13.5 Non-compliance and review mechanisms for VVRS

Detailed VVRS guidelines are provided in Chapter 12 of this manual.

Non-compliance with the VVRS

Non-compliance under the VVRS is outlined in Chapter 2 at clause 2.3.2 of the VVRS Instrument.

If the delegate is satisfied that a VVRS client:

• has, without reasonable cause, failed to comply with, or participate in an element of an approved plan or vocational rehabilitation program; or
• is not capable of completing an approved program;

a determination can be made that the veteran is no longer participating in, or undertaking, a vocational rehabilitation program, under section 2.3.2 of the VVRS Instrument.

It is important to note that under section 1.2.2 (f) of the VVRS Instrument, a VVRS client is able to withdraw from their program at any time, without penalty, and reapply to come back on to the Scheme at any stage in the future.

Where a VVRS client, without reasonable cause, fails to comply with or participate in an important element of an approved rehabilitation program, including failure to attend appointments with their rehabilitation service providers, a VVRS delegate may determine that the client is no longer participating in or undertaking a rehabilitation program (section 2.3.2 (a) of the VVRS Instrument).

Review of VVRS decisions

Review rights are outlined in Chapter 5 of the VVRS Instrument.

A person may request a review by the Repatriation Commission of a rehabilitation decision within 3 months of being notified of the original VVRS decision.

If a person is dissatisfied with the outcome of that review they may seek review by the Administrative Review Tribunal within 3 months. However, the Tribunal may extend the time to appeal up to 12 months from the reconsideration decision by the Repatriation Commission.