Servants of the Crown

Abstract

[This document is not about arguing whether uniformed members of the Australian Defence Force should be Servants Of The Crown or Employees of the Commonwealth. That is a debate for another day.
Rather it is about clearing up the confusion regarding their status in law and the Plan that has arisen as a result of a misconception that uniformed members of the Australian Defence Force are employees of the Commonwealth.
They are, in return for sacrificing most of their civil rights, rights that no union in their right mind would sacrifice through an Enterprise Bargaining Agreement, members of the Australian Defence Force receive significantly greater disability coverage through Military Superannuation and the Department Of Veterans Affairs.

For those who have been abused, those rights and benefits have been stripped away in order to cover up the abuse whilst the criminal gets to keep theirs.]

www.adfabuse.com

Facebook: Victims of Abuse in the Australian Defence Force

Ver. 1.4 @ 03/09/2018

1.0 Management Summary

1.1 Overview – More Hazardous Than Being In The Public Service

The status of uniformed members of the Australian Defence Force dates back to King Charles the First.
Being a uniformed member of the day is much more hazardous and dangerous than sitting in the Parliament or working in the Public Service.
They live in a hostile environment and deal with explosives, flammable liquids, and weapons that can cause injury.
The hazards that they regularly live with would not be tolerated in a civilian workplace by any self respecting occupational health and safety shop steward.

1.2 Comcare Hesitant To Even Enforce ADF Safety Standards

In addition, Comcare has consistently and persistently been ineffective in taking on Defence when they make a dangerous situation worse by ignoring even their own safety rules. See Comcare v Commonwealth of Australia [2012] FCA 1419
Then they go to war / Low Intensity Conflicts and have people shooting them and using explosive devices to kill them.

1.3 Throwing A Hand Grenade / Sniping Has A Real Difference In The ADF From Parliament And The Public Service

Throwing a hand grenade or sniping in the Parliament or the Federal Public Service will not get you killed.
In the Australian Defence Force , these things can and will get you seriously injured or killed.

1.4 Parliament Has Acknowledged This Danger Through DVA And Military Super

The Parliament has acknowledged the that service in the Australian Defence Force is a young person’s profession by setting up generous and special benefits for those injured during their Australian Defence Force service through:

The Department Of Veterans Affairs Acts and
Then invalidity and other superannuation provisions.
Mandatory Retirement Provisions at earlier ages than in the Civilian World.

1.5 Members Of The ADF Are Servants Of The Crown Not Employees!

If only they were that lucky!
Members of the Australian Defence Force are not employees of the Commonwealth.
Their exact legal status is that of servants of the Crown – not employees.

1.6 Downside Of Being Servant Of The Crown

These are:-

No Union
No Fair Work Act Protection
No Real Discrimination Protection
You Get Shanghaied - Sign Up For One Job But End Up Doing Another
Can’t Just Resign
Can Be Sacked At Any Time - No Unfair Dismissal
They can place you involuntarily on Leave Without Pay which means you have to rely on Family Resources to survive – you can’t access CentreLink nor can you resign or get another job.
Don’t Have Weekends
No Overtime Pay / Meal Money
Required To Shift Every Two Years
Can Be Crash Posted At Any Time
Work Ridiculous Hours – 72 hour watches
Have Effective No Choice Over Medical Treatment
Non Medical Personnel Making Medical Decisions On You
Subject To ADF Rules Even When On Leave
No Longer Fully Covered For Health Care
If You Are Injured – Instead Of Being Looked After As Promised – Thrown Onto Scrap Heap
Pay Rates At Lower Ranks Just Above Poverty Line
You Are At The Complete Mercy Of Those Above You

Service in The Australian Defence Force Akin To Slavery

1.7 Promises Made To You As A Servant Of The Crown

When you join as a servant of the Crown, you are promised the following:-

The Australian Defence Force will cover your medical expenses – that's why they don’t pay the Medicare Levy.
When you leave, any injuries sustained will be looked after by the Department Of Veterans Affairs.
If you are seriously disabled, you get your invalidity pension from Military Superannuation.

1.8 What Happens To Victims Of Abuse In The ADF Who Are Servants Of The Crown?

For Victims Of Abuse in the Australian Defence Force, they have been ripped off twice. They were ripped off twice in the following manner:-

The failure to enforce the statutes, Queens Regulations, Ship’s Standing Orders,Base Standing Orders, and Captains Standing Orders which specifically prohibit abuse in the Australian Defence Force.
When the serious abuse occurs they are stripped of:-
a. Their Health Care Rights through the Department Of Veterans Affairs and
b. Their Superannuation Rights.

For the Victim of Abuse In The Australian Defence Force, the promises made on joining and forming part of the relationship between them and the Commonwealth are deliberately and maliciously broken.

The problem has never has been one of having legislation and regulation to prevent the abuse.

The problem has always been one of enforcing that legislation and those regulations.

When all is said and done by the Australian Defence Force on this issue, more is said than is done.

They allow the abusers to keep their benefits and complete their careers but the badly injured victims are thrown on the scrap heap with no treatment for their injuries or invalidity pension.

As part of the covering up of abuse:-

Instead of being properly examined and processed as medical discharge, you are discharged on other grounds that prevent your access to:-
o Treatment from the Department Of Veterans Affairs and
o Your invalidity pension from Military Superannuation.
The abuse is covered up to protect the careers of the abusers and not documented in your military or military medical records.
Medical Treatment within the Australian Defence Force is used as a form of abuse.
The victim is stripped of their treatment and superannuation rights whilst their abuser gets to keep theirs.
If you complain about the abuse, you get more abuse.

Read the litany of horror stories here

Read the full VAADF document on Servants of the Crown (click pdf image)