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13.1 Rehabilitation rights and obligations

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Last amended 
6 December 2019

A person's rights and obligations when undertaking rehabilitation are contained in the standard forms titled 'Rehabilitation Rights and Obligations' available through the DVA forms portal [2]. The form will vary depending on the type of rehabilitation program they are participating in.

It is important that a person's rights and obligations are provided to them at the time they are referred for a rehabilitation assessment. 

DVA must retain a record of the relevant form provided to the client, and details of how this was provided. 

Further information about the rights of clients participating in a rehabilitation plan can be found in section 13.1.1 of this Guide [3]. Information about the responsibilities of clients participating in a rehabilitation plan can be found in section 13.1.2 of this Guide [4].

 

 

 

13.1.1 What are a person's rights?

Date published 
Thursday, September 11, 2014
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Last amended 
14 September 2020

A client undertaking rehabilitation has certain rights that include being able to:

  • be reimbursed for the reasonable costs of travel to attend an initial rehabilitation assessment or subsequent rehabilitation assessment of the person’s capacity for rehabilitation . Please refer to section 9.1.2 of the MRCA policy manual [6] or section 90.4 of the SRCA general handbook [7] for further information about calculating travel reimbursement for rehabilitation assessments;
  • lodge an application for a review or reconsideration of any reviewable decision that they disagree with;
  • have access to their rehabilitation plan upon written request;
  • seek further advice from DVA regarding any rehabilitation and compensation claims;
  • refuse to sign a rehabilitation plan if they are not satisfied with the content and discuss the reasons for this with their rehabilitation provider and their DVA Rehabilitation Coordinator;
  • involve their union or any other nominated representative at any meeting;
  • withdraw from the rehabilitation process at any time, while acknowledging that this may result in suspension of compensation benefits; and
  • take maternity and/or parental leave (see Chapter 13.6 [8]).

Rehabilitation clients can also expect that:

  • a rehabilitation provider will work with them to develop a rehabilitation plan which is tailored to their individual needs and circumstances;
  • they will be provided with the necessary assistance to enable the person to reach their rehabilitation goals;
  • they will be treated with respect by all staff and personnel involved in the rehabilitation process;
  • their rehabilitation service provider or DVA Rehabilitation Delegate will organise assessments of their whole-of-person needs and the services and supports that could help them to manage the impact of their service-related conditions and promote independence and quality of life;
  • their rehabilitation plan will be adjusted if their circumstances change, or their goals need to be modified;
  • DVA will organise approval and payment of their agreed rehabilitation activities in a timely manner;
  • the DVA Rehabilitation Delegate will alert them to any concerns about their participation in their rehabilitation plan, or progress towards their rehabilitation goals as quickly as possible;
  • their rehabilitation service provider and their DVA Rehabilitation Delegate will seek their input before making any changes to, or closing their rehabilitation plan;
  • information about their rehabilitation and compensation cases and claims will only be shared with other people who may need this information to understand their circumstances and provide them with services and assistance;
  • their rehabilitation provider or DVA Rehabilitation Delegate will provided advice in relation to taking maternity and/or parental leave (see Chapter 13.6 [8]).

Information about a client's rehabilitation obligations can be found in section 13.1.2 of the Rehabilitation Policy Library. [4]

 

 

 

13.1.2 What are a person's obligations?

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Last amended 
14 September 2020

Under sections 50 and 52 of the MRCA [10] and sections 36 and 37 of the DRCA [11], clients undertaking a rehabilitation program are obliged to:

  • attend medical and other assessments of their capacity to undertake a rehabilitation program when DVA requests that they do so; and
  • fully participate and genuinely cooperate in their agreed rehabilitation program.

If the client fails to meet these obligations without reasonable excuse, their compensation payments may be suspended. The client’s entitlements to medical treatment will not be affected, even if the compensation payments are suspended.

There are also a range of expectations that DVA rehabilitation clients are required to meet. These include that the client will:

  • work toward their agreed rehabilitation goals and fully participate in all activities listed on their rehabilitation plan;
  • attend medical or other examinations or assessments as requested by their Rehabilitation Coordinator or their rehabilitation service provider;
  • treat all staff and personnel involved in their rehabilitation program in a respectful and non-abusive manner;
  • provide medical certificates that specify their capacity for rehabilitation, or the status of their health conditions when requested to do so;
  • notify their DVA Rehabilitation Coordinator or their rehabilitation service provider if they are unable to attend any appointments that have been organised for them;
  • notify and discuss with their rehabilitation provider or DVA Rehabilitation Coordinator whether they have any plans to take a take a break from their rehabilitation plan activities for reasons other than medical interventions, and whether such a break is reasonable taking into consideration their obligations under sections 50 and 52 of the MRCA [10]and sections 36 and 37 of the DRCA [11]; and
  • advise DVA of any changes to their circumstances that may impact on their ability to participate in their agreed rehabilitation activities including
    • a change in their health;
    • a change in their permanent address;
    • any plans to move interstate or overseas; or
    •  advise their rehabilitation provider or DVA Delegate of:
      • a pregnancy, so arrangements can be made for the taking of maternity leave; and/or
      • the intention to take parental leave following the birth or adoption of a child (see Chapter 13.6 [8]).

In addition, clients who are participating in a vocational rehabilitation plan are expected to

  • accept work that is suitable and safe for them to undertake;
  • participate in work trials or other work experience that has been organised by their rehabilitation service provider;
  • commit to achieving the best results that they can in any training or education that they are undertaking;
  • inform their rehabilitation service provider if they start to experience any difficulties in their employment, study or training;
  • not cease their employment, study or training without discussing their with their rehabilitation service provider or DVA Rehabilitation Coordinator; and
  • provide medical certificates that specify their work limitations and capacity for work when requested to do so.

The rights and expectations for DVA rehabilitation clients are outlined in section 13.1.1 of this Guide. [3] Further information about non-compliance with a rehabilitation program can be found in section 13.3 of this Guide. [12]

 


Source URL (modified on 25/03/2021 - 5:30pm): https://clik.dva.gov.au/rehabilitation-policy-library/13-rights-and-obligations/131-rehabilitation-rights-and-obligations

Links
[1] https://clik.dva.gov.au/user/login?destination=comment/reply/21095%23comment-form
[2] http://www.dva.gov.au/dvaforms
[3] https://clik.dva.gov.au/rehabilitation-policy-library/13-rights-and-obligations/131-rehabilitation-rights-and-obligations/1311-what-are-persons-rights
[4] https://clik.dva.gov.au/rehabilitation-policy-library/13-rights-and-obligations/131-rehabilitation-rights-and-obligations/1312-what-are-persons-obligations
[5] https://clik.dva.gov.au/user/login?destination=comment/reply/21101%23comment-form
[6] https://clik.dva.gov.au/military-compensation-mrca-manuals-and-resources-library/policy-manual/ch-9-other-benefits-under-military-rehabilitation-and-compensation-act-2004/91-compensation-travel-and-accommodation-costs-reasonably-required-or-incurred-under-military-rehabilitati-1
[7] https://clik.dva.gov.au/military-compensation-srca-manuals-and-resources-library/general-handbook/ch-90-compensation-travel-and-accommodation-costs-under-safety-rehabilitation-and-compensation-act-1988-srca/904-travel-andor-accommodation-costs-reasonably-required-or-incurred
[8] https://clik.dva.gov.au/rehabilitation-policy-library/13-rights-and-obligations/136-maternity-leave-andor-parental-leave-rehabilitation-clients
[9] https://clik.dva.gov.au/user/login?destination=comment/reply/21104%23comment-form
[10] https://www.legislation.gov.au/Series/C2004A01285
[11] https://www.legislation.gov.au/Series/C1988A00156
[12] https://clik.dva.gov.au/rehabilitation-library/13-rights-and-obligations/133-what-non-compliance-rehabilitation-process