QLD Australian Law that Protects Against Other Prejudiced Laws?

[Greg1959]

Is there an Australian law or act that protects a person or people from unfair laws or acts?

 

[Tim W]

What's the background to your question?

 

[Greg1959]

I believe I am being discriminated by the Veterans Entitlement Act part 3 section 37 part 1 part (b) as I served during a time when Australia was not involved in any wars or conflicts. As such, I feel that I am being unfairly treated as all of my defence caused condition is what has made me TPII'mIm trying to find out if there is an act that will nullify that part of the act

 

[Rod]

Do you have a lawyer? Is a clock ticking limiting the time in which you can appeal a decision?

 

[Greg1959]

Do you have a lawyer? Is a clock ticking limiting the time in which you can appeal a decision?

I'm going through the motions first, ie: claim (rejected) review (happening now), then veterans review board. (There I can quote laws and acts and such.) Up until then, I can't have a legal rep. Once it goes to the Administrative Appeals Tribunal, I can then get Legal Aid. Up until then, I have to use etiher a rep ie: Vietnam Vets, R.S.L.

 

[Rod]

I'm not familiar with defence force acts so not much help to you. I'd have thought the Vietnam vets and RSL would be able to give you some good advice.

Also ask them if your claim for damages is limited by legislation to the Veterans Entitlement Act or if the Civil Liability Act or the Safety, Rehabilitation and Compensation Act 1988 (SRC Act) and/or Comcare can be used instead.

 

[Tim W]

First thing first.
Have you rendered qualifying service in terms of section 7A, or not?

 

[Greg1959]

No I do not have qualifying service in terms of section 7A,. I served from 15 May 1979 till 26th January 1991 whilst Australia was not involved in wars or conflicts.

 

[Tim W]

And is that the reason they are giving for not being eligible?

 

[Greg1959]

Yes, and possibly many others. Just because we served in a time that Australia was not involved in conflict.