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Veterans’ Entitlements and Military Compensation Law

4th edition

Author

,

ISBN

9781760024949

Publication Date

12/04/2024

Format

Paperback

Page extent

976

AUD $160.00 gst included

Ben Quilty
Troy Park, after Afghanistan 2012
Oil on linen
190 x 140 cm
Australian War Memorial, Canberra
Collection of the artist
© Ben Quilty

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.

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

Military Compensation Law in Australia: Context and Developments

Military Rehabilitation and Compensation Act 2004
CHAPTERS

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

Veterans’ Entitlements Act 1986
PARTS
SCHEDULES
Veterans’ Entitlements Regulations 1986

Statements of Principles – Commentary
Appendix 1: Defence Honours and Awards

Appendix 2: War Grave Eligibility
Appendix 3: Legislative Amendment History – MRCA
Appendix 4: Legislative Amendment History – VEA
Appendix 5: MRCA Instruments Index
Appendix 6: Corresponding Provisions: MRCA, DRCA and SRCA
Appendix 7: Corresponding Pension Provisions: VEA and Social Security Act 1991
Bibliography
Index

Read an interview with the authors about the new edition and the 20th anniversary of the MRCA in the Law Society Journal

This is a book for lawyers rather than for veterans. It prints two Acts – Military Rehabilitation and Compensation Act 2004 and its predecessor Veterans’ Entitlements Act 1986. As the Acts unfold they are extensively annotated with all the relevant interpretative material from courts and tribunals. The core of the book is complemented by a summary of the complex history of military compensation in Australia. There is also a valuable discussion of defence honours and awards and war grave entitlements.
The book is authoritative and logical, offering a clear path through the maze of current legislation.
This is an important addition to our collection of books and pamphlets relating to the law and the military.

Mike O’Brien, Royal United Services Institution – Vic

The book is authoritative and logical, offering a clear path through the maze of current legislation.
This is an important addition to our collection of books and pamphlets relating to the law and the military.

Mike O’Brien, RUSI ViC Quarterly Newsletter, Volume 23 Issue 3

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