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8.5 Transferring the cost of treatment from the ADF to DVA
ADF members on continuous full time service are entitled to health care under the Defence Regulations and therefore will not usually be provided with treatment under the MRCA while they continue to serve.
However, sections 272 and 279 of the MRCA allow for the MRCC to determine, after considering advice from the Chief of the Defence Force, that it is more appropriate for the MRCC to provide treatment to a serving member. In all other cases, serving members are provided with treatment for injuries or diseases under the Defence Regulations.
The Chief of the Defence Force has delegated his functions and powers under section 272 and 279 of the MRCA to any of the following positions:
- Director Army health;
- Director General Garrison Health Operations, Joint Health Command; and
- Senior Medical Advisor, Garrison Health Operations, Joint Health Command.
Delegates should therefore, only consider requests to transfer the cost of treatment from Defence to DVA that are made by a person in one of these positions. Any requests should be considered in the context of the criteria referred to above.
It is important to note that the intent of the legislation expressed in Clause 279 of the Explanatory Memorandum of the MRCA is that Repatriation Health Cards will not be issued to serving members. Therefore, where the MRCC has agreed to provide treatment for a serving member, as a matter of policy we should only provide treatment via Treatment Pathway 1 (reimbursement). This will enable the ADF Medical Officer to continue to manage and coordinate the member's treatment needs and deployability, while DVA meets the cost of that treatment.