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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.
This book commemorates the achievements of Sir Gerard Brennan AC
KBE in the field of administrative justice. Through the eyes of
judicial colleagues (Sir Anthony Mason, former Justice Davies,
Justice Wilcox, Justice Balmford)), practitioners (Stephen Gageler
SC), a former associate (Associate Professor Gerard Carney) and an
eminent public lawyer (Stephen Skehill), we develop a picture of
this key figure in Australian legal history. Sir Gerard's own voice
is heard on the limits of the court's role in an era of
corporatisation and lamenting its removal on politically sensitive
issues such as migration. Through the three themes of the work -
judicial review, human rights (including the impact of
international law) and administrative tribunals - we view a man who
adhered strictly to principled reasoning, consistency and
constitutional propriety, a man who impressed on administrative law
the standards, integrity and high standing which marked his
judicial career. Sir Gerard is a man of principle and of
compassion, sensitive to constitutional boundaries, a champion of
individual rights, a guardian of judicial integrity and a
principled common lawyer. It was to this figure that the
stewardship of some of Australia's key administrative law
institutions, particularly the Commonwealth's Administrative
Appeals Tribunal, was entrusted. It was his wise initial captaincy
which set that institution apart, preserved it from a hostile
public sector, and ensured that the concept of a merit review
tribunal with wide jurisdiction has been or is being copied in most
Australian States and Territories. Sir Gerard's contribution did
not end there. His understanding of the need for respect between
and tolerance of each arm of government, especially between the
executive and the courts, progressed with him to the Federal Court
and ultimately the High Court of Australia, where he was Chief
Justice from 1995-1998. At each level he produced outstanding and
insightful judgments tempered by those personal qualities, and
enriched by his deep understanding of law and government.
The courts' supervision of tribunals is significant. How well do
courts understand tribunals' place in government? How sensitive are
they to the needs of an independent adjudicative arm which
parallels the courts' role but is constituted and functions
differently? The Impact of Judicial Review on Tribunals surveys
cases of relevance to tribunals and shows that although on
occasions, such as following Wu Shan Liang, the courts have allowed
for these differences, in general, the judicial arm has been
critical of, and placed demands on, tribunals. Nor have they
supported tribunals' inquisitorial role. The result has prevented
the development of a distinctive tribunal mode of operations.
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