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2.3.3 Part III of the DRCA
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.