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:
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