The Federation Press

Veterans’ Entitlements Law

Overview

This is the only work devoted to the law on veterans’ entitlements in Australia. This second edition updates the material in the successful first edition and provides an invaluable reference for all those, be they ex-service organisations, tribunal members, legal practitioners, or Department officials, involved in assisting veterans’ obtain their entitlements to the pensions and benefits available to those who have served their country.

The first edition of the book was welcomed by this community. As the Tasmanian Law Society in its Newsletter of November 2000, said of the first edition, ‘This new publication is excellent. At long last we have a detailed analysis of the laws pertaining to the various entitlements of veterans.’ The reviewer went to say: ‘The format is very easy to follow, all relevant legislation is identified and discussed and I have not been able to identify 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’.

The Queensland Law Society in its journal Proctor (July 2001) agreed with these comments and its reviewer not only praised the work as being ‘well written and clearly expressed’ but noted in particular as a rare measure the ‘graphics depicting individual veterans’ which brought ‘a sense of relevance and humanity not common to legal books’.

This is a constantly-moving area of the law and the principles are continually evolving. It is, therefore, essential that advisers and practitioners keep up-to-date. This edition of the book has comprehensively revised the text of the first edition to cover all the recent major reports into the veterans’ system, the legislative changes since 2000, and the voluminous case law which has emerged from the every tier of the Australian court system, as well the significant contribution to the jurisprudence provided by the Commonwealth’s Administrative Appeals Tribunal.

Reviews

This new publication 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 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

Veterans Entitlements Act 1986

I - Preliminary
II - Pensions, other than service pensions, for veterans and their dependants
III - Service pensions
IIIA - Income support supplement
IIIAB - Pension bonus
IIIB - Provisions applicable to service pensions and income support supplement
IIIC - Compensation recovery
IV - Pensions for members of Defence Force or Peacekeeping Force and their dependants
IVA - Advance payments of pension and income support supplement
V - Medical and other treatment
VA - Extension of Repatriation Pharmaceutical Benefits Scheme
VI - Allowances and other benefits
VIA - Rehabilitation
VII - Veterans’ Children Education Scheme
VIIAA - Education entry payment
VIIA - Pharmaceutical allowance and advance pharmaceutical allowance
VIIAB - Defence Force Income Support Allowance and related payments
VIIAC - Utilities allowance
VIIAD - Seniors concession allowance
VIIB - Telephone allowance
VIIC - Seniors health card
VIID - 2006 one-off payment to older Australians
VIIE - 2007 one-off payment to older Australians
VIIF - 2008 one-off payment to older Australians
VIII - General provisions applicable to pensions etc.
IX - Veterans’ Review Board
X - Review of decisions by Administrative Appeals Tribunal
XI - The Repatriation Commission
XIA - The Repatriation Medical Authority
XIB - The Specialist Medical Review Council
XII - Miscellaneous
Schedules

1 - Repealed Acts
2 - Operational areas
2A - Classes of permanent visas
3 - Peacekeeping forces
4 - Oath and affirmation
5 - Savings and transitional provisions
6 - Calculation of rates of service pension and income support supplement
Veterans' Entitlements Regulations 1986

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