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13.1.2 What are a person's obligations?
Under sections 50 and 52 of the MRCA and sections 36 and 37 of the DRCA, 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 and sections 36 and 37 of the DRCA; 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).
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. Further information about non-compliance with a rehabilitation program can be found in section 13.3 of this Guide.