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2.4.2 Rehabilitation Definitions
Section 39 of the MRCA defines who the rehabilitation authority is in relation to current and former members of the Australian Defence Force (ADF).
If a person is a full-time serving member, reservist on Continuous Full Time Service or part time reservist and not identified to be medically discharged, then the Chief of the Defence Force is the rehabilitation authority.
The MRCC is the rehabilitation authority in all other cases where the Chief of the Defence Force identifies the member as “likely to be discharged” for medical reasons, or if the MRCC, after considering advice from the Chief of the Defence Force, determines, in writing, that the Commission is to be the rehabilitation authority for a specified person at a specified time.
Approved program provider
Section 41 of the MRCA defines that an approved program provider means:
(a) a person or body that is an approved program provider for the purposes of DRCA; or
(b) a person nominated in writing by a rehabilitation authority, being a person the rehabilitation authority is satisfied has appropriate skills and expertise to design and provide rehabilitation programs.
Approved rehabilitation program
Section 41 of the MRCA defines that an approved rehabilitation program means a rehabilitation program determined under section 51 for a person by the person's rehabilitation authority.
Section 41 of the MRCA defines that a rehabilitation program means a program that consists of or includes any one or more of the following:
(a) medical, dental, psychiatric and hospital services (whether on an in-patient or out-patient basis);
(b) physical training and exercise;
(d) occupational therapy;
(e) vocational assessment and rehabilitation;
(g) psycho-social training.
Vocational assessment and rehabilitation
Section 41 of the MRCA defines that vocational assessment and rehabilitation consists of or includes any one or more of the following:
(a) assessment of transferable skills;
(b) functional capacity assessment;
(c) workplace assessment;
(d) vocational counselling and training;
(e) review of medical factors;
(f) training in resume preparation, job-seeker skill and job placement;
(g) provision of workplace aids and equipment.
Section 5 of the MRCA defines suitable work in almost identical terms to the definition of suitable employment in section 4 of the DRCA. Accordingly, the commentary included in section 2.3.1 of this Library is equally relevant for MRCA.
Suitable work for a person means work for which the person is suited having regard to the following:
(a) the person's age, experience, training, language and other skills;
(b) the person's suitability for rehabilitation or vocational retraining;
(c) if work is available in a place that would require the person to change his or her place of residence, whether it is reasonable to expect the person to change his or her place of residence; and
(d) any other relevant matter.
In some circumstances, assistance with removal costs may be considered where a person is required to relocate because they have secured suitable employment in a new location. Refer to section 9.12.4 for further information about when relocation assistance might be appropriate.