ROSS, Brian James

Family Name:

Ross

Given Names:

Brian James

Gender:

Male

Birth-date:

Unknown, probably 1947

Death-date:

Unknown

Marital Status:

Unknown, probably single

Age Range:

Early 20s

Location:

VIC, Orbost

Occupation:

Dairy Farmer

Primary Motivation:

Anti-conscription, anti-Vietnam War

Reason for Court Appearance:

[1] Refusal to attend a medical examination

[2] Refusal to pay the fine for non-attendance a the medical examination

[3] Refusal to obey a second call-up notice

Court Name and Location:

[1] Magistrates Court, Orbost

[2] Magistrates Court, Orbost

[3] Magistrates Court, Orbost

Court Hearing Date:

[1] 6 March 1968

[2] 26 June 1968

[3] 29 October 1969

Court Outcome:

[1] Fined $10 plus costs $21

[2] Sentenced to one days jail

[3] Jailed for the mandatory two years

Military Event:

National Service and the Vietnam War 1964-1972

Further Information:

Brian Ross was a farmer from Orbost in Victoria. During 1968 he was living in Richmond and inner suburb of Melbourne. He worked on his dairy farm since he matriculated from Orbost High School. He refused an Education Department Scholarship to do a University Degree. He first registered for national service but then returned the card on 25 August 1967. He informed the Minister he would not comply with the National Service Act 1964 (NSA) during July 1967. Brian told the minister if you don’t obey the law, it is a matter between you and your conscience. He refused to attend the medical examination. He appeared at the Magistrates Court at Orbost before Magistrate D Stanistreet for that offence. He was convicted and fined $10 plus costs $21.

The magistrate allowed Brian to read the letter he sent to the Minister, and also a statement to the court. Outside the court he was presented with a call-up notice for March 20, 1968, which he subsequently refused to obey. His statement was expressed in philosophical terms which read in part, The extent to which a man is able to act on his desires and will, is dependent on the degree of social liberty. However, liberty is far from being only this: Men are apt to think of liberty only in terms of their personal freedom to what they want, but really liberty begins not with a claim but a renunciation – the discipline of one’s self to respect and cherish liberty, worth and happiness of others .This is what I must accept, and this is why I am so determined to make this stand. He ends with asking the government to repeal the NSA, that is, selective conscription.

Brian failed to pay the fine for refusing the medical examination and was summonsed to court on 26 June 1968. He also refused to obey the callup notice served on him outside the court. He was issued with another call-up notice for 17 July 1968. He refused to obey this second notice. On 29 October at the Orbost Court and, again before Magistrate Stanistreet, Brian was asked to plead guilty or not guilty to the charge of failing to obey a call-up notice issued on 6 January 1969. Brian pleaded not guilty. He was found guilty and sentenced to the mandatory two years for the offence.

BrianRoss was the first of those openly and conscientiously refusing to comply with the NSA and was jailed for two years. He spent the night at Bairnsdale Police station before a transfer to Sale Prison. Brian made a statement to the court when jailed and in part he said, I would like to know why I should be faced with the alternatives of either being a slave or of going to gaol for two years? Surely in our “free” democracy society as a whole must pay for any services it deems necessary? Why are some of us – the voteless ones – expected to provide cheap labour?…Conscription is a transgression of human rights which are the right of everybody. We ought to be free to lead the life we choose, and to think what we like. …In Australia we are not free and we are definitely not equally free…Conscription is part of our military programme. Militarism in my mind means destruction. I have no faith in the use of military methods for solving problems, or for protecting anyone or anything…One of our mistakes is Vietnam. The National Service Act is supporting, If it is not solely designed for our military effort in Vietnam. Our involvement in Vietnam is wrongly and immorally based. I cannot be expected to support the Government’s criminal interference in Vietnam…I don’t recognise that I have any obligation to obey this immoral and unjust law. In fact I have an obligation to disobey it.

Brian reflected on his situation at Sale Jail after spending six and half weeks of imprisonment, …Six and one half weeks ago? It seems a long time ago in one way, but at least the time is slowly going behind, instead of all being in front. It’s really a strange world here…Everything to do with things outside is rather dreamlike. I still can’t get over the idea of people being locked up with keys and bars! But it’s very good to have time to read. I’m enjoying that part of it. And I’m sure I’ll enjoy my courses, too, if I’m accepted…I can’t really grumble. Except that it is a stinking rotten hole…of a place.

Brian was released from Sale Jail on 21 September 1970. The Governor-General exercised his prerogative of mercy. This followed a report undertaken by Justice Smithers of the ACT Supreme Court. Smithers determined that Brian had conscientious beliefs that did not enable him to render any form of military service. This followed an amendment (reg.32A) to the NSA by Minister Snedden. It allowed him to refer men to court to determine if they held a conscientious objection even if they refused to apply for such. It was an attempt to mitigate the political damage suffered by the government by jailing young men for non-compliance.

Confirmatory Sources:

Bobbie Oliver, Hell No! We Won’t Go: Resistance to Conscription in Postwar Australia, Interventions, Melbourne, 2022, esp. pp.176-179.

Peacemaker, February, 1967, p.3; April 1968, p.8; May/ June 1968, p.4; July/ August, 1968, p.1; January/ February 1969, p.1 and p.10; November/ December 1969, p.1; May/ June 1970, p.4; August/ September 1970, p.1; October/ November,1970, p.6; May/ June/ July/ August 1971, p.11.

http://vrroom.naa.gov.au/records/?ID=25354 accessed 12 April 2020

Canberra Times 22 September 1970, p.1; 25 August 1970 p.8

Tribune 15 July 1970, p.3.

Courtesy: The Peacemaker, January/ February 1969, p.6.