19 June 2020: any MRCA Treatment Pathway 1 and Treatment Pathway 2 information below has been retained for historical purposes only. A Single Treatment Pathway has been in effect since 12 December 2019. See section 8.1 Overview [2] for current information.
A determination under section 327 [3] is not required if a person is automatically eligible for a Gold Repatriation Health Card, or apart from the exceptions explained in 8.5 [4], where a person is a current serving member.
Example: A member is injured while serving in February 2005 and his injuries result in paraplegia. Liability is accepted under the MRCA in July 2005. However, because the member is still serving he receives treatment from the ADF under section 58 — F [6] of the Defence Force Regulations 1952 (the Defence Regulations), including the provision of appliances and pharmaceuticals. His condition stabilizes and the member's claim for permanent impairment is accepted. He is assessed at 70 impairment points. He is discharged in April 2006. Section 281 [5] automatically applies and the member is issued with a Gold Repatriation Health Card for any treatment after discharge.
Once a person reaches 60 impairment points there is no discretion as to which treatment path applies, they must be given a Gold Repatriation Health Card. A Gold Card issued via section 281 entitles the person to treatment for all conditions, in exactly the same way as under the VEA. By definition a Gold Card cannot be issued until such time as the person has been assessed for permanent impairment. [5]
It should be noted that a person may become eligible for a Gold Card by virtue of a combination of their MRCA, SRCA and VEA impairments.
Section 199 [7] of the MRCA states that to be eligible for SRDP the person needs to meet each of the following criteria:
The latter criteri — on requires that the client has undergone a formal assessment of their capacity for rehabilitation in accordance with section 44 [8].
A Gold Repatriation Health Card will be embossed with 'TPI' if a person is assessed as being SRDP eligible. The client does not have to be in receipt of SRDP to be issued with a Gold Card, they merely need to be eligible. This enables those persons to obtain the same concessions that are available to TPI pensioners and War Widow/ers under the VEA.
4.A current full time serving member of the ADF (including a reservist on CFTS) is usually provided with medical treatment by the Department of Defence under the Defence Regulations. Accordingly a decision about which Treatment Pathway is appropriate is not required unless the Service Chief requests that the MRCC accept responsibility for the cost of that member's treatment. Further commentary on treatment for serving members is at 8.5 [4].
Links
[1] https://clik.dva.gov.au/user/login?destination=comment/reply/19277%23comment-form
[2] http://auth-clik.dvastaff.dva.gov.au/military-compensation-mrca-manuals-and-resources-library/policy-manual/ch-8-treatment-injuries-and-diseases/81-overview
[3] clik://LEGIS/MRC-ACTS/MRCA/S327
[4] https://clik.dva.gov.au/military-compensation-mrca-manuals-and-resources-library/policy-manual/ch-8-treatment-injuries-and-diseases/85-transferring-cost-treatment-adf-dva
[5] clik://LEGIS/MRC-ACTS/MRCA/S281
[6] clik://LEGIS/MRC-ACTS/MRCA/S58
[7] clik://LEGIS/MRC-ACTS/MRCA/S199
[8] clik://LEGIS/MRC-ACTS/MRCA/S44
[9] clik://LEGIS/VEA/Section 85(4B)
[10] clik://LEGIS/VEA/Section 85(7A)
[11] https://clik.dva.gov.au/military-compensation-mrca-manuals-and-resources-library/policy-manual/ch-8-treatment-injuries-and-diseases/86-treatment-and-service-provision-severely-injured-adf-clients-and-transitioning-adf-clients/861-adf-process