delegation 18. (1) The Council may, by resolution, either generally or as other- by Council wise provided by the resolution, delegate to- (a) a member of the Council; (b) a board or committee established by the Council; or (c) a member of the staff of the Academy, 5 any of its powers under this Act, other than this power of delegation and its power in relation to.the making of Statutes. (2) A power so delegated, when exercised by the delegate, shall, for the purposes of this Act, be deemed to have been exercised by the Council. (3) A delegation of a power under this section- 10 {a) may be revoked by resolution of the Council (whether or not constituted by the persons constituting the Council at the time the power was delegated); (b) docs not prevent the exercise of the power~y the Council; and (c) continues in force not withstanding a change in tile membership 15 of the Council. (4) Section 34A of the Acts Interpretation Act 190 I applies in relation to a delegation under this section as if the Council were a person. (5) A certificate signed by the Chancellor or the Deputy Chancellor stating any matter with respect to a delegation of a power under this 20 section is prima facie evidence of that matter. (6) A document purporting to be a certificate mentioned in sub-section (5) shall, unless the contrary is established, be deemed to be such a certifi cate and to have been duly given. Division 2-Com•ocation 25 Convocation 19. (I) Subject to sub-section (2), Convocation shall consist of- (a) the members and former members of the Council; (b) the graduates of the Academy; (c) the full-time members of the academic staff; (d) every officer or former officer of an arm of the Defence Force 30 who- (i) became such an officer by reason of his having graduated from, or completed a course of study or instruction at, the Royal Australian Naval College, the Royal Military College, the Royal Australian Air Force College or the 35 Royal Australian Air Force Academy; (ii) is a graduate of a university in Australia or elsewhere; and (iii) applies, by writing signed by him and delivered to the appropriate officer of the Academy, to become a member of Convocation; and 40 (e) such other persons or classes of persons as are admitted as members of Convocation in accordance with the Statutes. 1978 Casey University-Australian Defence Force Academy No. 9 (2) A member of Convocation may re~ign his membership by writing signed by him and delivered to the appropriate officer of the Academy. (3) For the purposes of sub-paragraph (1) (d) (iii) and sub-section (2), the appropriate officer of the Academy is the member of the staff of the 5 Academy for the time being declared by the Council to be the appropriate person to receive applications and resignations under this section. (4) The Council shall cause to be kept a roll of all members of Con vocation. (5) Meetings of Convocation shall be convened, and the business of I 0 Convocation shall be conducted, as provided by the Statutes. (6) Convocation shall have such functions, powers and duties as the Statutes provide. ' PART IV-OFFICERS AND STAFF OF THE ACADEMY 20. (1) Subject to sub-section (2)- ;:~~~ 15 (a) the Council shall appoint a person (whether a member or not) to CbanccUor be Chancellor of the Academy; and (b) the Council shall appoint a member to be Deputy Chancellor of the Academy. (2) Neither the Commandant nor the Vice-Chancellor shall be 20 appointed to the office of Chancellor or Deputy Char.cellor. (3) A person appointed as Chancellor- (a) holds office as Chancellor for such period, not exceeding 4 years, as is determined by the Council at the time of his appointment, but is eligible for re-appointment; and 25 (b) may resign his office as Chancellor hy writing signed by him and delivered to the appropriate officer of the Council. {4) A member appointed as Deputy Chancellor- (a) holds office for such period as is determined by the Council at the time of his appointment, being a period that does not exceed 30 3 years and expires on or before the expiration of his term of office as a member that is current at the time of the appointment, but, if he remains a member or is re-appointed or re-elected as a member, is eligible for re-appointment as Deputy Chancellor; (b) may resign his office as Deputy Chancellor by writing signed by 35 him and delivered to the appropriate officer of the Council; and (c) ceases to be Deputy Chancellor if he ceases to be a member. (5) The Chancellor and the Deputy Chancellor hold office on such respective terms and conditions as the Statutes prescribe or, subject to the Statutes, as the Council determines. lO No. Casey. University-Australian Defence Force Academy 1978 (6) For the purposes of paragraphs (3) (b) and (4) (b), the appropriate officer of the Council is the member for the time being declared by the Council to be the appropriate person to receive resignations for the purposes of the paragraph concerned. Commandant 21. (I) The officer of an arm of the Defence Force who is appointed 5 and V"ICO Olanoellor by the Chief of Defence Force Staff under sub-section 9 (4) of the Defence Act 1903 to command that part of the Defence Force that consists of officer cadets at the Academy, other members of the Defence Force who are full-time students at the Academy and the persons who are made available to the Academy in pursuance of arrangements made under 10 section 28 shall be the Commandant of the Academy:- (2) The Council shall appoint a person (whether a member or not) to be the Vice-Chancellor of the Academy. (3) The Commandant and the Vice-Chancellor shall be the chief executive officers of the Academy. 15 22. (I) The Commandant shall be responsible to the Council for the !bir~of Commandant conduct of the military education and training provided by the Academy, and V"ICO and shall have such other functions and duties as the Statutes prescribe Cbaooellor or, subject to the Statutes, as the Council determines. (2) The Vice-Chancellor shall be responsible to the Council for the 20 academic administration of the Academy and for the promotion of academic standards at the Academy, and shall have such other functions and duties as the Statutes prescribe or, subject to the Statutes, as the Council determines. (3) Subject to the Statutes and any directions of the Council, the 25 Commandant and the Vice-Chancellor shall be jointly responsible for all matters relating to the administration of the Academy other than matters for which either of them is separately responsible in accordance with sub-section (I) or (2). (4) Nothing in this Act derogates from the authority vested in the 30 Commandant to command that part of the Defence Force that is referred to in sub-section 21 (!). TcnDiand 23. (I) Subject to this Act, the Vice-Chancellor shall be appointed c:ood.itions of office for such period, and on such terms and conditions, as the Statutes pre- of VK» scribe or, subject to the Statutes, as the Council determines. 35 Olanoellor (2) A person who has attained the age of 65 years shall not be appoin ted or re-appointed as Vice-Chancellor and a person shall not be appointed or re-appointed as Vice-Chancellor for a period that extends beyond the date on which he will attain the age of 65 years. (3) The Vice-Chancellor may resign his office by writing signed by 40 him and delivered to the Chancellor or to the Deputy Chancellor. 1978 Casey University-Australian Defence Force Academy No. 11 24. (1) The Council may appoint a -person to act as Vice-Chancellor Acting Vice Chancellor (a) during a vacancy in the office of Vice-Chancellor, whether or not an appointm~nt has previously been made to the office; or (b) during any period., or during all periods, when the Vice-Chancellor 5 is absent from duty or from Australia or is, for any reason, unable to perform the functions of his office, but a person appointed to act during a vacancy shall not continue so to act for more than 12 months. (2) The Council may- 10 (a) determine the terms and conditions of appointment, including remuneration and allowances, of a person appointed to act as Vice-Chancellor; and (b) at any time terminate such an appointment. (3) Where a person is acting as Vice-Chancellor in accordance with 15 paragraph (I) (b) and the office of Vice-Chancellor becomes vacant while that person is so acting, that person may continue so to act until the Council otherwise directs, the vacancy is filled or a period of 12 months from the date on which the vacancy occurred expires, whichever first happens. 20 (4) The appointment of an acting Vice-Chancellor ceases to have effect if he resigns his appointment by writing signed by him and delivered to the Chancellor or to the Deputy Chancellor. (5) While a person is acting as Vice-Chancellor, he has and may exercise all the powers, and shall perform all the functions, of t/le Vice- 25 Chancellor, and for the purposes of paragraphs 16 (2) (b) and (5) (b) and sub-sections 16 (6) and (7) he shall be deemed to be a member. (6) The validity of anything done by an acting Vice-Chancellor shall not be called into question on the ground that- (a) the occasion for his appointment had not arisen; 30 (b) the appointment had ceased to have effect; or (c) the occasion for his acting as Vice-Chancellor had not arisen or had ceased. 25. (1) Subject to sub-section (2), the staff of the Academy shall consist Staff of the of persons who are employed by the Academy in accordance with para- Academy 35 graph 6 (2) (e) and persons who are made available to the Academy in pursuance of arrangements made under section 28. (2) Where the services of an employee of another institution are made available to the Academy in pursuance of an arrangement referred to in paragraph 6 (2) (h)- 40 (a) the Council may determine that the person shall be treated, while his services are so available to the Academy, as a member of the staff of the Academy for the purposes of such provisions of this Act as the Council specifies or, if the Council so determines, for the purposes of all the provisions of this Act; and 12 No. Casey 'unil•ersity-Austra/ian Defence Force Academy 1978 (b) a person in respect of whom s·uch a determination is in force shall be deemed for the purposes of the provisions of this Act specified in the determination, or for the purposes of all the provisions of this Act, as the case may be, to be a member of the staff of the Academy. · 5 Academic 26. (1) Subject to this section, the academic staff of the Academy shall Staff be employed on such terms and conditions as the Statutes prescribe or, subject to the Statutes, as the Council determines. (2) If there is in operation a determination by the Academic Salaries Tribugal of the salaries of the academic staff of t·lle Academy, the members 10 of the academic staff of the Academy shall be paid salaries in accordance with that determination. (3) In this section, "academic staff" does not include persons who are made available to the Academy in pursuance of arrangements made under section 28. 15 General staff 27. The general staff of the Academy shall be employed on such terms and conditions as the Statutes prescribe or, subject to the Statutes. as the Council determines. Military staff 28. The Council may make arrangements with the Chief of Defence Force Staff for members of the Defence Force, or members of the armed 20 forces of other countries who are attached to the Defence Force, to be made available to the Academy as members of the military staff of the Academy. Righu of 29. If the Vice-Chancellor or a full-time member of the staff of the Public Academy was, immediately before his appointment, an officer of the 25 Servanu Australian Public Service or a person to whom the Officers' Rig/us Declaration Act 1928 applied- (a) he retains his existing and accruing rights; (b) for the purpose of determining those rights his service as the Vice Chancellor or as a member of the staff of the Academy shall be 30 taken into account as if it were service in the Australian Public Service; and (c) the Officers' Rights Declaration Act 1928 applies as if this Act and this section had been specified in the Schedule to that Act. PART V-STATUTES 35 Statutes 30. (!)The Council may make Statutes, not inconsistent with this Act, with respect to any of the following matters: (a) the management, good goverwnent and discipline (other than military discipline) of the Academy; 1978 Casey University-Australian Defence Force Academy No. u (b) the method of any election (other than the election of a Senator or a Member of the House of Representatives as a member of the Council) provided for by this Act and the determination of questions arising !n relation to the conduct or result of such an 5 election; (c) the persons who are to be regarded as members of the academic staff of the Academy for the purposes of this Act; (d) the persons who are to be respectively regarded as undergrad- uate students of the Academy and post-graduate students of the 10 Academy for the purposes of this Act; (e) the convening and conduct of meetings, and the conduct of the business, of any boards and committees established by the Council; (f) the number and manner of appointment of deans, professors, 15 lecturers and other members of the staff of the Academy (other than persons who are made available to the Academy in pursuance of arrangements made under section 28); (g) the powers, functions and duties of members of the staff of the Academy; 20 (h) the admission and enrolment of students of the Academy; (j) the courses of academic study and instruction of the Academy; (k) the times, places and manner of holding lectures, classes and examinations and the number and character of those lectures, classes and examinations; 25 (I) the awarding by the Academy of degrees (including honorary degrees), diplomas, certificates and honours; (m) the granting by the Academy of fellowships, scholarships, exhibi tions, bursaries and prizes; (n) the admission of students of other universities or institutions of 30 tertiary education to any corresponding status at the Academy, and the admission, without examination, of graduates of those other universities or institutions to any corresponding degree or diploma of the Academy; (o) the establishment, management and control of libraries, labora- 35 tories and museums in connexion with the Academy; (p) with the approval of the Minister, the affiliation with the Academy of any educational or research establishment; (q) the control of the property of the Academy; 14 No. Casey University-Australian Defence Force Academy !978 (r) academic dress; and (s) any other matter required or permitted by this Act to be prescribed or provided by the Statutes or necessary or convenient to be prescribed or provided by the Statutes for carrying out or giving effect to this· Act. 5 (2) The Statutes may provide for empowering the Council, a member of the Council, a board or committee of the Council or a member of the staff of the Academy to make rules, not inconsistent with this Act or with any Statute, for regulating, or providing for the regulation of, any matter with respect to which a Statute may be made under sub-section (!), or 10 for carrying out or giving effect to Statutes made under that sub-section. Statuka 31. (l) The Council may make Statutes- relating to traffic (a) for or in relation to the regulation or control of traffic, or of the parking, stopping, standing or leaving, of vehicles on land oc cupied by the Academy in the Australian Capital Territory, 15 including Statutes authorizing, and providing for the effect, of signs and markings; and (b) providing for the punishment upon summary conviction by a fine not exceeding $100, of offences against such a Statute. (2) A Statute made under sub-section (I) shall not be inconsistent 20 with a law of the Australian Capital Territory, but shall not be taken t<.t be . inconsistent with such a law by reason only that it makes provision with respect to a matter dealt with by that law, being a provision that can be complied with without contravention of that law. Statutes 32. (l) The Council may make Statutes for and in relation to the sale, 25 relating to the sale of supply or disposal of liquor on premises in the Australian Capital Ter liquor ritory owned by or under the control of the Academy. (2) Where Statutes made under sub-section (l) in respect of premises of the Academy are in force, the law of the Australian Capital Territory relating to the sale, supply and disposal of liquor does not apply with 30 respect to those premises. (3) In this section, "liquor" means wine, spirits, ale, beer, porter, cider, perry, or any liquid containing alcohol ordinarily used or fit for use as a beverage. Statutes to 33. (I) The Council shall cause a Statute made under this Act to be 35 ~~ved sealed with the seal of the Academy and sent to the Governor-General Govcmor for approval. Gelcral and notified In (2) A Statute approved by the Governor-General shall be notified in the Gaur~~ the Gazette, and, upon notification, has the force of law. 1978 Casey University-Australian Defence Force Academy No. 15 (3) The Statutes shall be numbered consecutively in the order in which they are notified in the Gazette, and a notice in the Gazelle stating that a Statute has been made and specifying the number of the Statute and a place at which copies of the Statute may be purchased is sufficient 5 compliance with the requirement that the Statute is to be notified in the Gazette. (4) A copy of every Statute notified in the Gazette shall be laid before each House of the Parliament within 15 sitting days of that House after it is so notified. 10 (5) The production of 3. document purporting to be a copy of a Statute and to be sealed with the seal of the Academy or to have been printed by the Government Printer is, in all proceedings, prima facie evidence of the Statute. :- PART VI-FINANCE 15 34. (I) There are payable to the Academy such moneys as are appro- Moneys of priated by the Parliament for the purposes of the Academy. Academy (2) The Minister may give directions as to the amounts in which, and the times at which, moneys referred to in sub-section (1) are to be paid to the Academy. 20 35. (I) The Academy may open and maintain an account or accounts Banlc with an approved bank or approved banks, and shall maintain at all accounts times at least one such account. (2) The Academy shall pay all moneys of the Academy into an account referred to in this section. 25 (3) The Council shall ensure that any moneys received or held by the Academy upon trust are paid into an account that does not, or accounts that do not, contain any moneys of the Academy not held upon trust. 36. The Academy shall not, without the approval of the Minister, Power to enter into a contract involving the payment or receipt of an amount enter into 30 contracts exceeding $250,000 or, if a higher amount is prescribed by reg ulations, that higher amount. 37. (1) The Council shall prepare estimates, in such form as the Estimates Minister directs, of receipts and expenditure by the Academy for each 35 year and, if so directed by the Minister, for any other period, and shall submit those estimates to the Minister not later than such date as the Minister directs. (2) In this section, "year" means the period of 12 months com mencing on 1 January. 40 38. (I) Subject to sub-section (2), the moneys of the Academy (other Application and than moneys held by the Academy upon trust) shall be applied only- invesunent (a) in payment or discharge of the costs or expenses of the Academy of moneys under this Act; and 16 No. Casey University-Australian Defence Force Academy 1978 (b) in payment of any remuneration and allowances payable under this Act. (2) Moneys of the Academy (other than moneys held by the Academy upon trust) not immediately required for the purposes of the Academy may be invested- 5 (a) in securities of, or guaranteed by, the Commonwealth or a State; (b) on deposit with an approved bank; or (c) in any other manner approved by the Minister for Finance. (3) Moneys held by the Academy upon trust may be invested- (a) in any manner in which the Academy is authorized to invest 10 those moneys by the terms of the trust; or (b) in any manner in which trust moneys may, for the time being, be invested under the law of the Australian Capital Territory, but not otherwise. Proper 39. The C()uncil shall cause to be kept proper accounts and records 15 accounts to i:le kept of the transactions and affairs of the Academy (including transactions and affairs relating to moneys received or held by the Academy upon trust) and shall do all things necessary to ensure that all payments out of the moneys of the Academy (including moneys held by the Academy upon trust) are correctly made and properly authorized and that adequate 20 control is maintained over the assets of, or in the custody of, the Academy and over the incurring of liabilities by the Academy. Audit 40. (1) The Auditor-General shall inspect and audit the accounts and records of financial transactions of the Academy (including trans actions relating to moneys received or P..eld by the Academy upon trust) 25 and the records relating to assets of, or in the custody of, the Academy, and shall forthwith draw the attention of the Minister to any irregularity disclosed by the inspection and audit that is, in the opinion of the Auditor General, of sufficient importance to justify his so doing. (2) The Auditor-General may, at his discretion, dispense with all or 30 any part of the detailed inspection and audit of any accounts or records referred to in sub-section (1). (3) The Auditor-General shall, at least once in each year, report to the Minister the results of the inspection and audit carried out under this section. 35 (4) The Auditor-General or a person authorized by him is entitled at all reasonable times to full and free access to all accounts, records, documents and papers of the Academy relating directly or indirectly to the receipt or payment of moneys by the Academy (including moneys received or held by the Academy upon trust) or to the acquisition, receipt, 40 custody or disposal of assets by the Academy (including assets received or held by the Academy upon trust). 1978 Casey University-Australian Defence Force Academy No. 17 . (5) The Auditor-General or a person authorized by him may make copies of, or take extracts from, any such accounts, records, documents or papers. (6) The Auditor-General or a person authorized by him may require 5 any person to furnish him with such information in the possession of the. person or to which the person has access as the Auditor-General or authorized person considers necessary for the purposes of the functions of the Auditor-General under this Act, and the person shall comply with the requirement. 10 (7) A person who contravenes sub-section (6) is guilty of an offence punishable, upon conviction, by a fine not exceeding $200. 41. The Academy is not subject to taxation under any law of the Taxation Commonwealth or of a State or, except as prescribed by the regulations, under a law of a Territory. 15 42. (I) Fees are not payable to the Academy except as provided by Fees this section. (2) Fees are payable to the Academy- (a) in respect of such matters and subject to such exemptions as the Council, with the approval of the Minister, determines or the 20 Minister directs; and (b) at such rates as, subject to any directions of the Minister, the Council determines. 43. (I) The Council may create and administer trust funds for the Creation and purpose of carrying out the conditions on which any moneys are held on ~=:;t 25 trust by the Academy. funds (2) The Council may establish one or more investment funds for the collective investment of moneys held in separate trust funds created in accordance with sub-section (1). (3) The Council may, from time to time, without liability for breach 30 of trust- (a) pay into any such investment fund the whole or any part of the moneys held in a trust fund; and (b) withdraw from any such investment fund the whole or any part of the moneys in that fund that were paid into that fund from a 35 trust fund. (4) The Council shall not pay into an investment fund any moneys held in a trust fund- (a) if the instrument creating the trust expressly directs that moneys subject to the trust are not to be collectively invested with other 40 trust moneys; or 18 No. Casey University-Australian Defence Force Academy 1978. (b) unless'~ all the securities in which the capital of the investment fundi~ invested are securities in which the trust fund may properly be invested. (5) The Council shall periodically distribute the income from each investment fund among the tr1,1st funds participating in the investment 5 fund having regard to the extent of the participation by each trust fund in the investment fund during the relevant accounting period. (6) The Council may, if it considers it expedient to do so from time to time, add part of the income of an investment fund to the capital of that fund or use part of that income to establish or augment a fund or 10 funds as a provision against depreciation of the capital, or reduction in the income, of that investment fund. PART VII-TRANSITIONAL PROVISIONS Division ]-First Council First 44. (I) For the purpose of facilitating the establishment of the 15 Council Academy, there shall be a First Council, which shall be constituted in accordance with this section. (2) Subject to sub-section (5), the First Council shall consist of (a) one Senator elected by the Senate; (b) one Member of the House of Representatives elected by that 20 House; and (c) such other persons as the Minister appoints. (3) The Minister shall appoint one of the members of the First Council to be Chairman of the First Council. (4) The members of the First Council shall appoint one of their 25 number to be Deputy Chairman of the First Council. (5) If the First Council appoints a person to be Chancellor of the Academy, then, on the date on which that appointment takes effect- (a) the member of the First Council appointed to be Chairman of the First Council under sub-section (3) ceases to hold office as 30 Chairman; and (b) the person appointed as Chancellor becomes a member, and also becomes the Chairman, of the First Council. (6) A member of the First Council referred to in paragraph (2) (a) or (b)- 35 (a) may resign his office as such a member by writing signed by him and delivered to the President of the Senate or the Speaker of the House of Representatives, as the case requires; (b) may be removed from his office as such a member by resolution of the House of the Parliament by which he was elected; and 40 1978 Casey University-Australian Defence Force Academy No. 19 (c) ceases to hold office as such a member if he ceases to be a Senator or a Member of the House of Representatives, as the case may be. (7) A member of the First Council (other than the Chancellor and a member of the First Council referred to in paragraph (2) (a) or (b)) holds 5 office during the pleasure of. the Minister and may resign his office by writing signed by him and delivered to the Minister. (8) A member of the First Council who holds office as Chairman by virtue of sub-section (3) may resign his office as Chairman by writing signed by him and delivered to the Minister. 10 (9) The Deputy Chairman of the First Council may resign his office as Deputy Chairman by writing signed by him ~nd delivered to the Chairman. · 45. (!) In accordance with arrangements made from time to time Powen and with the Minister, the First Council shall do such things as it considers ~~~ns 15 necessary in connexion with the establishment of the Academy and the Council commencement of the functions of the Academy, and for that purpose the First Council has all the powers and functions of the Council other than the powers and functions of the Council under paragraph 9 (1) (r) and paragraph 20 (I) (b) and anything done by the First Council in the exercise 20 or performance of those powers or functions shall be deemed to have been done by the Council. (2) While the First Council is in existence no meetings of the Council may be convened but references to the Council in any other Part (other than references in the definitions of " Council" and " member" in 25 section 3, in sub-section 8 (1), in sections 9, 11, 14 and 16 and in paragraphs 19 (I) (a). 20 (I) (b) and 30 (1) (b)) shall be read as references to the First Council. 46. (I) The Minister may convene meetings of the First Council. Meetings of First (2) The Chairman, or, if there is no Chairman or the Chairman is Council 30 not available, the Deputy Chairman, may convene meetings of the First Council. (3) The Chairman shall preside at all meetings of the First Council at which he is present. (4) If there is no Chairman or the Chairman is not present at a meeting 35 of the First Council- (a) the Deputy Chairman shall preside at that meeting; or (b) if the Deputy Chairman is not present, the members of the First Council present shall appoint one of their number to preside at that meeting. 40 (5) At a meeting of the First Council, a majority of the members for the time being of the First Council constitute a quorum. 20 No. Caj,ey University-Australian Defence Force Academy 1978 (6) Questions arising at a meeting of the First Council shall be deter mined by a majority of the votes of ·the members of the First Council present and voting. (7) The member of the First Council presiding at a meeting of the First Council has a deliberative vote and, in the event of an equality of 5 votes, also has a casting vote. (8) The First Council may regulate the conduct of proceedings at its meetings as it thinks fit and shall keep minutes of those proceedings. Dissolution 47. When, in the opinion of the Minister, a sufficient number of mem of First Council bers have been appointed or elected to the Coun_<::_il to enable the Council 10 to commence to govern the Academy, the Minister may, by instrument signed by him and published in the Gazette, declare that the First Council is to be dissolved upon the expiration of a specified day and, upon the expiration of that day, the First Council shall cease to exist. Division 2-0ffers of Employment to Certain Persons 15 Inter· 48. In this Division- pretation " approved person " means- (a) a person who, immediately before such date as the Minister, after consultation with the First Council or the Council, fixes by notice .published in the Gazette, is a prescribed 20 university employee; or (b) a prescribed Public Service employee; " prescribed Public Service employee " means a person who is an officer or employee for the purpose~ of the Public Service Act 1922, holds a teaching position at the Royal Australian Air Force 25 Academy 01 the Royal Australian Naval College and- ( a) before the establishment of the First Council, is notified in writing by or on behalf of the Minister that the Minister considers him to be suitable for employment as a member of the academic staff of the Academy; or 30 (b) is notified in writing by or on behalf of the First Council that the First Council considers him to be suitable for employment as a member of the academic staff of the Academy; ··prescribed university employee" means a person who- 35 (a) holds a salaried office or position in, or is employed by, the University of New South Wales in the Faculty of Military Studies at the Royal Military College; (b) is an officer or employee for the purposes of the Public Service Act 1922 and is employed in teaching at the Royal 40 Military College; or 1978 Casey University-Australian Defence Force Academy No. 21 (c) holds a salaried office or position in, or is employed by, the University of Melbourne in -connexion with the Royal Australian Air Force Academy. 49. The First Council, or, if .the First Council has ceased to exist, Offen of 5 the Council, shall, not later than the date on which the Academy com employment mences to perform the function referred to in paragraph 5 (1) (a), make to each appt'oved person an offer of employment by the Academy. 50. (1) The terms and conditions on which an offer of employment is Terms and conditioas to be made under section 49 to a person referred to in paragraph (a) of otrcn to 10 of the definition of "approved person" in section 48 shall be not less prescribed favourable than the terms and conditions upon which--that person was university employees employed immediately before the offer was made (in th;s section referred to as the " terms and conditions of his existing employment "). (2) Where- 15 (a) an offer of employment to which sub-section (I) applies has been made to a person; and (b) before the offer is accepted and while the offer remains open, the terms and conditions of his existing employment are altered so that those terms and conditions become more favourable than the 20 terms and conditions on which he would be employed by the Academy if the offer were accepted, the First Council, or the Council, as. the case may be, shall, as soon as practicable after the alteration takes place, make to that person: a further offer of employment by the Academy on terms and conditions not less 25 favourable than the altered terms and conditions of his existing employment. (3) Where- (a) a person has entered into a contract of employment with the Academy by reason of his accepting an offer to which sub-section 30 (I) applies; and (b) before the commencement of the employment of that person by the Academy in pursuance of the contract, the terms and conditions of his existing employment are altered so that those terms and conditions become more favourable than the terms 35 and conditions of his proposed employment under the contract, the First Council, or the Council, as the case may be, shall, as soon as practicable after the alteration takes place, make to that person an offer to vary the terms and conditions of his employment under the contract so that those terms and conditions will be not less favourable 40 than the terms and conditions of his existing employment as so altered. {4) A reference in this section to terms and conditions of employment includes a reference to terms and conditions as to remuneration and dura tion of employment bu~ does not include a reference to terms and con ditions prescribing the duties or status of the employment. 22 No. Casey University-Australian Defence Force Academy !973 Offers of 51. Where a' person who- employment to persons (a) is an officer or employee for the purposes of the Public Service other than Act 1922 and holds a teaching position at the Royal Australian approved persons Air. Force Academy or the Royal Australian Naval College; and (b) is not a prescribed Public Service employee, 5 satisfies the First Council or, if the First Council has ceased to exist, satisfies the Council, that he has qualifications or experience that make him suitable for employment as a member of the academic staff of the Academy, the First Council or the Council, as the case may be, shall make an offer of employment by the Academy to that person. 10 Further 52. Where- offers of employment (a) a prescribed Public Service employee has been made an offer of to prescribed employment by the Academy under section 49; and Public Service (b) that person satisfies the First Council or, if the First Council has employees ceased to exist, satisfies the Council, that the terms and conditions I 5 of employment specified in the offer were less favourable than they should have been having regard to that person's qualifications or experience, the First Council or the Council, as the case may be, shall make to that person a further offer of employment by the Academy on terms and 20 conditions more favourable than those specified in the first offer. Period of 53. An offer made under this Division remains open- offers (a) in the case of an offer referred to in section 49 or 51-for a period of 12 months from the date of making of the offer; (b) in the case of an offer referred to in sub-section 50 (3)-for a 25 period of 3 months from the date of making of the offer; or (c) in the case of a further offer referred to in sub-section 50 (2) or section 52-for the period for which the earlier offer referred to in that sub-section or that section remains open or for a period of 3 months from the date of making of the further offer, whichever 30 period expires last, and, if not accepted before the expiration or that period, ,hall be deemed to be withdrawn at the expiration of that period. Transitional 54. (I) lf- allowance payable to (a) a person is employed by the Academy under a contract resulting 35 certain from his having accepted an offer of employment made under employees of the Acadernv section 49, 51 or 52; (b) the person was, immediately before he commenced to be employed by the Academy, an officer or employee for the purposes of the Public Service Act 1922 and held a teaching position at the Royal 40 Australian Air Force Academy or the Royal Australian Naval College; and 1978 Casey University-Australian Defence Force Academy No. 23 (c) the rate of the remuneration (in this .sub-section referred to as the " present rate ") that is for the time being payable to the person in respect of his employment by the Academy is less than the rate of the remuneration (in this sub-section referred to as the 5 " previous rate") that, immediately before he commenced to be employed by the Academy, was payable to him as an officer or employee as mentioned in paragraph (b) (disregarding any part of that last-mentioned remuneration that was in the nature of a higher duties allowance or was otherwise payable for reasons of 10 a temporary nature), the Academy shall pay to the person an allowance at a rate equal to the difference between the present rate and the previous rate:- (2) In this section, " remuneration " includes any annual allowance. PART VIII-MISCELLANEOUS 15 55. No act or proceeding of the Council or Convocation or of the Validity of members of, or any board or committee of the Council shall be invalidated procceding3 by reason of- (a) a defect in the appointment or election of any member of the Council, of Convocation or of any such board or committee; 20 (b) a disqualification of any of those members; (c) a defect in the convening of any meeting; or (d) a vacancy or vacancies in the membership of the Council or of any such board or committee. · 56. The Academy shall be deemed to be a Commonwealth authority Application 25 for the purposes of the Air Accidents (Commonwealth Government Liability) of Air Accident! Act 1963. (Common wealth Government Liability) Act 57. (I) A contract to be made by the Academy, being a contract that, Contract! by if made by a natural person, would be by law required to be in writing Academy under the seal of that person, may be made on behalf of the Academy in 30 writing under the common seal of the Academy. (2) A contract to which sub-section (I) does not apply may be made on behalf of the Academy by any person acting with the authority of the Council, express or implied, and, where such a contract is made in writing, it may be executed on behalf of the Academy by that person. 35 58. The Academy shall not, without the approval of the Minister, sell, Disposal of lease or otherwise dispose of, or mortgage or charge, any interest in land property vested in the Academy. 59. (l) Any discovery, invention or improvement of or in any process, Inventions, apparatus or machine made by a member of the staff of the Academy in &c., of members of 40 the course of his duties as such a member, or made by a student of the the staff and Academy in the course of his studies or research as such a student, is the students of property of the Academy and may be made available by the Academy on the Academy 24 No. Casey 'University-Australian Defence Force Academy 1978 such conditions, and on payment of such fees or royalties, or otherwise, as the Academy determines. (2) A member of the staff of the Academy or a student of the Academy shall not, except with the ronsl!nt in writing of the Council, make applica- tion for a patent for an invention- 5 (a) that is made by him in the course of his duties as such a member, or in the course of his studies or research as such a student, as the case may be; or (b) that relates to any matter or work connected with those duties or studies or that research. 10 Boni1Se3 for 60. The Council may pay to members of the staff of the Academy or discoveries by members to students of the Academy such bonuses as the Council determines in of the staff respect of useful discoveries, inventions or improvements of a kind referred or atudents to in sub-section 59 (!) that are made by those members of the staff or of the Academy by those students. 15 Annual 61. (I) The Council shall, as soon as practicable after 31 December reports and financial in each year, prepare a.nd furnish to the Minister a report of the operations lf.iltcments of the Academy during the year that ended on that date, together with financial statements in respect of that year in such form as the Minister for Finance approves. 20 (2) Before furnishing financial statements to the Minister, the Council ~1 submit them to the Auditor-General, who shall report to the Minister- (a) whether the statements are based on proper accounts and records; (b) whether the statements are in agreement with the accounts and 25 records; (c) whether the receipt, expenditure and investment of moneys, and the acquisition and disposal of assets, by the Academy during the year to which those statements relate (including moneys or assets received or held by the Academy upon trust) have been in 30 accordance with this Act; and (d) as to such other matters arising out of the statements as the Auditor-General considers should be reported to the Minister. (3) The Minister shall cause copies of the report and financial state ments of the Council, together with a copy of the report of the Auditor- 35 General, to be laid before each House of the Parliament within 15 sitting days of that House after their receipt by the Minister. Repeal or 62. On and after a date to be fixed by the Minister by notice published Part XV of the in the Gazette, Part XV of the Defence Act 1903 is repealed. Defence Act ·Regulations 63. The Governor-General may make regulations, not inconsistent 40 with this Act, prescribing all matters required or permitted by this Act to be prescribed by regulations. ANNEX C 2. Agreement between the Commonwealth and the University Agreement between the Commonwealth of Australia and the University of New South Wales to establish a University College within the Australian Defence Force Academy, 7th May 1981. THIS AGREEMENT is made this Seventh day of May One thousand nine hundred and eighty-one between- THE COMMONWEALTH OF AUSTRALIA (in this agreement called "the Commonwealth") of the one part; and THE UNIVERSITY OF NEW SOUTH WALES (in this agreement called "the University") of the other part. WHEREAS- (A) the Commonwealth. acting through the Department of Defence. has decided to establish an Australian Defence Force Academy at which officer cadets for each arm of the Defence Force will be educated and trained: (B) the Commonwealth wishes to continue at the Academy the tradition of co-operation in the university education and military training of officer cadets successfully developed under arrangements at the Royal Australian Naval College, at the Faculty of M11itary Stud1es at the Royal Military College and at the Royal Australian Air Force Academy. (C) the Commonwealth and the University are agreed that it would be appropriate for that un1vers1ty educatiOn at the Academy to be provided by the University: (D) the University is incorporated by the Un1versity of New South Wales Act. 1966 of the Parl1ament of New South Wales and by section 18 of that Act the Council of the University is empowered. if it deems fit and the Min1ster for Education of the State approves. to establish and maintain a college of the University; and (E) the Council deems it fit and the Minister for Education has approved that a College of the Un1vers1ty be established withm the Academy. NOW HEREBY AGREED as follows: PART 1-INTERPRETATION 1.1 In th1s Agreement unless the contrary intention appears- "academic staff" or "academic staff of the University at the College" means the members of the staff at the College who are declared by the University Council to be members of the academic staff at the College: "general staff" or ··general staff of the University at the College" means the members of the staff of the University at the College other than academ1c staff. 'the Academy" means the Austral1an Defence Force Academy to be established by the Commonwealth m accordance w1th th1s agreement: "the Academy Counc1r· means the Council of the Academy conslttuted as provided for by th1s agreement: ··the College" means the Un1vers1ty College to be established by the University within the Academy m accordance with th1s agreement. "the Department" means the Department of Defence of the Commonwealth: and "the Un1vers1ty Counc,r· means the Council of the Univers1ty 1.2 In th1s agreement. unless the context otherw1se indicates or reqUires- (a) a reference to a Part or to a clause 1s a reference to the relevant Part or clause of th1s agreement and a reference to a sub-clause •s a reference to the relevant sub-clause of the clause m wh1ch the reference appears. (b) words •n the smgular number mclude the plural and words .n the plural number mclude the s•ngular. and (c) words wh1ch 1mport any gender mclude every gender 3 Agreement 1.3 '\ (1) A reference in this agreement to the Minister for Defence shall include any other Minister of State of the Common wealth who is for the time being acting for or on behalf of that Minister. (2) A reference in this agreement to a person holding an office of the Academy or of the University shall. where the context permits, include a person who is for the time being carrying out the duties of that office PART 2-0PERATION OF AGREEMENT 2.1 This agreement shall come into force upon its execution by the parties. 2.2 The entering into of this agreement shall not, except as is expressly provided heretn or may be consequenttal upon the operation of the provisions hereof, affect the continuance in operation until the date on which the Academy commences to function in accordance with clause 3.2 of this Agreement of either- (a) the Agreement between the Minister for Defence and the University dated 17 January 1977 relattng to the existing Faculty of Military Studies at the Royal Military College, Duntroon ("the Faculty Agreement"); or (b) the Agreement concluded on or about April 1978 between the University and the Minister for Defence relating to the association of the Royal Australian Naval College with the University. 2.3 The Commonwealth shall ensure that the arrangements for the affiliation of the Royal Australian Air Force Academy with the University of Melbourne are terminated prior to the date on which the Academy commences to function in accordance with clause 3_2. PART 3-ESTABLISHMENT OF THE ACADEMY 3.1 The Commonwealth, acting through the Department, shall establish the Academy. The Academy shall consist of the military component referred to in Part 4 and the College of the University referred to in Part 5. 3.2 The Commonwealth and the University acknowledge and accept for the purposes of this agreement that the essential aims of the Academy shall be- (a) to provide military education and training of officer cadets for the purpose of developing the professional abilities and the qualities of character and leadership that are appro[3fiate to officers of the Defence Force; and (b) to provide for officer undergraduates and, by way of foundation for their careers as officers of the Defence Force. officer cadets a balanced and liberal university education in a military environment. PART 4-THE MILITARY COMPONENT 4.1 The function of the military component shall be- (a) to provide military education and training for officer cadets and other members of the Defence Force as dtrected by the Chief of Defence Force Staff; (b) to develop and maintain the military environment of the Academy as directed by the Chief of Defence Force Staff; and (c) subject to the approval of the Minister for Defence, to provide military education and training for members of the Armed Forces of countries other than Australia. 4.2 The military component shall be under the command of a serving officer of the Defence Force to be known as the Commandant. 4.3 Admission of students to the military component shall be as determined by the Chief of Defence Force Staff and shall be conditional on their admission to the College. PART 5-THE UNIVERSITY COLLEGE 5.1 The University shall accept responsibility for the academic integrity of the Academy and for thts purpose shall. m pursuance of the University of New South Wales Act, 1968, as amended, establish within the ambit of the Academy and maintain in accordance with the provisions of this agreement a College of the University. 5.2 The College shall be known as University College. 5.3 The functions of the College shall be- {a) to provide university undergraduate education for (i) officer cadets; (it) other members of the Defence Force; {tii) members of the Armed Forces of another Country approved for this from time to time by the Mm1ster. (iv) any person whom the Minister for Defence and the University determine should be admitted as a student of the College; and (v) such other person or persons included in a class of persons determined from time to time by the M1n1ster for Defence and the University to be a class of persons who should be admitted as students of the College; 4 Agreement rn those d1scipl,nes and fields offered in the Faculty of Military Studies under the Faculty Agreement prov1ded that changes m the range of disciplines and fields offered may be made by agreement between the Unrvers1ty and the Min1ster for Defence: and (b) to foster and make provision for the undertaking of higher studies and the carrying out of research. including work which may lead to the award of a higher degree, by any person considered appropriate by the Un1versity 5.4 (1) The College shall have a chief executive to be known as the Rector. (2) The Rector shall be appointed by the University and shall be responsible to the Vice-Chancellor for the management and superv1s1on of the financial and administrative activities of the College. The Rector shall have such other powers duties and functions in relat1on to the College as the University Council may determine 5.5 Admission of students to the College shall be in accordance with academic criteria from time to time determined and applied by the University. PART 6-THE ACADEMY COUNCIL 6.1 A counc11 to be known as the Australian Defence Force Academy Council shall be established for the purposes of (a) adv1smg the Minister for Defence on the development and operation of the Academy; and (b) advismg the University on matters relating to the development and operation of the College. with particular reference to policy, current activities and future operations. 6.2 the Academy Council shall be required to report at least annually to the Minister for Defence and to the University. 6.3 (1) The membership of the Academy Council shall consist of- (a) the person appointed by the Minister for Defence, after consultation with the Vice-Chancellor. to be Chair of the Academy Council: (b) the Vice-Chancellor of the University; (c) the Secretary to the Department of Defence; (d) the following persons holding office under the Defence Act 1903- (1) the Chief of Defence Force Staff: (ii) the Chief of Naval Staff: (111) the Chief of the General Staff: and (iv) the Chief of the Air Staff: (e) the Commandant; (f) the Rector: {g) the Chair of the Academic Board of the University; (h) 3 members of the academ1c staff of the College elected by the academic staff of the College: (i) one member of the general staff of the College elected by the members of that staff: U) 2 members ot the University appomted by the Council of the University: (k) one member of the military staff of the Academy appointed by the Commandant; (I) one graduate of the Umverslty from the College, being neither a full-t1me member of the staff of the College nor of the military component of the Academy nor a member of the Academy Council. elected by the graduates of the Univers1ty from the College: {m) one full-t1me undergraduate student of the College. being ne1ther a full-t1me member of the staff of the College nor of the military component of the Academy, elected by the undergraduate students of the College: (n) one postgraduate student of the College. being neither a full-time member of the staff of the College nor of the military component of the Academy. elected by the postgraduate students of the College: and {o) persons not exceeding 3 in number. none of whom is a member of the Academy Council. appo1nted by the Minister for Defence after consultation with the Vice-Chancellor. (2) The Secretary to the Department of Defence may. by notice m writmg g1ven to the Cha1r of the Academy Council designate an off,cer of the Department to be his substitute lor the purposes of a part1cular meetmg or meetings. or tor the purposes of all meet1ngs. of the Counc1l that he 1s unable to attend. (3) A member referred to in sub-paragraphs (1 )(d)(i). (ii). (iii). or (1v) may by not1ce in wril!ng g1ven to the Cha1r of the Academy Counc11 des1gnate a member of the Defence Force to be his subst1tute for the purposes of a particular meeting or meetmgs. or for the purposes of all meetmgs. of the Council that he IS unable to attend. (4) The v,ce-Chancellor may. by notice m writing given to the Chair of the Academy Counc1l. des,gnate a member of the University to be h•s subsl1tute for the purposes of a particular meeting or meetmgs. or for the purposes of atl meetings. of the Academy Counc•l that he 1s unable to attend 5 Agreement '~5) Where a member referred to in paragraph (1 )(b), (c) or (d) is unable to attend a meeting of the Council for the purposes of which a person is his substitute in pursuance of such a notice, the substitute may attend the meeting in his place and. for the purposes of the meeting, shall be deemed to be a member. (6) The persons to be elected to the Academy Council shall be elected in accordance with such of the procedures and for such term stipulated in the By-laws of the University as the Registrar of the University determines are appropriate. 6.4 (1) The term of office of persons appointed to be members of the Academy Council shall be for such period not exceeding three years as is specified in the instrument of their appointment. (2) Persons appointed members of the Academy Council shall be eligible for re-appointment upon the expiration of the period of their appointment. 6.5 In the event of a casual vacancy in the membership of the Academy Council a person shall be elected or appointed as a member in accordance with the appropriate paragraph of 6.3(1) and the person so elected or appointed holds office, subject to this Agreement, for the remainder of his predecessor's term of office. 6.6 There is a casual vacancy in the office of an appointed or elected member of the Academy Council if (a) he dies; (b) he resigns his office by writing under his hand addressed, in the case of an appointed member, to the Minister or. in the case of an elected member, to the Vice-Chancellor of the University; (c) he becomes a bankrupt, applies to take the benefit of any law for the relief of bankrupt or insolvent debtors. compounds with his creditors or makes an assignment of his remuneration for their benefit; (d) he is under sentence of imprisonment for an offence; (e) he ceases to have the qualification by virtue of which he was elected or appointed; and (f) he is appointed to a position referred to in paragraph 6.3(1) other than that by virtue of the appointment or election to which he became originally a member of the Academy Council. 6.7 The procedure for calling meetings of the Academy Council, the procedure at those meetings and the number of meetings each year shall be such as is determined by the Academy CounQil. 6.8 The quorum at a meeting of the Academy Council shall be ten. 6.9 If the Chair is absent at a meeting of the Academy Council the members present at the meeting shall elect a chair for that meeting. 6.10 Questions arising at a meeting of the Academy Council shall be determined by a majority of the votes of the members present and voting. 6.11 The member presiding at a meeting of the Academy Council has a deliberative vote and, in the event of an equality of votes. also has a casting vote. 6.12 The Academy Council may regulate the conduct of proceedings at its meeting as it thinks fit and shall keep minutes of those proceedings. 6.13 The Academy Council may, by resolution, establish such boards and committees as it considers necessary and appoint persons (whether members or not) to constitute those boards and committees. 6.14 Boards and committees so established shall have such of its functions as the Academy Council determines. PART ?-ADMINISTRATIVE ARRANGEMENTS AND STAFF 7.1 The Commandant shall be the chief executive responsible to the Chief of Defence Force Staff or the Secretary to the Department or both, as appropriate, for the control and management of the Academy other than for those activities that are the responsibility of the University. 7.2 The Department shall determine the staffing arrangements for the administration of the military component of the Academy. 7.3 The University shall determine the staffing arrangements for the administration of the College. 7.4 The Department and the University shall make arrangements for administrative services to be provided as far as practicable in common to the military component and the College in order to achieve maximum economy and effectiveness 7.5 (1) All appointments to the academic staff of the University at the College other than those provided for by clause 7.6 shall be made by the University in accordance with and subject to the provisions of the University of New South Wales Act. 1968 and upon terms and conditions that apply to respective relevant classifications elsewhere in the University. (2) All appointments to the general staff of the University at the College other than those provided for by Clause 7.6 shall be made by the University in accordance with and subject to the provisions of the University of New South Wales Act. 1968 and upon terms and conditions adopted by the University. 7.6 The provisions of the Schedule to the agreement shall apply and shall be carried out and observed by the University with respect to persons who are approved persons as defined in that Schedule and to the employment of those persons at the College. 6 Agreement '\ PART 8----,FACILITIES AND FUNDING 8.1 (1) The Commonwealth shall, after consultation between the University and the Department- (a) make available for use by the University such buildings, grounds and other facilities as are necessary and appropnate to accommodate the teaching, research and associated administrative activities of the College: (b) maintain the same in a condition satisfactory to the University; and (c) develop and maintain an appropriate environment for these activities. (2) The rights to be granted to the University under this clause shall not extend to the ownership of land and facil1t1es. the property in which shall remain in the Commonwealth. 8.2 (1) The Commonwealth, through the Department, shall provide to the University adequate funds and resources to enable the University to meet its responsibilities under this agreement. (2) The funds to be provided by the Commonwealth under this clause shall be in the form of block grants of such amounts as are negotiated and agreed upon from time to time between the Department and the University. 8.3 The Commonwealth shall- (a) indemnify the University from and against liability arising from the conduct of the College or the operations of the Academy in accordance with this Agreement including any claim or proceeding for negligence of the University or its staff; and (b) meet the cost to the University of any liabilities or expenses that the University may incur in connection with the performance by it of this agreement. incl.uding any liability that may continue in the event of and notwithstanding the termination of this agreement. PART 9-CONSULTATIONS AND ARRANGEMENTS 9.1 The parties shall arrange and participate in such consultations from time to time as are necessary for or conducive to the effective working of this agreement. 9.2 In furtherance of clause 9.1 the Minister for Defence and the Vice.:Chancellor of the University shall arrange for regular consultations between officers of the Department and the University and shall themselves undertake consultations when they consider appropriate. PART 10-TRANSITION 10.1 In the period prior to the date upon which the Academy Council can be constituted in accordance with Part 6 the Minister and the Vice-Chancellor and such other persons as they shall agree to co-opt shall for the purpose of facilitating the establishment of the College consult together as necessary. 10.2 The parties shall take all practicable steps to ensure that there extends to. or is made applicable to. the College those provisions of the University of New South Wales Act 1968 and of the regulations and by-laws made thereunder as are m force within the State of New South Wales from time to time which the parties consider should so extend or be made applicable The Schedule (The Schedule deals with offers of employment or of continued employment by the University to members of staff of the three Service Colleges The full text of the Schedule may be obtained on request from the Secretary of the University College). IN WITNESS WHEREOF this agreement has been executed as at the day and year first above written. SIGNED on behalf of THE COMMONWEALTH OF AUSTRALIA by the Honourable DENIS JAMES KILLEN, Minister for Defence, in the presence of- D. J. KILLEN THE COMMON SEAL of THE UNIVERSITY OF RUPERT H MYERS NEW SOUTH WALES was this 7th day of May 1981 Vice-Chancellor and Principal hereto affixed by resolution of the Council in the presence of- I A. WAY Registrar