It is important to understand the concept of clinical onset under the MRCA and VEA and how it’s applied to the application of Statement of Principal (SOP) factor(s).
Each SOP has factor(s) setting out how the disease or injury can be linked to service.
The difference between date of diagnosis and clinical onset date
The clinical onset date is not the same as the diagnosis date and will generally be before the date of diagnosis.
‘Straight Through Processing’ (STP) is where an eligible Australian Defence Force client’s profile and details of service can be used as evidence of meeting the specified Statement of Principles factor for a particular condition without the need for further investigation.
The Military Rehabilitation and Compensation Commission (MRCC) and Repatriation Commission (RC) approved the STP policy to allow delegates to simplify the investigation and decision making process for claims that meet certain criteria under the MRCA and the VEA.
These multi-Act procedures provide guidance for delegates processing claims received under the Military Rehabilitation and Compensation Act 2004 (MRCA), Veterans’ Entitlements Act 1986 (VEA) and the Safety, Rehabilitation and Compensation (Defence–related Claims) Act 1988 (DRCA). The procedures also cover benefit eligibility across all Acts.
Defence and service record requests
Defence service and medical records are requested to assist the processing of claims. Delegates use these records to assess and identify any connection of the claimed condition to ADF service.
Chapter 3 of the MRCA provides the legislative authority for the provision of rehabilitation entitlements.
Special Rate Disability Pension (SRDP) under MRCA is an ongoing payment that can be made to a former member in lieu of incapacity payments. Chapter 13 of the Military Compensation Policy Library provides detailed information regarding eligibility and the application of the SRDP.
Sections 61 and 62 of the MRCA 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. If a person is a full-time serving member, and not identified to be medically discharged, then suitable work is in the permanent ADF. For former members, reservists, Cadets and declared members, suitable work is civilian work.
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.
Section 51 of the MRCA provides the authority for the rehabilitation authority to determine that the person is to undertake a rehabilitation program, following a rehabilitation assessment made under section 44.
In making such a determination, the rehabilitation authority is to have regard to the following:
Section 44 of the MRCA describes when an assessment may or must be carried out.
Assessment of a person's capacity for rehabilitation may be on the initiative of the person's rehabilitation authority or the person may request that their rehabilitation authority carry out an initial assessment or further assessment of their capacity for rehabilitation.
