Section 39 of the MRCA provides that the Chief of the Defence Force (CDF) is the rehabilitation authority for all serving members, including Permanent Force Members, Reservists on continuous full-time service (CFTS) and Reservists not on CFTS which includes part-time, inactive and standby Reservists. This applies regardless of whether they are covered under the Military Rehabilitation and Compensation Act 2004 (MRCA) or the Safety, Rehabilitation and Compensation (Defence-related Claims) Act 1988 (DRCA).
For further information about specific service categories and service options, refer to the ADF Total Workforce Model.
Transfer of rehabilitation authority prior to separation from the ADF
There are times when it may be more appropriate for DVA to become the rehabilitation authority for a serving member, prior to their actual date of separation from the ADF. A transfer of rehabilitation authority from the CDF to the Military Rehabilitation and Compensation Commission (MRCC) is required for this to occur.
There are two mechanisms that enable a transfer of rehabilitation authority. These are:
- section 10 of the MRCA; or
- section 39(3)(aa) of the MRCA.
Further details about the use of these sections can be found in sections 4.3.1 and 4.3.2 of this library.