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].
A client undertaking rehabilitation has certain rights that include being able to:
Rehabilitation clients can also expect that:
Information about a client's rehabilitation obligations can be found in section 13.1.2 of the Rehabilitation Policy Library. [4]
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:
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:
In addition, clients who are participating in a vocational rehabilitation plan are expected to
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]
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