Defence recruits sue over vetting issue

Marc Lorbach is a former member of the Royal Australian Air Force and Australian Army, from 2004-2010 (Air Force Reserve from 2010-2013), and 2018-2019 respectively, who presently resides in Eleebana.

“It is a tragedy that kids who sign up to serve their country are so ill-served by the system. They become disappointed and disillusioned and lose their faith, just when they are starting out. It’s just not good enough.”
– Senator Jacqui Lambie

I enlisted with the Army in January of 2018, into the Australian Intelligence Corps (AUSTINT) as an Intelligence Analyst (ECN 003). A prerequisite for the initial employment training (IET) was a Negative Vetting Level 1 security clearance (NV1). However due to defective administration by the Australian Government Security Vetting Agency (AGSVA), my clearance application was deleted without my knowledge while I was undertaking recruit training at Blamey Barracks (Kapooka). I was informed while under training and was required to submit another application.

The delay in processing this application prevented me from leaving Kapooka for three weeks after graduating recruit training. After leaving Kapooka, I was posted to a holding platoon at Watsonia (Simpson Barracks) in Victoria and awaited placement on an Intelligence Corps IET course. Due to the extended delay in obtaining a clearance I was unable to join several IET courses and was declared “off-path” and told that I would be transferred to a different corps.

I approached my chain of command about transferring to the Air Force, into my previous role as a Communications Electronics Technician (CETECH) as I was still qualified, as well as into several suitable Army roles. They did not consider any applications, rather telling me not to bother them with the applications as they would not be approved. All transfers I requested were dismissed out of hand. I was given no choice and forced into the Royal Australian Engineers (RAE) Corps, as a Combat Engineer.

The transfer paperwork was completed by the staff at Simpson Barracks, which included a pre-filled in statutory declaration that I was ordered to sign. The transfer paperwork was rushed and fraudulently completed. I was not medically fit for a transfer as I was on medical restrictions.

After posting to the School of Military Engineering (SME) at Holsworthy Barracks to commence the Combat Engineer IET course, I was removed from the course due to illness and moved into another holding platoon. In this holding platoon I was required to undertake physical training activities two to three times per day, which led to me sustaining injuries that required surgery and ultimately a medical discharge.

A timeline of the events follows;

• 07 Dec 2017 – Submitted ePack for Negative Vetting Level One (NV1) to AGSVA.
• 08 Jan 2018 – Re-enlisted in Army as an Intelligence Analyst (ECN 003).
• Mid-Jan 2018 – While in training 1RTB Kapooka, Security Officer Megan Senf advised me that the ePack application that was submitted had been deleted, requiring resubmission.
• 24 Mar 2018 – Submitted ePack for NV1 to AGSVA.
• 30 Mar 2018 – Graduated from 1RTB, however was required to remain in holding while waiting for NV1 application to commence processing.
• 23 Apr 2018 – Posted out of 1RTB Kapooka and into Defence Force School of Signals (DFSS) Holding Troop, Simpson Barracks in Melbourne.
• 21 May 2018 – Intelligence Analyst (ECN 003) IET course commenced at Kokoda Barracks in Canungra, I was panelled on the course, however was dropped from the session due to requiring an NV1 clearance to attend the course.
• 31 May 2018 – Additional information submitted to AGSVA in support of NV1 application upon request.
• 06 Jun 2018 – Attended a four-hour interview for my NV1 application with Mr Glen Tait, in Melbourne. Additional supporting documentation was requested and supplied.
• 16 Jul 2018 – Intelligence Analyst (ECN 003) IET course commenced at Kokoda Barracks in Canungra, I was panelled on the course, however was dropped from the session due to requiring an NV1 clearance to attend the course.
• 18 Jul 2018 – Contacted by DFSS holding troop staff (BDR Y. Nasralla), and directed to sign a PE166 for Corps. Transfer from AUSTINT ECN 003 to RAE ECN 096.
• 30 Jul 18 – Marched out of DFSS and in to SME, commenced on CE IET CSE 1201269/0150, however was removed from the course during phase one due to medical issues which placed me on restrictions for ten days.
• 10 Oct 2018 – Security level NV1 clearance granted from AGSVA.
• 25 Oct 2018 – Medically Downgraded to MEC J31.
• 26 Nov 2018 – Attended PM008 Assessment at Defence Plaza; recommended for early termination, deemed not suitable for RAE Corps or ADF Service.
• 03 Dec 2018 – Advised by orthopaedic surgeon that my left knee required surgery.
• 10 Dec 2018 – Knee arthroscopy performed on left knee to repair meniscal tear.
• 29 Jan 2019 – Initial assessment by psychiatrist. Prescribed mirtazapine, provisional diagnosis ‘Major Depressive Disorder’.
• 12 Feb 2019 – Follow-up appointment with orthopaedic surgeon.
• 15 Mar 2019 – PM008/PS006 debrief by commanding officer LTCOL D. Evans, informed of recommendation; not suitable for continued service.
• 20 Mar 2019 – Attended ADF transition seminar.
• 26 Mar 2019 – Follow-up appointment with orthopaedic surgeon, recommended arthroscopic surgery on right knee. Surgery NOT approved by MO (Dr Siddiqi).
• 02MAY19 – Issued a Termination Notice.
• 03MAY19 – Submitted Request for extension of time to respond to Termination Notice.
• 14MAY19 – Received an extension until 30MAY19.
• 29MAY19 – Submitted Member’s Health Statement for MECRB.
• 30MAY19 – Submitted Response to Termination Notice.
• 25SEP19 – Medically Discharged from the Army.

You can read the full article on The Daily Telegraph

If you have had a similar experience with the ADF, please get in touch with Class PR today via the button below, at contact@classpr.com.au or (02) 8267 9499.