At certain times throughout the case management process, DVA and Defence will need to exchange information about individual clients. These times may include:
*Serving member includes full-time permanent force members, part-time permanent force members, Reservists on CFTS, Reservists not on CFTS including part-time reservists, inactive reservists, and standby reservists.
Privacy
In communicating with Defence about individuals, DVA is bound by the Privacy Act 1988 (the Privacy Act) and the Australian Privacy Principles (APPs). DVA’s Privacy Policy [3] outlines how the Department manages the personal information of our clients.
When engaging in written communication with Defence regarding individuals, DVA Rehabilitation Coordinators must classify all correspondence, including emails, as ‘Sensitive - Personal’.
Transfer of rehabilitation authority
As outlined in section 4.3 [4] of this Guide, there may be circumstances where it is more appropriate for a full transfer of rehabilitation authority, from the Chief of the Defence Force (CDF) to DVA, to occur prior to the serving member’s separation from the ADF. This option should always be considered where a client has been identified as being likely to separate from the ADF for medical reasons, and it is likely that the client would benefit from the wider range of support that could be provided through a DVA rehabilitation program.
In accordance with Schedule 16 of the Memorandum of Understanding (MOU) between Defence and DVA, DVA can also provide specific assistance, such as household services and attendant care services to serving members while CDF remains the member’s rehabilitation authority. A transfer of rehabilitation authority is not required for these services to be provided. For further information please see section 4.5 of this Guide [5].
Rehabilitation support and services are provided to serving members through the following programs:
ADF Rehabilitation Program (ADRFP) | Rehabilitation for Reservists Program (R4R) |
Provides rehabilitation services to:
irrespective of whether a member's injury or illness is related to work. | Provides rehabilitation services and early intervention treatment to:
for service related injuries only. |
When a DVA delegate identifies that a serving member has a requirement for rehabilitation support and services, a referral must be made to the appropriate ADF Rehabilitation Program, using the standard letters developed for this process. A separate referral letter is required for each client - multiple clients cannot be covered in one determination. These letters available from the R&C ISH standard letters. Letters generated from R&C ISH will automatically attach to the client’s UIN folder in TRIM.
It is important to note that DVA can provide some specific services and support to serving members as outlined in section 4.5 [5] of this chapter and section 10.8 [6] of this Guide.
Referral following needs assessment
If the needs assessment delegate decides that it is appropriate to refer the serving member to the ADFRP or R4R Program the referral must include:
The DVA Privacy Officer has advised that client consent is not required for a brief summary of a person’s rehabilitation needs and medical evidence to be included in the referral. However, if medical reports are included, then client consent is required before sharing this information with Defence. An email from the client confirming that they consent to the information to being shared and understand that it may be used to inform whether a transfer of rehabilitation authority may occur, is sufficient for this purpose.
Referral following receipt incapacity benefits
If the incapacity delegate decides that it is appropriate to refer the serving member to the ADFRP or R4R Program, where possible, the referral should include:
Including medical documentation in the referral ensures that Defence can explore:
However, the client’s consent is required for medical documentation to be shared with Defence. An email from the client confirming that they consent to the information being shared and understand that it may be used to inform whether a transfer of rehabilitation authority may occur, is sufficient for this purpose.
Protocols for all referrals
The standard referral letter in ISH must be used when a serving member is referred to the ADFRP or R4R Program. There are separate email addresses in this referral letter for the ADFRP or R4R Program. Delegates must send all referrals to the relevant email address, using a 'Sensitive - Personal' email classification.
Delegates who make a referral must ensure that:
Protocols for referrals of reservists
The R4R Program provides rehabilitation assistance for all non-CFTS reservists which includes:
If a non-CFTS reservist who has lodged a claim for liability approaches DVA directly for rehabilitation assistance it is important that a Needs Assessment is conducted, to identify any support and services that can be provided by DVA, prior to the client being referred to the R4R program. Support and services that can be provided by DVA to non-CFTS Reservists include:
If a rehabilitation need is identified during this process, a referral should be made to the R4R program using standard letters and processes outlined above.
The referral letter asks that the ADF Rehabilitation Programs inform the DVA Rehabilitation Coordinator of any determinations that are made in relation to the client's rehabilitation. The DVA Rehabilitation Coordinator will then need to liaise with the incapacity and/or permanent impairment delegate in that location, to ensure that the client continues to receive their correct entitlements from DVA while undertaking a ADF rehabilitation program.
If the Needs Assessment identifies that the Reservist is “at risk” because of mental health issues, it is important that this is brought to the attention of the R4R Program Regional Rehabilitation Manager and the client's R4R Case Manager as part of the referral process.
Where a serving member with an accepted condition is identified as likely to be discharged on medical grounds, the Chief of the Defence Force (CDF) will retain responsibility for the member’s rehabilitation until the actual date of separation from the ADF. However, early liaison and communication between the ADFRP Rehabilitation Consultant/Rehabilitation for Reservist (R4R) Case Manager and the DVA Rehabilitation Coordinator will help facilitate a smooth transition when the rehabilitation authority changes from the CDF to the Military Rehabilitation and Compensation Commission (MRCC).
Handover reporting
When the member is being prepared for handover to DVA prior to their medical separation, a Handover Case Conference should take place between the ADFRP Rehabilitation Consultant/ R4R Case Manager, the DVA Rehabilitation Coordinator, and other stakeholders including the client (if appropriate). The conference should discuss and identify key issues relating to the member's rehabilitation and identify contact points that can be used if there are issues that need to be clarified once the MRCC becomes the person's rehabilitation authority.
Where a members has an open rehabilitation program, a Transfer Handover Report should be provided to DVA.
The Transfer Handover Report should provide detail on:
Where the client provides consent, and they are available, the following documents should also be provided:
It is important that the DVA Rehabilitation Coordinator reviews the relevant information on the person's file and the ADF rehabilitation assessments to ensure that they have an understanding of the person's needs and circumstances, and what services and support have been provided by the ADFRP or R4R Program.
Ongoing communication between the ADFRP/R4R Program throughout the transition process will enhance the continuity and the coordination of:
Links
[1] https://clik.dva.gov.au/user/login?destination=comment/reply/21263%23comment-form
[2] https://clik.dva.gov.au/rehabilitation-policy-library/4-adf-rehabilitation-programs/42-interaction-between-adf-rehabilitation-programs-and-dva/421-rehabilitation-referrals-adf-rehabilitation-programs
[3] http://www.dva.gov.au/site-information/privacy
[4] https://clik.dva.gov.au/rehabilitation-policy-library/4-adf-rehabilitation-programs/43-transferring-rehabilitation-authority-cdf-mrcc
[5] https://clik.dva.gov.au/rehabilitation-policy-library/4-adf-rehabilitation-programs/45-what-assistance-can-dva-provide-serving-members
[6] https://clik.dva.gov.au/rehabilitation-policy-library/10-alterations-modifications-aids-appliances-and-motor-vehicle-assistance/108-provision-alterations-aids-appliances-and-services-serving-adf-clients
[7] https://clik.dva.gov.au/user/login?destination=comment/reply/21268%23comment-form
[8] https://clik.dva.gov.au/rehabilitation-library/4-adf-rehabilitation-program/44-interaction-ctas-goal-3-clients