DRCA original determinations made on or after 21 April 2025 must be appealed directly to the Veterans’ Review Board (VRB) within 12 months. Subsequent determinations by the VRB can be appealed to the Administrative Review Tribunal. Claimants cannot request a reconsideration by the Commission for determinations made on or after 21 April 2025, however the Commission continues to have the discretion to initiate a reconsideration of own motion.
Determinations made before 21 April 2025 cannot be reviewed by the VRB, so claimants should request a reconsideration by the Commission within 30 days of decision. Claimants can confirm the review pathway relevant to their claim by checking the determination letter. More information is available at dva.gov.au/single-review-pathway or vrb.gov.au
Part III of the DRCA provides the legislative authority for the provision of rehabilitation entitlements, by the rehabilitation authority, as defined in section 146.
This Part establishes a number of formal requirements for the proper provision of a rehabilitation program for current and former members of the Australian Defence Force (ADF):
- any rehabilitation program provider engaged by the rehabilitation authority must be approved by Comcare or the MRCC (see section 4 definition of 'approved program provider');
- section 36 provides that the rehabilitation authority must arrange for a suitably qualified person (generally an approved rehabilitation provider or a legally qualified medical practitioner) to conduct an assessment of a client's capability of undertaking a rehabilitation program, prior to providing a rehabilitation program;
- the rehabilitation authority must make a written determination under subsection 37(1) that a client should undertake a rehabilitation program;
- in making a determination under subsection 37(1), the rehabilitation authority must have regard to the criteria in subsection 37(3), including any written rehabilitation assessment made under subsection 36(8);
- written determinations under subsection 36(1) or 37(1), including reasons and rights to seek review, must be given to the client as per subsection 38(1) and subsection 61(1);
- the client may seek a review of subsection 36(1) or 37(1) determinations under section 38 or section 62;
- section 39 applies where a client has at least undertaken a rehabilitation assessment, and provides for alterations to a client's place of residence or work, modifications to a vehicle, or aids and appliances including the repair or replacement of such aids or appliances; and
- section 40, in conjunction with section 146, places an onus on the rehabilitation authority to assist a person undertaking a rehabilitation program to find suitable employment.