MRCA section 39(3)(aa) enables a delegate of the Military Rehabilitation and Compensation Commission (MRCC), after receiving advice from the CDF, to make a determination, that DVA is to become a specified person’s rehabilitation authority at a specified time. A determination under section 39(3)(aa) can be made for any serving member which includes:
When a section 39(3)(aa) transfer of rehabilitation authority is appropriate
A transfer of rehabilitation authority using MRCA section 39(3)(aa) may be appropriate where:
Duration of the transfer of rehabilitation authority
The duration of the transfer will depend on the circumstances of the case.
Where a temporary transfer of rehabilitation authority is requested, because the member needs aids and appliances that the ADF is unable to provide, the transfer will only be required for the period it takes to approve the aid and make the formal determination. It is important that in this circumstance, the aid is provided as quickly as possible to prevent the person’s ADF rehabilitation plan from stalling. Communication with the ADFRP Consultant or Rehabilitation for Reservist (R4R) Case Manager is therefore important to ensure the agreed period is appropriate.
In some cases, an ongoing transfer of rehabilitation authority will be more appropriate. This may occur, even where a member does not have a definite date of separation. In this circumstance, a specific end date is not mandatory. Instead the determination letter can refer to “until such time that the person is no longer a serving member”.
Process for transferring rehabilitation authority under section 39(3)(aa)
To enable a transfer to occur using MRCA section 39(3)(aa) the following actions are required:
Clear communication is essential when a transfer of a rehabilitation authority occurs. If an ongoing transfer of rehabilitation authority is requested, a Handover Case Conference, should be held. The Case Conference should discuss and identify key issues relating to the client'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.
In addition, all members with an open ADFRP/ R4R rehabilitation program who are being transferred across to DVA should have a Transfer Handover Report, and all relevant documentation/reports prepared by the relevant rehabilitation program presented at the time of transfer.
However, if, the rehabilitation authority is being transferred only for the purpose of providing aids and appliances that cannot be provided by Defence, a Handover Case Conference and Transfer Handover Report will not be required.
Implications of a section 39(3)(aa) transfer of rehabilitation authority
Unlike a transfer of rehabilitation authority under section 10, a transfer under section 39(3)(aa) does not mean that a person is regarded as a former member for the purposes of the MRCA. The person will continue to be regarded as a serving member. There are a number of implications that result from this:
Incapacity payments
There is no impact on a person’s eligibility for incapacity payments or the level of payment they can receive.
Communicating with one department instead of two
For those instances where it is intended that the MRCC will be the person’s rehabilitation authority on an ongoing basis, a section 39(3)(aa) transfer of rehabilitation authority will allow clients to liaise with just DVA for all of their treatment, compensation and rehabilitation support and services. Furthermore, as DVA adopts a whole-of-person rehabilitation approach, clients will be able to receive the psychosocial, medical management and vocational support and services they require, to establish a new life outside the ADF.
Continuity of rehabilitation support and services
Subsection 40(3) of the MRCA [3] provides that where a transfer of rehabilitation authority occurs under section 39(3)(aa), the MRCC must abide by any rehabilitation determination made by the ADFRP or Rehabilitation for Reservists Program. This means that DVA must continue a rehabilitation program that was commenced under the ADFRP or R4R Program. Ideally, this should also entail continuing with the same rehabilitation service provider utilised under the ADFRP or R4R Program, and for Career Transition Assistance Scheme (CTAS) career coaching/training where possible. A new assessment will be necessary if the rehabilitation program requires amendment or variation. Accordingly, it is necessary for there to be ongoing dialogue between the ADFRP Rehabilitation Consultant/R4R Case Manager and DVA Rehabilitation Coordinators, prior to the Handover Conference if possible.
Links
[1] https://clik.dva.gov.au/rehabilitation-policy-library/4-adf-rehabilitation-programs/45-what-assistance-can-dva-provide-serving-members
[2] 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
[3] https://www.comlaw.gov.au/Series/C2004A01285