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Rehabilitation Policy Library
2 Legislative Provisions
2.3 The Safety, Rehabilitation and Compensation (Defence-related Claims) Act 1988 (DRCA)
2.3.3 Part III of the DRCA
- 2.3.3.1 Section 36 Rehabilitation Assessments
Date amended:
External
A formal rehabilitation assessment under Section 36 of DRCA is undertaken:
- when a client requests an assessment;
- when a delegate believes a client may benefit from an assessment; and or
- when an external party (e.g. medical practitioner, allied health professional) recommends a client be assessed.
The purpose of a rehabilitation assessment can be to determine the client's needs in relation to vocational rehabilitation, alterations, modifications, aids or appliances, treatment, household and attendant care services, and any other barriers to successful rehabilitation.
Section 36 provides the legislative basis under which a formal determination for the client to undergo an assessment of their capability of undertaking a rehabilitation program. It also provides for the rehabilitation authority to insist that a client undergo an assessment and the right to suspend the client's rights to compensation until the assessment takes place, should the client refuse or fails, without reasonable excuse, to undergo or in anyway obstructs such an assessment.
In accordance with Section 36(8) where an assessment is completed, the assessor is to provide the delegate with a written assessment report, specifying the client's capacity to undertake rehabilitation and the type of rehabilitation program suitable for the client. The report must identify any rehabilitation needs and provide recommendations of services that may assist address the identified needs.