Chapter 3 of the MRCA provides the legislative authority for the provision of rehabilitation entitlements.
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The following table is based on the Delegation Instrument No. MRCC 44/2015. DVA delegates can access this instrument here.
Sections 61 and 62 of the MRCA place an onus on the relevant rehabilitation authority to assist a person, who is incapacitated as a result of a service injury or disease, to find suitable work. If a person is a full-time serving member, and not identified to be medically discharged, then suitable work is in the permanent ADF. For former members, reservists, Cadets and declared members, suitable work is civilian work.
Section 39 of the MRCA defines who the rehabilitation authority is in relation to current and former members of the Australian Defence Force (ADF).
If a person is a full-time serving member, reservist on Continuous Full Time Service or part time reservist and not identified to be medically discharged, then the Chief of the Defence Force is the rehabilitation authority.
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:
Section 44 of the MRCA describes when an assessment may or must be carried out.
Assessment of a person's capacity for rehabilitation may be on the initiative of the person's rehabilitation authority or the person may request that their rehabilitation authority carry out an initial assessment or further assessment of their capacity for rehabilitation.