2.4.1 Chapter 3 of MRCA

Chapter 3 of the MRCA provides the legislative authority for the provision of rehabilitation entitlements, by the rehabilitation authority, as defined in section 39. The chapter establishes a number of formal requirements for the proper provision of a rehabilitation program for current and former members of the ADF including Reservists not on CFTS, ADF Cadets, Officers of Cadets and Instructors of Cadets:

• section 41 provides that any rehabilitation program provider engaged by the rehabilitation authority must be approved by Comcare or the MRCC;
• sections 44 - 46 provide 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 51(1) that a client should undertake a rehabilitation program;
• in making a determination under subsection 51(1), the rehabilitation authority must have regard to the criteria in subsection 51(2), including any written rehabilitation assessment made under subsection 46(3);
• written determinations under section 44 or subsection 51(1), including reasons and rights to seek review, must be given to the client in writing as per section 346;
• the client may seek a review of rehabilitation determinations, excluding determinations in relation to non-compliance under sections 50 and 52, under section 349;
• sections 54 - 59 apply where a client has at least undertaken a rehabilitation assessment, and provides for alterations to a client's place of residence or work, or aids and appliances including the repair or replacement of such aids or appliances; and
• sections 61 and 62, place an onus on the relevant rehabilitation authority to assist a person, who is incapacitated as a result of a service injury or disease, to find suitable work.