The Federation Press

Veterans’ Entitlements and Military Compensation Law

Overview

This is the only book devoted to the law on veterans’ entitlements and military compensation in Australia. The book comprehensively annotates the Veterans’ Entitlements Act 1986 (VEA) and, in this third edition, for the first time annotates the new unified military compensation scheme introduced by the Military Rehabilitation and Compensation Act 2004 (MRCA).

The third edition covers all of the recent major reports into the veterans’ law and military compensation system and includes annotations of all relevant High Court, Federal Court and Administrative Appeals Tribunal decisions on the two Acts. The book is an invaluable reference for all those assisting veterans to obtain their entitlements to the pensions and benefits available to those who have served their country – be they ex-service organisations, tribunal members, legal practitioners or Departmental officials.

Highlights of the third edition include:

  • a new section of the book discussing the cases on the application of Statements of Principles under the two Acts;
  • comprehensive annotations of complex issues under the VEA, including qualifying service, special rate of pension, GARP, allowances, standards of proof and review of decisions;
  • annotations and commentary on issues under the MRCA, including liability for compensation, incapacity, permanent impairment, death benefits, and transitional arrangements for previous schemes;
  • the interaction between the VEA and the MRCA; and
  • appendices which include an amendment history of the VEA and of the MRCA, an index of MRCA legislative instruments, discussion of defence honours and awards, and war grave eligibility.

Reviews

Reviews of previous editions:

This new publication [first edition] is excellent. At long last we have a detailed analysis of the laws pertaining to the various entitlements of veterans. … The format is very easy to follow, all relevant legislation is identified and discussed and I have not been able to identify any relevant cases that have not been considered. … I applaud the authors for a very well done job and would encourage anyone who has to give advice to veterans on their potential entitlements, to obtain a copy of this book. It is highly recommended. - Tasmanian Law Society Newsletter, November 2000

The book [first edition] is written in annotation style rather than thematically. Specifically the book offers detailed annotations of the Veterans Entitlements Act 1986. The discussion, however, is extensive - the book has over 600 pages including case tables and appendices. The authors provide useful explanations from a legal perspective, with in-depth consideration of legislative background, including explanatory memoranda; discussion of case law; and cross-referencing throughout the Act. The topic facilitates the approach taken by the authors in that the Act is divided into parts containing discrete topics. The discussion of cases is helpful, in that facts of precedent cases are outlined and judgments strategically quoted. The presentation of precedent material is valuable when advising veterans, particularly as many of the relevant legal principles derive from administrative tribunals, often difficult to access. … The text is well written and clearly expressed, and illustrations and graphics depicting individual veterans bring a sense of relevance and humanity not common to legal books. - Proctor, Queensland Law Society, July 2001

Table of Contents

Commemoration of Active Service
Preface
Authors
Editorial Contributions
Acknowledgments
Currency of Legislation and Annotations
Key to Case Citation
Abbreviations
Glossary of Acronyms
List of Tables
List of Illustrations
Table of Cases
Table of Statutes

Veterans' Entitlements Act 1986
PARTS
SCHEDULES

Veterans’ Entitlements Regulations 1986

Military Rehabilitation and Compensation Act 2004
CHAPTERS

Military Rehabilitation and Compensation (Consequential and Transitional Provisions) Act 2004

Statements of Principles – Commentary
Appendix 1: Defence Honours and Awards
Appendix 2: Legislative Amendments to the VEA
Appendix 3: Legislative Amendments to the MRCA
Appendix 4: MRCA Instruments Index
Appendix 5: War Grave Eligibility
Bibliography
Index

Of interest...