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Veterans’ Entitlements and Military Compensation Law

Veterans’ Entitlements and Military Compensation Law

3rd edition

By Robin Creyke and Peter Sutherland

CONTENTSREVIEWS

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 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.

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


REVIEWS

The law governing veterans’ entitlements continues to be burdened by the most cruel of ironies. Those who serve in our armed forces face dangers like no other members of society. They should have access to fair and adequate compensation. Most informed observers would also quickly realise that serving and former members of the defence forces who have been injured in their military service are often unable to tackle of officialdom in pursuit of their rights. Why then are these very people faced with a compensation system so complex that even George Orwell might have struggled to imagine its nightmarish details? That nightmare is at least made bearable to practitioners, judges and tribunal members by this fine work. Read full review...

Matthew Groves, Australian Journal of Administrative Law, 24, 2017

When it first appeared in 2000, this book represented the first serious academic attempt in Australia to provide a comprehensive guide to both the Veterans’ Entitlements Act 1986 (Cth) (VEA) by annotations and case law as it has developed over the years. It is still the only comprehensive text in the area. The authors, Robyn Creyke and Peter Sutherland, have an enviable reputation in administrative law. Both are well credentialed academics, tribunal members, and prolific authors of high quality legal texts. This text builds upon that reputation and can be justly referred to as the “bible” for this area of law.
         This third edition adds new chapters that discuss the Military Rehabilitation and Compensation Act 2004 (Cth) (MRCA) which applies to military service after 1 July 2004, and more importantly applies to all aspects of service, both peacetime and wartime. The MRCA will increasingly overtake the VEA as the applicable legislation as time rolls by. The text covers both the area of entitlement to pensions and benefits under both Acts, but also the calculation process or GARP. It makes sense to the novice of an area of law that was described by then Justice Gyles of the Federal Court as containing concepts that would “defy a philosopher”. The text is highly readable and easy to navigate given the complexity of the subject. It provides a good discussion of the linkages that exist between the VEA and MRCA. This is no easy task given both pieces of legislation run to two volumes each.
         … This text sits on my bookshelf, as does its predecessor. I refer to it regularly. I recommend this book for the practitioner in the area as an essential reference book. I also recommend it to anyone with an interest in what is a uniquely Australian area of law. Read full review...

Doug Humphreys, Australian Law Journal, September 2016

This work is the only work in Australia devoted to the law of military compensation and veteran’s entitlements. Central to these topics is the Veterans’ Entitlements Act and the annotation of that difficult legislation is the centre-piece of the work. In providing the commentary to the Act the book is thorough and careful and, unlike some works of annotated legislation, the analysis is carefully grouped rather than the mere provision of cases in a chronological manner. This is not surprising given the authors are Emeritus Professor Robin Creyke of the ANU who is also member of a number of administrative boards and Peter Sutherland who is an experienced author of works concerning this type of legislation.
         An important part of this new work is that it covers and provides analysis of the new unified military compensation scheme introduced by the Military Rehabilitation and Compensation Act 2004 (MRCA). The work is a necessary companion for anyone practicing in the area of assisting veterans in obtaining entitlement to pensions and benefits.

Queensland Law Reporter – 5 August 2016 – [2016] 30 QLR

As an annotated version of the Veterans’ Entitlements Act 1986 (‘the Act’), this textbook is a highly valuable resource for practitioners engaged in the practice of veterans’ entitlements law. The third edition will continue the tradition set by its predecessors. Read full review...

Kate Blackford Slack, Hearsay, June 2016, 75

The annotation form is driven by practical objectives to distil an extensive body of case law emerging over many decades into an efficient guide to the present operation of the compensation regime for military service. In this
 work the analysis is clear, accessible 
and supported by detailed reference to authorities and aids to interpretation. The authors expressed desire to honour those members of their families who served Australia and New Zealand as members of military forces has produced as clear a guide to the rights of claimants as the legislation and extensive judicial determinations can allow. Read full review...

Jane Merkel, Bar News, NSW Bar Association, Winter 2016

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

   

Published 20 January 2016
Publisher The Federation Press
Paperback/928pp
ISBN 9781760020460
Australian RRP $150.00
International Price $140.00
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