Declaration of exempt person—member of organisation representing veterans—Act, s 16 (4) (e)
7 Declaration of exempt person—member of organisation representing veterans—Act, s 16 (4) (e)
This section applies to a person who—
is a member of an organisation representing veterans; and
engages in legal practice; and
represents a member or former member of the defence force.
The Act, section 16 does not apply to the person if—
the person provides legal services without fee, gain or reward to a member or former member of the defence force—
for the purpose of assisting the member or former member in relation to a claim or application for a benefit under veterans’ entitlement legislation; or
by acting as an advocate for the member or former member in a proceeding in a court or tribunal relating to an action, or a claim or application for a benefit, under veterans’ entitlement legislation; and
the person is indemnified against any loss the member or former member suffers as a result of the provision of the legal services.
In this section:
defence force—see the Defence Act 1903 (Cwlth), section 30.
member, of the defence force—see the Defence Act 1903 (Cwlth), section 4 (1).
organisation representing veterans—see the Veterans’ Entitlements Act 1986 (Cwlth), section 5Q (1).
veterans’ entitlement legislation means the following:
Defence Act 1903 (Cwlth);
Military Rehabilitation and Compensation Act 2004 (Cwlth);
Military Rehabilitation and Compensation (Consequential and Transitional Provisions) Act 2004 (Cwlth);
Safety, Rehabilitation and Compensation (Defence-related Claims) Act 1988 (Cwlth), part 11 (except section 144 (4) and section 149);
Veterans’ Entitlements Act 1986 (Cwlth);
Veterans’ Entitlements (Clarke Review) Act 2004 (Cwlth).
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