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13.4 Reconsideration and review mechanisms for rehabilitation
Where a client disagrees with a decision regarding their rehabilitation, they have the right to ask for a reconsideration or review of that decision.
Most MRCA rehabilitation determinations are known as original determinations and can be reviewed.
In these instances:
- The MRCC can reconsider an ‘original determination’ on its own motion, or on request by the claimant or relevant service chief (sections 347, 349 and 350).
- Alternatively, the claimant can seek review of an ‘original determination’ by the Veterans’ Review Board (VRB) (section 352).
- Thereafter, a decision of the VRB is termed a ‘reviewable determination’ and is reviewable by the Administrative Appeals Tribunal.
However, with regard to rehabilitation provisions, subsection 345(2) of the MRCA specifically excludes determinations under section 52 from the definition of ‘original determination. These determinations are excluded as only senior and experienced delegates will make them, following discussion with the claimant with a record of advice regarding the implications of the determination.
This has the effect of establishing a different review pathway for the following rehabilitation provisions, whereby a client may make an application to the Administrative Appeals Tribunal for the review of:
(a) a determination under subsection 50(1), 52(1);329(1) or
(b) a failure to make a determination under subsection 50(3), 52(3), 329(3) or 397
A client has the right to seek a reconsideration of a decision to suspend their compensation entitlement in accordance with subsections 36(4) or 37(7) of DRCA.