2.4.4 Provision of Rehabilitation Programs | Rehabilitation Policy Library, 2 Legislative Provisions, 2.4 The Military Rehabilitation and Compensation Act 2004 (MRCA)

You are here

2.4.4 Provision of Rehabilitation Programs

Rehabilitation program determination

Section 51 of the MRCA provides the authority for the rehabilitation authority to determine that the person is to undertake a rehabilitation program, following a rehabilitation assessment made under section 44.

In making such a determination, the rehabilitation authority is to have regard to the following:

  1. any written report in respect of the person under subsection 46(3);
  2. any reduction in the future liability of the Commonwealth to pay or provide compensation if the program is undertaken;
  3. the cost of the program;
  4. any improvement in the person's opportunity to be engaged in work after completing the program;
  5. the person's attitude to the program;
  6. the relative merits of any alternative and appropriate rehabilitation program; and
  7. any other matter the rehabilitation authority considers relevant.

 

Failure to undertake a rehabilitation program

Section 52 of the MRCA provides the authority to suspend the person's entitlements to compensation, but not the person's right to medical treatment or compensation for treatment (under Chapter 6 of the MRCA) should the person fail or refuse, without reasonable excuse, to undertake a rehabilitation program.

 

Cessation or variation of a rehabilitation program

Section 53 of the MRCA provides the authority to cease or vary a rehabilitation program.  The rehabilitation authority may on its own initiative or on written application by the person, determine that:

(a) the rehabilitation program cease; or
(b) the rehabilitation program be varied.

However, before making such a determination under subsection 53(2), the rehabilitation authority must:

(a) undertake an assessment under section 44 of the person's capacity for rehabilitation; and
(b) consult the person about the proposed determination.