Veterans' Entitlements Law
By: Peter Sutherland, Robin Creyke
About This Book
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; andappendices 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.
AI Overview
The book "Veterans' Entitlements and Military Compensation Law" is a comprehensive legal text written by Robin Creyke and Peter Sutherland. Here is a detailed overview of the book:
Key Themes
- Comprehensive Coverage: The book is the only comprehensive text on veterans' entitlements and military compensation law in Australia. It covers both the Veterans' Entitlements Act 1986 (Cth) (VEA) and the Military Rehabilitation and Compensation Act 2004 (Cth) (MRCA).
- Entitlements and Benefits: The book annotates the principal legislation, providing detailed information on entitlements to pensions and benefits under both Acts. It also discusses the calculation process for these entitlements, known as GARP (General Assessment of Rate of Pension).
- Historical Context: The first edition, published in 2000, was the first serious academic attempt to provide a comprehensive guide to veterans' entitlements law in Australia. The third edition, published in 2016, includes new chapters that discuss the MRCA, which applies to military service after 1 July 2004 and covers both peacetime and wartime service.
Plot Summary
The book is structured to provide a clear and organized understanding of the complex legal framework governing veterans' entitlements. It is designed to be accessible to both novice and experienced legal professionals, as well as those assisting veterans in obtaining their entitlements. The material is presented in the order it appears in the principal legislation, making it easy to read in conjunction with the Acts themselves.
Critical Reception
The book has been well-received for its comprehensive and authoritative coverage of the subject matter. It is considered a "bible" for this area of law, reflecting the high reputation of its authors, who are both well-credentialed academics and tribunal members. The book's third edition has been praised for its updated chapters, which reflect the evolving nature of veterans' entitlements law in Australia, particularly with the introduction of the MRCA.
Editions and Publication
- First Edition (2000): Published by Federation Press and Softlaw Community Projects, this edition marked the first comprehensive treatment of veterans' entitlements law in Australia.
- Third Edition (2016): Published by The Federation Press, this edition includes new chapters on the MRCA and is considered a significant update to the field, reflecting the increasing importance of the MRCA in governing military compensation.
Availability
The book is available in paperback and can be ordered through various sources, including AbeBooks and the Federation Press website. It is also available for viewing in some libraries, such as the National Library of Australia.