2.9.2 Delegations of Rehabilitation Powers under MRCA | Rehabilitation Policy Library, 2 Legislative Provisions, 2.9 Delegations - Non-Financial & Financial

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2.9.2 Delegations of Rehabilitation Powers under MRCA

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Last amended 
3 November 2016

The following table is based on the Delegation Instrument No. MRCC 44/2015. DVA delegates can access this instrument here.
 

Rehabilitation determinationsAPS Level
Delegations of Powers & Functions under the Military Rehabilitation & Compensation Act 2004 (MRCA)

Referral for an assessment

Section 44 & 45(4) provides the power to refer a person for a rehabilitation assessment.

APS 5 and above

Power to suspend right to compensation for failing to undergo an assessment/examination

Section 50(1) provides the power to determine that the person's right to compensation (but not the person's right to treatment or compensation for treatment under Chapter 6 of the MRCA) is suspended, if the person fails to undergo or obstructs an examination, until the examination takes place.

DVA delegates are requested to refer to section 2.1.14 of the MRCA policy manual for further guidelines about suspension for failing to undergo a medical examination.

Executive Level 1 and above

Power to reinstate a person's right to compensation

Section 50(3) provides the power to reinstate a person's right to compensation as follows:
The rehabilitation authority must determine that the suspension under subsection 50(1) is terminated from a date determined by the rehabilitation authority if, within 14 days after the date fixed for the examination, the person gives the rehabilitation authority evidence of a reasonable excuse for the refusal, failure or obstruction or agrees to participate in the assessment process.

APS 4 and above

Approval of rehabilitation programs

Section 51 provides the power to approve a rehabilitation program.

Section 53(2) provides the power to:

  • vary (amend) a rehabilitation program; or
  • where appropriately assessed cease the rehabilitation program.

Before making a determination under subsection 53(2), to cease a rehabilitation program, a rehabilitation authority must undertake an assessment, under section 44, of the person's capacity for rehabilitation and consult the person about the proposed completion of the person's rehabilitation program.

APS 5 and above

Power to suspend right to compensation for non-participation in a rehabilitation program

Section 52(1) provides the power to determine that the person's right to compensation (but not the person's right to treatment or compensation for treatment under Chapter 6 of MRCA) is suspended, if the person fails to participate in or obstructs an agreed rehabilitation program, until the participation takes place.

Executive Level 1 and above

Power to reinstate a person's right to compensation

Section 52(3) provides the power to reinstate a person's right to compensation as follows:

The rehabilitation authority must determine that the suspension under subsection 52(1) is terminated from a date determined by the rehabilitation authority if, within 14 days after the date fixed for the start date of the agreed rehabilitation program, if the person gives the rehabilitation authority evidence of a reasonable excuse for the refusal, failure or obstruction or agrees to participate in the rehabilitation program.

Executive Level 1 and above

Approval of alterations, aids and appliances

Subsection 56(1) provides the power to approve certain alterations etc, alterations to a clients place of residence or workplace, any aids or appliances for the use of the client or the repair or replacement of such aids and appliances; as reasonably required by the client.

APS 5 and above