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Rehabilitation Policy Library
2 Legislative Provisions
2.4 The Military Rehabilitation and Compensation Act 2004 (MRCA)
- 2.4.3 Rehabilitation Assessments
Section 44 of the MRCA describes when an assessment may or must be carried out.
Assessment of a person's capacity for rehabilitation may be on the initiative of the person's rehabilitation authority or the person may request that their rehabilitation authority carry out an initial assessment or further assessment of their capacity for rehabilitation.
The rehabilitation authority must carry out an initial assessment and may carry out a further assessment if the person requests the rehabilitation authority to do so.
Subsection 44(4) of the MRCA states that the rehabilitation authority must carry out an assessment before ceasing or varying a rehabilitation program under Section 53.
Section 50 of the MRCA sets out the consequences of failure to undergo an examination in connection with a rehabilitation assessment. It provides the authority to suspend the person's rights to compensation, but not to medical treatment, until the examination takes place, where the person refuses or fails, without reasonable excuse, to undergo or in anyway obstructs such an examination.