2.20 Incapacity payments and rehabilitation

Under section 36(1) of the SRCA and section 44 of the MRCA a person who is incapacitated for service or work as a result of their service injury or disease can be referred for a rehabilitation assessment and following that assessment a rehabilitation program (via section 37 of the SRCA and section 51 of the MRCA).

Although most rehabilitation programs are negotiated with the person, those programs are not voluntary or discretionary.  Where the Commonwealth has determined that the person must undergo an assessment and program, participation is then a condition of continuing to receive incapacity payments.  Payments may be suspended if a person is non-compliant with rehabilitation. This is discussed in Chapter 11.