*3.1. Finding 1*

Apart from their Christianity, they share characteristics with the non-Christians objectors. They were young men in their early twenties. This is to be expected as the NSA aimed to conscript when a man turned twenty years of age. The majority were from the states of New South Wales (NSW) and Victoria (VIC). Again, this is not surprising because these were and remain the two most populous states of Australia. All were contributing to society through employment or being educated for a profession or trade. The spread of occupations was similar. They were no shirkers.

#### *3.2. Finding 2*

Christian and non-Christian CODC represented a small percentage of those who were balloted-in during 1964–72. According to Langford (1997), 804,286 eligible men registered under the NSA. Of these 567,238 were balloted-out. This left 237,048 men potentially available as conscripts. Of these 63,735 (26.88%) entered the army. It has been estimated that approximately 50% of those balloted-in failed the medical (Langford 1997; Parliament of Australia 1968a). CODC numbered 1242, which is 0.52% of those balloted-in. As such, they represent a tiny group of contemporary Australian society. CNC commonly refused to register under the Act. Assuming they may have numbered 1000, their numbers are also very small compared to those who registered.

Despite being tiny in numbers the government was concerned about conscientious objectors, especially the CNC. On the surface, its concerns were their refusal to fight and/or their refusal to comply. In the government's view, they violated their social contract they had with society. Over the period it strengthened the legislation and increased penalties for non-compliance (Parliament of Australia 1968b; Peacemaker 1968b, p. 1), yet the government and military were not concerned that conscription would not meet the army's required numbers, despite the high medical failure rate. Often, an army prefers that soldiers be volunteers rather than conscripts, or if conscripts are used, that they be willing rather than unwilling. This preference is motivated by good morale and combat effectiveness. Judge Amsberg gave expression to this view after granting full exemption to Stanley Lewry, "he didn't understand the Army's attitude towards conscientious objectors; they probably made rotten soldiers anyway" (Peacemaker 1968a, p. 3).

The governments concern was invariably politically motivated. They wished to be seen as strong on national security and avoid losing face. Over the period there was substantial shift in public opinion towards opposition to the Vietnam War and conscription for it. The spectacle of fining and jailing young men acting on their conscience contributed to this shift in public opinion. The government reversed its authoritarian approach to combat the political damage. Three examples are usually mentioned. First, it ensured that troublemakers, including men who had already been declared medically fit for service, failed a medical. These included Peter Hill, Roger Kelly, Desmond Phillipson and John Poole-Johnson.

Second, it displayed a growing reluctance to enforce the mandatory jail sentence for repeated non-compliance offences. Dozens of young men being jailed was perceived to be politically damaging to the government (Peacemaker 1970d, p. 7). Third, in 1970 Minister Snedden introduced an amendment (reg. 32A) to the NSA which allowed the Government to refer a person to a court to determine if they had conscientious beliefs as prescribed by the Act (Peacemaker 1970c, p. 1). If so, the Minister could remove men from the non-complier list who were to be fined or jailed to the conscientious objector register. This looked better for the government. The referral to a court was often undertaken without the person's consent.
