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Ben Mason

Partner

Canberra

+61 2 6210 4240

Ben is the National Practice Group Leader of the firm’s Commonwealth Compensation and Merits Review Group and heads up the firm’s Canberra Government practice. The breadth of Ben’s experience gives him a genuine perspective and the ability to identify the real issues, their connections and the legal, regulatory and policy options to resolve matters favourably for his clients. Ben is an Accredited Specialist in Government and Administrative Law.

EXPERIENCE & EXPERTISE

Ben has managed national legal teams in the private and public sectors and has expertise in:

  • Advising corporate and non-corporate government clients on a range of administrative law, work health and safety (WHS), employment law, privacy, human rights, discrimination, freedom of information, general contract, general insurance and debt recovery matters
  • Representing Commonwealth, ACT Government and private clients in relation to merits review, judicial review and appeal proceedings
  • Drafting complex legislative instruments, instructing on tied drafting, and drafting explanatory material, regulation impact statements, human rights compatibility statements, responses to Parliamentary committees and associated briefings
  • Claims under statutory schemes (including under the National Disability Insurance Scheme and Comcare, Seacare, military compensation, veterans’ entitlements and Commonwealth superannuation schemes) and administrative, Act of Grace and ex gratia schemes
  • Catastrophic injury and death claims arising out of civilian employment or defence service
  • Asbestos-related disease claims involving the Commonwealth
  • Compliance and enforcement under the national workplace relations framework.

In his various roles, Ben has worked closely with private and government employers, insurers, claims mangers, regulators, policy-makers and legislators.

He has run, defended and advised in relation to compensation claims in most Australian jurisdictions, various civil and administrative tribunals, the Administrative Appeals Tribunal, Federal Court and High Court.

Having been as a Senior Executive Lawyer and Assistant Secretary in the Australian Public Service, Ben has hands-on experience with Australian Government departments and agencies, advisers and stakeholders, Parliamentary processes, the Commonwealth resource management framework, the Commonwealth Procurement Rules, the Legal Services Directions and the Commonwealth’s obligation to act as a model litigant.

ACCOMPLISHMENTS

Ben has advised private and government clients in relation to a number significant matters arising under Commonwealth compensation schemes, including the Veterans’ Entitlements Act 1986, the Safety, Rehabilitation and Compensation Act 1988, the Safety, Rehabilitation and Compensation (Defence-related Claims) Act 1988, the Seafarers Rehabilitation and Compensation Act 1992, the Military Rehabilitation and Compensation Act 2004 and the Fair Entitlements Guarantee Act 2012.

He has also assisted in the establishment of several Commonwealth compensation schemes including the Safety, Rehabilitation and Compensation (Defence-related Claims) Act 1988, the Parliamentary Injury Compensation Scheme and the COVID-19 Vaccine Claims Scheme.

RECOGNITION

Publication and Papers

Ben authored the ACT Legal Handbook chapter on ACT Government and Commonwealth Workers Compensation (Comcare Scheme). The ACT Legal Handbook is the product of a partnership between Legal Aid ACT and the Australasian Legal Information Institute.

Academic Appointments

Ben is invited to give regular guest lectures on Administrative Law at the University of Technology, Sydney.

EXPERTISE

QUALIFICATIONS

  • Bachelor of Laws, The Australian National University, 2001
  • Bachelor of Commerce (Accounting), The Australian National University, 2000

SPECIALIST ACCREDITATIONS

  • Accredited Specialist in Government and Administrative Law (Public Law)

MEMBERSHIPS

  • ACT Law Society ADR Committee
  • ACT Law Society Military Law Committee
  • Law Society of NSW Specialist Accreditation Public Law Advisory Committee