The attendant care services provisions are contained in the compensation provisions in chapter 4 of the Military Rehabilitation and Compensation Act 2004 (MRCA) and in part 2 of the Safety, Rehabilitation and Compensation (Defence-related claims) Act 1988 (DRCA). This provides the legislative basis for DVA to provide these services to current serving members of the ADF while the Chief of the Defence Force (CDF)remains their rehabilitation authority. Please refer to section 4.1 of the Rehabilitation Policy Library for specific information about which members the CDF is the rehabilitation authority for.
Consistent with the legislative provisions, attendant care services can be provided where a delegate is satisfied that the services are reasonably required due to a service injury or disease. Please refer to section 8.4 of the Rehabilitation Policy Library for the issues that must be considered before making an attendant care determination.
Before DVA can provide attendant care services to serving members, the following additional criteria must be met:
- the need for attendant care services is supported by an ADFRP assessment report; and
- the ADFRP Regional Rehabilitation Manager requests that DVA provides attendant care services to a client; and
- DVA has agreed that attendant care services can be provided.
This approach ensures that both the ADFRP and DVA are aware of the client’s needs, circumstances and the range of services that may be provided while they adjust to, and learn to manage, their service related conditions or injuries.
The exception to this general rule that attendant care services will be provided on the basis of an ADFRP referral, is where a serving member contacts DVA directly for attendant care services. In this case, the delegate needs to consider the person's request for attendant care services using the usual DVA processes which in most circumstances, will include a home assessment by an independent and suitably qualified Occupational Therapist.