Date amended:

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 as per section 34;
  • 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) of 37(1) determinations under section 38 or section 62 in Part VI;
  • 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.