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ATTACHMENT C
FURTHER BACKGROUND
HOSM Regulations and the treatment of organisations
The Humanitarian Overseas Service Medal (HOSM) was created by Letters Patent issued by
Her Majesty The Queen in 1999. Although it was intended that the HOSM be able to be awarded for
humanitarian relief operations following natural disasters, the regulations governing the award (‘the
1999 Regulations’ at Attachment D) were framed with the humanitarian crises of armed conflict in
mind. Following the Boxing Day 2004 Indian Ocean tsunami, it was realised that natural disaster
relief operations could not meet the hazard element required by the 1999 Regulations. This was
rectified through the establishment of the Humanitarian Overseas Service Medal (2004 Indian Ocean
Tsunami and Other Natural Disasters Relief) Regulations 2005 (‘the 2005 Regulations’ at Attachment
E).
Eligibility for the HOSM with clasp ‘Indian Ocean’ is governed by the 2005 Regulations. ‘Eligible
organisation’ is defined, in part, to mean “an organisation specified in a Determination under
subregulation 3(2)”. Subregulation 3(2) simply provides that the Governor-General may, on the
recommendation of the Minister, determine that an organisation is an eligible organisation for the
purpose of subregulation 3(1). Subregulation 3(1) establishes the parameters for eligibility for the
‘Indian Ocean’ clasp. ‘Organisation’ is not defined in the 2005 Regulations but subregulation 2(2)
provides that “Unless the contrary intention appears, terms used in these Regulations and in the
Humanitarian Overseas Service Medal Regulations [i.e. the 1999 Regulations] have the same
meaning in these Regulations as they have in those Regulations”.
The 1999 Regulations define ‘organisation’ as follows:
(a) a class of persons included in, or operating under the auspices of:
(i) an Australian government organisation; or
(ii) an Australian non-government organisation; or
(iii) a foreign government organisation; or
(iv) a foreign non-government organisation; or
(v) an international organisation; or
(vi) an international non-government organisation; or
(b) a contingent to, or a component of, an organisation mentioned in subparagraphs (a)(i), (ii),
(iii), (iv), (v) and (vi); or
(c) a class of persons declared by the Governor-General, in writing, on the recommendation of
the Minister, to be an organisation for the purposes of these Regulations.
Table: Examples of eligible organisations, by definition
Definition
Example (and an operation for which its members are eligible)
(a)(i)
Department of Foreign Affairs and Trade – HOSM “Indian Ocean”
(a)(ii)
CARE Australia – HOSM “Mozambique”
(a)(iii)
East Timor Ambulance Service (declared as “Australian contingent to ...”, under
paragraph (b)) – HOSM “East Timor”
(a)(iv)
Oxfam Great Britain (declared as “Australian contingent to .. ”, under paragraph (b)) –
HOSM “Pakistan”
(a)(v)
United Nations organisations (declared as “Australian contingent to .. ”, under
paragraph (b)) – HOSM “Iraq”
(a)(vi)
International Committee of the Red Cross (declared as “Australian contingent to ...”,
under paragraph (b)) – HOSM “Cambodia”
(b)
(see above)
(c)
N/A – none have been declared that did not meet one of the other definitions.
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The HOSM is analogous to the military Australian Service Medal (ASM) and the Police Overseas
Service Medal (POSM) in the Australian honours system. Clasps to the ASM and POSM are declared
in respect of particular military or police deployments overseas with activities that meet specified
requirements for purpose and hazard. It is the execution of the organisation’s objectives which is
medal-worthy, so personnel who meet time and place criteria for participation in those deployments
may be awarded the ASM or POSM, as the case may be.
The HOSM is similarly awarded for the merit-worthiness of the organisation’s objectives. The HOSM
is based on the premise that Australian organisations that send their members overseas to deliver
emergency humanitarian assistance projects in hazardous environments are worthy of recognition,
through medals to their members. The members themselves do not need to demonstrate individual
merit. To qualify for the award, the members simply need to fulfil place and time criteria, which
place them within a class of meritorious service.
Being a member of an eligible organisation is also part of the qualifying criteria for the HOSM. The
authoritative confirmation of an applicant’s claims by the organisation with which the applicant
served provides a robust assessment process and enhances the integrity of the HOSM. Accordingly,
freelance or independent humanitarian service cannot qualify.
The General Electric (GE) operation in Banda Aceh
Following the tsunami on 26 December 2004, the US non-government organisation Assist
International sought a donor of water purification equipment for the people of Banda Aceh. GE not
only donated the equipment (two purification plants) but also power generators, parts and
consumables, and personnel and transport to deliver, set up and run them.
On arrival in Sumatra, GE gave the water treatment plants to PLN, the Indonesian state utility
company. GE employees set up and ran the plants for the initial period of the emergency.
Some non-government humanitarian organisations were amongst those who used the GE water
supply, including s 47G(1)(a) established and supported by Australian group, s 47G(1)(a)
s 47G(1)(a) .
The Australian Defence Force (ADF) provided heavy transport and lifting equipment, personnel and
expertise to assist with the delivery and set up of the plants, and apparently made incidental use of
the GE water supply, even though they had their own clean water supply from their own purification
equipment.
s 47F
Their location and
duration of service are within the requirements for the HOSM ‘Indian Ocean’. Their service can be
validated by GE.
There is no suggestion that the GE group’s conduct renders the service of its members unworthy of
recognition in any way. In fact, the GE operation has received official recognition from the US and,
possibly, Indonesia. The US Secretary of State’s 2007 Award for Corporate Excellence was awarded
to GE for its post-tsunami relief efforts. GE has also issued a media release reporting that the
Indonesian President gave an award to GE in recognition of its post-tsunami operations, but we have
been unable to verify this.
Assessment of the GE group
s 47F
has been pursuing eligibility for the HOSM s 47F service in Banda Aceh since 19 April
2005. The regulations for the HOSM ‘Indian Ocean’ were gazetted on 30 May 2005.
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From the outset, the service of the Australian members of the GE group in Banda Aceh has been
assessed as meeting the requirements for location, dates, duration and purpose for the HOSM
‘Indian Ocean’. The stumbling block has been the status of the organisation. We did not consider
that GE’s purpose was to fulfil the objectives of any Australian organisation. s 47F
s 47F
were hired by an international corporation to assist with the delivery of a
gesture of good corporate citizenship. The only Australian element of the operation was the
nationality of s 47F of its contracted employees and co-operation with some other Australian
organisations in Banda Aceh.
The Australian connection
Our initial conclusion was that there was insufficient connection to Australia to justify recognition of
the GE group’s operation. We explored whether the GE group’s connection with the s 47G(1)(a) operation
could form the basis of eligibility and advised s 47F
that, if he was able to provide information
to this end, we would reconsider the assessment. We now consider that it would not be acceptable
to ‘deem’ persons to be members of an eligible organisation when their involvement is limited to co-
operation (however close it may be), rather than participation as a member.
In reconsidering this issue, we realised that we were focused on fitting GE into definitions (a) and (b)
of an organisation (see page 1 of this Attachment) and ignoring definition (c). Applying definition (c)
is appropriate where an organisation does not meet (a) or (b), but the organisation’s operation is in
keeping with the purpose of the award. Definition (c) allows for unforeseen circumstances but not
complete discretion. We consider that there are a number of factors that, together, justify applying
(c) to the GE group (but which, by themselves, would not):
ADF members performing the same work in Banda Aceh (water purification and delivery) are
eligible for the HOSM ‘Indian Ocean’.
The GE group’s work meets the purpose of the HOSM ‘Indian Ocean’.
Two Australian organisations which the GE group supported, or with which they
co-operated, have provided positive testimonials.
The s 47F Australians were deployed from a place of safety into the disaster zone and
functioned as a group.
The Australian response to the tsunami involved a very large deployment of Australians into
a natural disaster zone – thousands of relief workers were involved. The unique nature of
this disaster has been used to justify the exceptional treatment of other groups.
Examples of other groups which might not ordinarily have been considered for the HOSM but for the
extraordinary scale and nature of the tsunami relief operation include:
Australia Sri Lanka Medical Aid Team – a group of Victorian doctors of Sri Lankan origin who
travelled back to Sri Lanka to provide post-tsunami emergency medical assistance. This was
essentially a group of individuals acting spontaneously. However, the doctors liaised with
the Victorian Government’s official medical aid team in Sri Lanka, and was known to the
person in the Victorian Premier’s department who co-ordinated the official team. The
Victorian Government agreed to validate the service of the members and, on this basis, they
were recognised as a group for HOSM purposes.
Australian Volunteers International Maldives Short Term Teacher Project – Australian
teachers deployed to post-tsunami Maldives to provide teaching relief. This would usually
be viewed as development aid, and not eligible for the HOSM but, in this case, teachers were
counselling traumatised children and providing more generally for their welfare, and thus
met the purpose of the award.
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We also considered whether it was justifiable to recognise the Australians in the GE group and not
the s 47F other foreign nationals. We realised that we already do this when assessing UN-related
service – we recognise Australians who are members of, or contracted by, the UN in overseas
humanitarian relief operations without considering the eligibility of foreign nationals working
alongside them. It is accepted that it is inappropriate for the Australian Government to award
medals for humanitarian service overseas to foreigners working for an international or foreign
organisation. Limiting eligibility in the GE group to the contracted Australians involved in the
operation would be the same as an accepted existing practice.
Commercial or not?
In reviewing this matter in detail, we concluded that we should be looking at the GE operation in
Banda Aceh in isolation from the multinational GE parent corporation. The GE operation in Banda
Aceh was clearly an altruistic act, not motivated by profit. If this separation is accepted, the
concerns about the commercial nature of the organisation are negated.
Conclusion
If the s 47F Australians are viewed as an Australian contingent to the non-commercial set up and
operation of water purification equipment donated by GE, and taking into consideration the
extraordinary scale and nature of the tsunami relief operation, it is acceptable to treat them as an
exceptional case and determine them as an eligible organisation, under paragraph (c) of the HOSM
definition of ‘organisation’. We propose the group be determined as eligible in the following form:
Australian contingent to the humanitarian relief operation of GE Infrastructure, Water &
Process Technologies.
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