Subsection 325(1) [2] provides that the MRCC may conduct a needs assessment at any time after it accepts liability for a service injury or disease. However subsection 325(2) [2] states that the MRCC must conduct a needs assessment before determining that any compensation is payable.
There is no requirement to conduct a needs assessments for Death claims pursuant to section 233 [3], or claims for the loss of or damage to medical aids pursuant to section 226 [4].
As a matter of policy a MRCA delegate should conduct a needs assessment immediately and/or concurrently following acceptance of liability for a service injury or disease.
For the sake of continuity of client service the liability delegate is best placed to conduct the first needs assessment, given their knowledge of the person's needs emanating from the liability investigation process.
The purpose of the needs assessment is to assist in identifying:
Section 327 [7] specifically requires that when the MRCC undertakes a needs assessment, a written determination is made specifying which treatment path is applicable. Detailed commentary on which treatment pathway is appropriate is discussed in Chapter 8 [8] of this manual. This decision is not subject to review or appeal, as it does not constitute a reviewable decision pursuant to section 345 [9].
The needs assessment is not a decision on what compensation is payable. It is a process whereby the Department initiates claims for compensation benefits (including treatment and rehabilitation) that are appropriate given that person's circumstances.
Section 319 [11] specifies that a claims for compensation can be made in writing or orally. From 25 July 2018, legislative amendments to section 319 of the MRCA enables veterans to indicate orally, that he or she is seeking some form of compensation under the MRCA and for that oral indication to be treated as a valid claim. A claim made verbally will be dealt with in the same manner as claims that have been made in writing and are registered in accordance with the requirements of MRCA.
Previously, if a member or former member contacted the Department and indicate they are seeking compensation for their accepted conditions they would be required to put this into writing prior to the claim being treated as valid under the MRCA.
A client is now able to advise they wish to claim for compensation in one of the following ways:
No compensation is payable until DVA has received a claim by one of the above mechanisms.
The following is a checklist of the benefits for which a person with an accepted service injury or disease may be eligible:
Other assistance for people may include:
1.The Needs Assessment Tool should be used for each needs assessment.
2.The person must be consulted in the preparation of an assessment of his or her needs, preferably via a personal interview, or telephone call where a personal interview is not possible. However a person may appoint a personal representative to act on their behalf.
3.Prior to the person being consulted, the delegate undertaking the needs assessment should review all relevant information available on the person's file. This will help identify possible needs and issues which should be discussed further with the person.
4.Comprehensive case notes relating to the needs assessment should be recorded on the person's file or on the relevant information data management system. This will ensure all staff involved in the management of the person's needs are aware of issues, discussions and outcomes or actions taken.
5.The outcomes of the needs assessment must be notified to the person in writing. The written confirmation of the needs assessment must identify the benefits that are appropriate for the person, including the applicable treatment path.
6.In order to meet the requirement for claims for compensation pursuant to section 319 [14] a client will be able to verbally confirm during a telephone conversation for the needs assessment they are seeking compensation under MRCA. The client will still be able to return a signed copy of the needs assessment, but this is not mandatory. A client’s claim for compensation is also valid if they have ticked the appropriate box at question 23 [15] of the MRCA claim form (D2051), or submitted a written request for compensation, then a signature on the needs assessment is not mandatory.
Note: Recent changes to section 319 of MRCA allows for a client to make an oral statement during a needs assessment telephone call either before or after liability has been determined that they are seeking benefits such as Permanent Impairment compensation or Incapacity Payments, and for that statement to be treated as a valid claim for compensation.
7.Delegates must take all reasonable steps to ensure that careful consideration is given to all issues discussed and that any identified needs are followed up.
8.If the needs assessment identifies the possibility of rehabilitation then a formal rehabilitation assessment is required as provided for under section 44 [6] of the MRCA. If the person is a full-time serving member in the ADF, the relevant Service Chief is the rehabilitation authority and must be advised of the requirement to initiate a rehabilitation assessment.
9.The needs assessment must identify which treatment path is applicable, unless the person who requires treatment is a member of the ADF in which case Defence provides the person's treatment.
10.Where a person's circumstances change following completion of the first needs assessment, a second or subsequent needs assessment should be undertaken using the relevant part/s of the Needs Assessment Tool.
Links
[1] https://clik.dva.gov.au/user/login?destination=comment/reply/18778%23comment-form
[2] clik://LEGIS/MRC-ACTS/MRCA/S325
[3] clik://LEGIS/MRC-ACTS/MRCA/S233
[4] clik://LEGIS/MRC-ACTS/MRCA/S226
[5] https://clik.dva.gov.au/user/login?destination=comment/reply/18758%23comment-form
[6] clik://LEGIS/MRC-ACTS/MRCA/S44
[7] clik://LEGIS/MRC-ACTS/MRCA/S327
[8] https://clik.dva.gov.au/military-compensation-mrca-manuals-and-resources-library/policy-manual/ch-8-treatment-injuries-and-diseases
[9] clik://LEGIS/MRC-ACTS/MRCA/S345
[10] https://clik.dva.gov.au/user/login?destination=comment/reply/18784%23comment-form
[11] https://clik.dva.gov.au/service-eligibility-assistant-updates/all-determinations-order-date-signed-oldest-most-recent/determinations-under-mrca
[12] https://clik.dva.gov.au/user/login?destination=comment/reply/18774%23comment-form
[13] https://clik.dva.gov.au/user/login?destination=comment/reply/18731%23comment-form
[14] clik://LEGIS/MRC-ACTS/MRCA/S319
[15] clik://LEGIS/MRC-ACTS/MRCA/S21