Overview

This is the only book devoted to the law on veterans’ entitlements and military compensation in Australia. The book comprehensively annotates the unified military compensation scheme introduced by the Military Rehabilitation and Compensation Act 2004 (MRCA) and its predecessor veterans’ entitlements scheme under the Veterans’ Entitlements Act 1986 (VEA). The 4th 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 important 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 4th edition include: • an introductory contextual chapter briefly discussing the history of military compensation in Australia, the interaction of the various Acts comprising the scheme, and current moves for reform of this complex legislative environment; • annotations and commentary on issues under the MRCA, including liability for compensation, incapacity, permanent impairment, death benefits and transitional arrangements for previous schemes; • comprehensive annotations of complex issues under the VEA, including qualifying service, special rate of pension, GARP, allowances, standards of proof and review of decisions; • a section of the book discussing the cases on the application of Statements of Principles under the two Acts; • the interaction between the VEA and the MRCA; and • appendices which include discussion of defence honours and awards and war grave eligibility, an amendment history of the MRCA and of the VEA, an index of MRCA legislative instruments, and section-by-section comparisons identifying provisions common to the Acts comprising the military compensation scheme.

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9781760024949

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