Review of denied WW-era honours and awards

Recommendation 1

The Tribunal recommends:

1. that the medals forfeited by veterans pursuant to DPS Instruction of 9 July 1946 and MBI 148/1951 amended on 7 December 1951 and subsequently reissued a number of times, be restored to veterans or gifted to the families of deceased veterans;
2. that medals subject to certain mandatory withholding or forfeiture for offences not be restored to veterans or gifted to their families under point 1.
   Only those medals forfeited as a result of convictions for offences set out in Recommendation 2(1) should not be restored or gifted to veterans or their families.
   If the offence that resulted in the withholding or forfeiture is no longer an offence under military or civil law, the medals should be restored to the veteran or gifted to their families; and
3. medals gifted to deceased veterans’ families are to be gifted according to the following rules:
   1. to the executor under the veteran’s will;
   2. if the veteran died intestate, to the Public Trustee Administrator;
   3. to a member of the family nominated in writing by the immediate descendants of the veteran;
   4. if there are no immediate descendants, to a member of the family nominated in writing by the family at large; or
   5. if there is a dispute in the family about who should be gifted the medals, the medals should not be gifted.

Recommendation 2

The Tribunal recommends:

1. that there be mandatory forfeiture of medals on conviction for the following grounds:
   1. treason and related offences; (see for example s 9A of the Crimes Act 1958 (Vic));
   2. mutiny and related offences (see s 20 of DFDA 1982);
   3. sabotage of own and allied assets (see s 15A of DFDA 1982);
   4. aiding the enemy (including assisting prisoners of war) and related offences (see ss 15D, 15E, 16 of DFDA 1982); and
   5. serious terrorism related offences (see s 3(1) of the Crimes Act 1914 (C’th), Criminal Code Act 1995).
2. a. grounds:
   1. conviction for an offence which is considered to be so disgraceful or serious that it would be improper for the offender to retain the award; or
   2. if an award was obtained by making a false declaration.

b. the guidelines to be applied when considering the discretionary forfeiture of medals are:

1.  gallantry and distinguished service decorations should only be forfeited in extreme situations;

2.  a decision that one award should be forfeited does not mean that any other award should be forfeited;

3.  the quality of the member’s entire service should be taken into account;

4.  a dishonourable or disciplinary discharge or termination would not of itself be a reason for forfeiture of awards but may be taken into account; and,

5.  consideration should be given to variables such as mental health, physical condition and any other mitigating circumstances.

Recommendation 3

The Tribunal recommends that the authority to order the mandatory or discretionary forfeiture of any medals be placed in a Defence Instruction or in regulations under the Defence Act. The Instruction or regulation must state the requirements for the mandatory forfeiture of any medals (Recommendation 2). The DHAM should contain the policy guidelines on how the discretionary decisions should be exercised.

Recommendation 4

The Tribunal recommends that:
1.

a.  when a decision is made that the member forfeit any medal, the decision maker should also decide the period of the forfeiture; and,

b.  the DHAM should contain policy guidelines on the appropriate period that should apply to the forfeiture of a medal.

2.

a.  the mandatory forfeiture of medals be forever or for the life of the veteran; and

b.  that these medals should not be gifted.

Recommendation 5

The Tribunal recommends that the Defence Act be amended to include decisions on withholding, forfeiture and restoration of medals in s 110V(1).

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