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Veterans' Vocational Rehabilitation Scheme

Authoritative Version
Schemes as amended, taking into account amendments up to Veterans' Vocational Rehabilitation Scheme Amendment Instrument 2016
Administered by: Veterans' Affairs
Registered 06 Apr 2016
Start Date 20 Mar 2016

Veterans’ Vocational Rehabilitation Scheme

Instrument 2015 No. R11

made under subsection 115B(1) of the

Veterans’ Entitlements Act 1986

Compilation No. 1

Compilation date:                              20 March 2016

Includes amendments up to:            F2016L00248

Registered:                                         6 April 2016

 

 

 

 

 

 

 

 

 

About this compilation

This compilation

This is a compilation of the Veterans’ Vocational Rehabilitation Scheme that shows the text of the law as amended and in force on 20 March 2016 (the compilation date).

The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.

Uncommenced amendments

The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Legislation Register (www.legislation.gov.au). The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the series page on the Legislation Register for the compiled law.

Application, saving and transitional provisions for provisions and amendments

If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.

Editorial changes

For more information about any editorial changes made in this compilation, see the endnotes.

Modifications

If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the series page on the Legislation Register for the compiled law.

Self-repealing provisions

If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.

  

  

  


Contents

Chapter 1—Preliminary                                                                                                                    1

1.1—The Scheme                                                                                                                                              1

1.1.1...................... Making the Scheme....................................................................................... 1

1.1.4-1.1.8............. Transitional................................................................................................ 1-2

1.2.—Objectives and Principles of the Scheme                                                                               2

1.2.1...................... Objectives..................................................................................................... 2

1.2.2...................... Principles...................................................................................................... 2

1.3.—Interpretation                                                                                                                                         3

1.3.1...................... Definitions.................................................................................................... 3

1.3.2...................... Approved program........................................................................................ 4

1.3.3...................... Content of an approved program................................................................... 5

1.3.4...................... When an application is taken to be made....................................................... 5

1.3.5...................... Chapter 2 vocational rehabilitation program.................................................. 5

1.3.6...................... Chapter 3 rehabilitation program................................................................... 5

1.4—Information to be obtained by Secretary                                                                               7

1.4.1...................... Assessment of a veteran for participation in the Scheme............................... 7

1.4.2...................... Report from a service provider...................................................................... 7

1.4.3...................... Report and other material to be provided to the Commission........................ 7

1.5—Rehabilitation plan                                                                                                                               8

1.5.1...................... A rehabilitation plan must first be prepared and approved............................ 8

1.5.2...................... Veteran to be involved in preparing the rehabilitation plan............................ 8

1.5.3...................... Amending an approved plan......................................................................... 8

1.5.4...................... Services to be in accordance with an approved plan...................................... 8

Chapter 2—Programs for special rate and intermediate rate pensioners and invalidity service pensioners                                                                                                     9

2.1—Participation in the Scheme by veterans in receipt of certain pensions               9

2.1.1...................... Application for approval to participate in the Scheme................................... 9

2.2—Vocational rehabilitation program                                                                                           10

2.2.1...................... Participation in the Scheme......................................................................... 10

2.2.2...................... Approval of a vocational rehabilitation program......................................... 10

2.2.3...................... Criteria for participation in the Scheme....................................................... 10

2.2.4...................... Labour market............................................................................................. 10

2.2.5...................... Medical management and psychosocial services......................................... 11

2.3—Commencement and cessation of a vocational rehabilitation program             12

2.3.1...................... Commencement of a vocational rehabilitation program............................... 12

2.3.2...................... Failure to comply with an approved plan or approved program.................. 12

2.3.3...................... Cessation of a vocational rehabilitation program......................................... 12

Chapter 3—Programs for other veterans                                                                     13

3.1—Participation in the Scheme by veterans other than those referred to in Chapter 2             13

3.1.1...................... Application for approval to participate in the Scheme................................. 13

3.2—Rehabilitation program                                                                                                                   14

3.2.1...................... Approval of a rehabilitation program.......................................................... 14

3.2.2...................... Criteria for participation in the Scheme....................................................... 14

3.2.2A................... Medical management and psychosocial services......................................... 14

3.2.3...................... Elements not normally included in an approved program............................ 15

3.2.4...................... Failure to comply with an approved plan or approved program.................. 15

Chapter 4—Other assistance to veterans participating in the Scheme      16

4.1—Other assistance available under this Chapter                                                                 16

4.1.1...................... Availability of other assistance.................................................................... 16

4.1.2...................... Application for a grant under this Chapter.................................................. 16

4.2—Transport and accommodation assistance                                                                          17

4.2.1...................... Grant may be made in special circumstances............................................... 17

4.3—Aids, appliances, and workplace modifications                                                               18

4.3.1...................... Grant to veteran or employer....................................................................... 18

4.3.2...................... Assessment report to be obtained................................................................ 18

4.3.3...................... Regard must be had to assessment report.................................................... 18

4.3.4...................... Grant not to be for tools of trade or establishing a business........................ 18

4.4—Education programs                                                                                                                         19

4.4.1...................... Education programs.................................................................................... 19

4.4.2  Grants for text books and study materials                                                                  19

4.4.3...................... Application for excess expenses grant........................................................ 19

4.4.4...................... Commission may make excess expenses grant........................................... 19

4.4.5...................... Payment of Higher Education Loan Program fees...................................... 20

4.4.6...................... Payment of Higher Education Loan Program fees after the first semester of a course of study               20

4.4.7...................... Payment of student union fees.................................................................... 20

4.5—Grants must be applied to the relevant purpose                                                              21

4.5.1...................... Proof of payment may be required.............................................................. 21

4.5.2...................... Recovery of grant if not applied for the proper purpose.............................. 21

Chapter 5—Notification of decisions and review rights                                22

5.1.—Notification to veteran                                                                                                                    22

5.1.1...................... Notification of decision and review rights................................................... 22

5.2.—Review of decisions by the Repatriation Commission                                                23

5.2.1...................... Who may seek a review.............................................................................. 23

5.2.2...................... Making a request for review....................................................................... 23

5.2.4...................... Review by the Commission........................................................................ 23

5.2.5...................... Delegate cannot review own decision......................................................... 23

5.2.6...................... The Commission’s powers on review......................................................... 23

5.2.7...................... Substituted decision.................................................................................... 23

5.2.8...................... Notification of decisions upon review......................................................... 23

5.3—Review by the Administrative Appeals Tribunal                                                            24

5.3.1...................... Application to the Administrative Appeals Tribunal................................... 24

5.3.2...................... Manner of applying for review................................................................... 24

5.3.3...................... Application of the Administrative Appeals Tribunal Act............................ 24

Endnotes                                                                                                                                                               25

Endnote 1—About the endnotes                                                                                                      25

Endnote 2—Abbreviation key                                                                                                          26

Endnote 3—Legislation history                                                                                                       27

Endnote 4—Amendment history                                                                                                     28

Endnote 5—Editorial changes                                                                                                          29

 


Chapter 1Preliminary

1.1The Scheme

1.1.1  Making the Scheme

                   The Repatriation Commission makes this Veterans’ Vocational Rehabilitation Scheme under subsection 115B(1) of the Veterans’ Entitlements Act 1986.

Transitional

1.1.4           If, immediately before the commencement of this Scheme, a person is a participant in an approved program under the Veterans’ Vocational Rehabilitation Scheme (Instrument 1997 No. 5 – the former Scheme), then on the commencement of this Scheme the program is taken to be provided under this Scheme as an approved program and the person taken to be a participant in that program.

Note:          approved program is defined in the former Scheme and this Scheme.

1.1.5           A form approved by the Commission under the Veterans’ Vocational Rehabilitation Scheme (Instrument 1997 No. 5 – the former Scheme) for the purposes of paragraph 2.1.1(b) and section 4.1.2 respectively of the former Scheme is incorporated‑by‑reference into this Scheme as an approved form for the purposes of, respectively, paragraph 2.1.1(b) and section 4.1.2 as the form existed on the date this Scheme commenced.

1.1.6           If, before the commencement of this Scheme, a person lodges an application for approval to participate in the Veterans’ Vocational Rehabilitation Scheme (Instrument 1997 No. 5 – the former Scheme), and on the commencement of this Scheme the application had not been determined, then on the commencement of this Scheme the application is to be determined under this Scheme as if it had been made under this Scheme.

1.1.7           If, before the commencement of this Scheme, a person lodges an application for a grant under the Veterans’ Vocational Rehabilitation Scheme (Instrument 1997 No. 5 – the former Scheme), and on the commencement of this Scheme the application had not been determined, then on the commencement of this Scheme the application is to be determined under this Scheme as if it had been made under this Scheme.

1.1.8           A process commenced under the Veterans’ Vocational Rehabilitation Scheme (Instrument 1997 No. 5 – the former Scheme) that had not been finalised on the commencement of this Scheme is to be finalised under this Scheme as if it had been instigated under this Scheme.

1.2Objectives and Principles of the Scheme

1.2.1  Objectives

                   The objectives of the Scheme are to assist veterans to find, or continue in, suitable paid employment, with particular emphasis on:

                     (a)  facilitating the transition from service in the Australian Defence Force to suitable paid employment;

                     (b)  assisting those veterans whose jobs are in jeopardy to retain suitable paid employment; and

                     (c)  in conjunction with Part VIA of the Act, providing an income safety net for certain veterans in receipt of pensions under sections 23 or 24 of the Act, or invalidity service pension, who wish to engage in suitable paid employment.

1.2.2  Principles

                   The principles of the Scheme are that:

                     (a)  participation in the Scheme is voluntary;

                     (b)  a rehabilitation plan is to be approved only if the veteran has undergone an assessment of rehabilitation capability by a suitably qualified person;

                     (c)  rehabilitation services are to be provided only in accordance with an approved plan that has been developed and agreed with the veteran;

                     (d)  rehabilitation services are to be provided only if the Commission is satisfied that these services will result in a suitable paid employment outcome;

                     (e)  rehabilitation services are to be approved according to principles of cost‑effectiveness and will generally be the minimum necessary to achieve a suitable paid employment outcome;

                      (f)  there are no penalties for withdrawal from or failure to complete an approved program, although rehabilitation services may be discontinued in such circumstances;

                     (g)  rehabilitation services are not to be provided concurrently with another vocational rehabilitation program.

Note:          suitable paid employment outcome is defined in paragraph 1.3.1.

1.3Interpretation

1.3.1  Definitions

                   For the purposes of this Scheme, unless a contrary intention appears:

Act means the Veterans’ Entitlements Act 1986 as amended from time to time;

approved plan means the particular rehabilitation plan relating to a veteran that has been approved by the Commission under this Scheme;

approved program has the meaning given by paragraphs 1.3.2 and 1.3.3;

Commission means the Repatriation Commission, continued in existence by section 179 of the Act;

Department means the Commonwealth Department of Veterans’ Affairs;

income safety net means the pension income protection provided by sections 115C, 115D and 115F of the Act whereby:

                     (a)  while a veteran is undertaking an approved program, the rate of pension payable to the veteran is not to be less than the rate the veteran would receive if the veteran were not undertaking an approved program; and

Note:       section 115C of the Act provides this protection.

                     (b)  after a veteran has completed an approved program under Chapter 2, if the veteran is, for any reason, unemployed for a continuous period of at least two weeks, the pension reduction amount for each pension payday is reduced to nil so that pension is to be restored to the veteran’s pension rate at the commencement of an approved program; and

Note:       subsection 115D(4) of the Act provides this protection.

                     (c)  if the sum of the veteran’s salary, wages or earnings per fortnight from remunerative work and the fortnightly rate of pension would be less than the rate of pension that the veteran would have received if the veteran had not undertaken the approved program, the pension reduction amount can, upon application to the Commission under Section 115E of the Act, be reduced;

Note:       section 115F of the Act provides this protection.

medical management service means a service that is an adjunct to medical treatment and is designed to monitor a person’s medical treatment with the aim of restoring or maximising the person’s physical or psychological function;

 

Note:          Examples of medical management services include, but are not limited to, coordination of medical providers to establish a treatment program, and intensive case management to facilitate regular attendance at medical appointments. 

psychosocial service means a rehabilitative, skill-building or recovery-oriented service that aims to restore a person to his or her optimal level of independent functioning within the community;

Note:          Examples of psychosocial services include, but are not limited to, community inclusion activities, pain management, adjustment to disability counselling, family education, and drug and alcohol management.

Scheme means this Veterans’ Vocational Rehabilitation Scheme;

Secretary means the Secretary to the Department;

semester has the meaning given by section 34 of the Higher Education Funding Act 1988;

service provider means a person or organisation with which the Commission or the Department has entered into an arrangement to provide services for the purposes of this Scheme;

suitable paid employment outcome means, as a minimum:

                     (a)  if the veteran is not undertaking any remunerative work—recommencing substantial remunerative work;

                     (b)  if the veteran is undertaking part‑time remunerative work—increasing substantially the number of hours of remunerative work undertaken;

                     (c)  if the veteran is undertaking part‑time remunerative work and the veteran is at risk of losing that work — maintaining the veteran in part‑time remunerative work;

                     (d)  if the veteran is undertaking full‑time remunerative work and the veteran is at risk of having to reduce that work substantially—maintaining the veteran in full‑time remunerative work;

                     (e)  if the veteran is undertaking full‑time remunerative work and the veteran is at risk of losing that work—maintaining the veteran in substantial remunerative work;

                      (f)  if a veteran is otherwise at risk of having to cease remunerative work in the short term—maintaining the veteran in long‑term remunerative work;

being work that the veteran is likely to be able to sustain in the long term and which is not likely to worsen the veteran’s health.

Tribunal means the Administrative Appeals Tribunal, established by section 5 of the Administrative Appeals Tribunal Act 1975;

veteran has the meaning given by section 115A of the Act.

Note:          section 115A of the Act provides that for the purposes of Part VIA, veteran means:

(a)    a person:

        (i) who is, because of section 7, taken to have rendered eligible war service; or

        (ii) in respect of whom a pension is payable under subsection 13(6); or

        (iii) who satisfies subsection 37(3); or

(b)    a member of the Forces; or

(c)    a member of a Peacekeeping Force.

1.3.2  Approved program

                   For the purposes of this Scheme, approved program means the particular vocational rehabilitation program under Chapter 2 or the particular rehabilitation program under Chapter 3, relating to a veteran, that has been approved by the Commission under this Scheme.

Note:          see paragraphs 2.2.2 and 3.2.1 in relation to the approval of a program.

1.3.3  Content of an approved program

                   An approved program may include, but is not limited to, one or more of the following elements:

                     (a)  general advice and assistance on job seeking;

                     (b)  referral for vocational assessment;

                     (c)  vocational guidance and counselling;

                     (d)  case management;

                     (e)  assistance with updating skills and retraining;

                      (f)  assistance with entry to other vocational rehabilitation programs;

                     (g)  advice or assistance if the veteran’s job is in jeopardy;

                     (h)  assistance with job placement including selection interview skills training and involvement in job clubs;

                      (j)  provision of an advocacy service for the veteran with the veteran’s employer;

                     (k)  transport and accommodation assistance under Chapter 4;

                    (m)  grants for aids, appliances and workplace modifications  under Chapter 4;

                     (n)  education programs and related assistance under Chapter 4;

                     (o)  the provision of medical management services;

                     (p)  the provision of psychosocial services;

but only if an element is not reasonably available to the veteran without significant cost from another source.

1.3.4  When an application is taken to be made

                   For the purposes of this Scheme, if an application under this Scheme (other than an application to the Administrative Appeals Tribunal) is required to be made in writing, the application will only be taken to have been made when it is received at an office of the Department in Australia.

1.3.5  Chapter 2 vocational rehabilitation program

                   A vocational rehabilitation program under Chapter 2 of the Scheme is:

                     (a)  a “vocational rehabilitation program” for the purposes of Division 2 of Part VIA of the Act; and

                     (b)  a “rehabilitation program” for the purposes of subsection 24A(2) and section 37AAA of the Act.

Note:          Division 2 of Part VIA of the Act applies to veterans who have participated in a vocational rehabilitation program under Chapter 2.

1.3.6  Chapter 3 rehabilitation program

A rehabilitation program under Chapter 3 of the Scheme is neither:

                     (a)  a “vocational rehabilitation program” for the purposes of Division 2 of Part VIA of the Act; nor

                     (b)  a “rehabilitation program” for the purposes of subsection 24A(2) and section 37AAA of the Act.

Note:          Division 2 of Part VIA of the Act applies to veterans who have participated in a vocational rehabilitation program under Chapter 2.

1.4Information to be obtained by Secretary

1.4.1  Assessment of a veteran for participation in the Scheme

                   For the purposes of obtaining information about any matter relevant to a determination under this Scheme, the Secretary may require a veteran to be examined or assessed, or both, by a relevant service provider.

1.4.2  Report from a service provider

                   Upon completing the examination or assessment, the service provider must provide a report to the Secretary concerning the examination or assessment.

1.4.3  Report and other material to be provided to the Commission

                   The Secretary must cause the report from a service provider and any other material that is relevant to the determination of a matter to be provided to the Commission for its determination of that matter.

1.5Rehabilitation plan

1.5.1  A rehabilitation plan must first be prepared and approved

                   Before a veteran can be approved to participate in the Scheme or undertake a rehabilitation program, a rehabilitation plan must:

                     (a)  be prepared in consultation with the veteran, either by a service provider or the Secretary; and

                     (b)  be approved by the Commission.

1.5.2  Veteran to be involved in preparing the rehabilitation plan

                   If a service provider or the Secretary prepares a rehabilitation plan, that person must:

                     (a)  involve the veteran in its preparation; and

                     (b)  reach an agreement with the veteran as to its details.

1.5.3  Amending an approved plan

                   An approved plan may be amended from time to time with:

                     (a)  the agreement of the veteran; and

                     (b)  the approval of the Commission.

1.5.4  Services to be in accordance with an approved plan

                   Before any service can be provided to a veteran under this Scheme, that service must be in accordance with an approved plan.

 

Chapter 2Programs for special rate and intermediate rate pensioners and invalidity service pensioners

 

Purpose of this Chapter:   Certain veterans who are in receipt of:

·       disability pension at the special rate or the intermediate rate; or

·       the invalidity service pension;

may participate in a vocational rehabilitation program under this Scheme. This Chapter provides the rules for participation in the Scheme and the criteria by which applications and proposed vocational rehabilitation programs are to be assessed.

2.1Participation in the Scheme by veterans in receipt of certain pensions

2.1.1  Application for approval to participate in the Scheme

                   A veteran who is in receipt of a pension at the rate provided for in section 23 or 24 of the Act or invalidity service pension under Division 4 of Part III of the Act may apply to participate in the Scheme, as provided in this Chapter, by making an application:

                     (a)  in writing; and

                     (b)  in accordance with a form approved by the Commission for that purpose; and

                     (c)  accompanied by authorisation from the veteran for the Secretary to obtain information, relevant to the application, concerning the veteran from health care providers, including the Vietnam Veterans’ Counselling Service.

2.2Vocational rehabilitation program

2.2.1  Participation in the Scheme

                   Participation in the Scheme involves undertaking an approved vocational rehabilitation program that is intended to assist the veteran to return to, or continue in, work, including work of a type that the veteran might not have previously undertaken.

2.2.2  Approval of a vocational rehabilitation program

                   The Commission may approve a vocational rehabilitation program for a veteran having regard to:

                     (a)  the veteran’s vocational, trade and professional skills, qualifications and experience; and

                     (b)  the kinds of remunerative work which a person with the skills, qualifications and experience referred to in subparagraph (a) might reasonably undertake; and

                     (c)  the veteran’s capacity to be retrained to undertake different kinds of remunerative work; and

                     (d)  the type of remunerative work to which the program is likely to lead; and

                     (e)  the degree to which the veteran’s physical or mental impairment has affected the veteran’s capacity to undertake the program; and

                      (f)  if the veteran is not currently engaged in substantial remunerative work—the suitability of the proposed program in assisting the veteran to return to work (which may be a different type of work to that which the veteran previously undertook); and

                     (g)  the cost of the proposed program; and

                     (h)  the relative merits of any alternative appropriate programs; and

                      (j)  any other relevant matter.

2.2.3  Criteria for participation in the Scheme

                   The Commission may approve a veteran’s participation in the Scheme only if the Commission is satisfied that the veteran is likely:

                     (a)  to complete an approved program satisfactorily; and

                     (b)  to obtain a suitable paid employment outcome following completion of the approved program.

Note:          suitable paid employment outcome is defined in paragraph 1.3.1.

2.2.4  Labour market

                   Without limiting the matters that may be taken into account in considering whether a veteran is likely to recommence remunerative work, the Commission may have regard to the state of the labour market:

                     (a)  in the geographical area in which the veteran will probably seek to obtain work;

                     (b)  at the time when the veteran will probably seek to obtain work.

2.2.5  Medical management and psychosocial services

                   The Commission may approve the inclusion of medical management services or psychosocial services in a vocational rehabilitation program for a veteran if the Commission is satisfied that the services are reasonably required to: 

                     (a)  assist the veteran to achieve or retain suitable paid employment; or

                     (b)  address an identified rehabilitation barrier as part of the process of assisting the veteran to achieve or retain suitable paid employment.

 

2.3Commencement and cessation of a vocational rehabilitation program

2.3.1  Commencement of a vocational rehabilitation program

                   For the purposes of this Scheme and section 115C of the Act, a veteran is taken to have commenced undertaking a vocational rehabilitation program on the date specified as the commencement date by the Commission in the determination approving the veteran’s participation in an approved program, which must not be a date earlier than the date of the determination.

2.3.2  Failure to comply with an approved plan or approved program

                   If the Commission is satisfied that a veteran:

                     (a)  has, without reasonable cause, failed to comply with, or participate in, an important element of an approved plan or vocational rehabilitation program; or

                     (b)  is not capable of completing an approved program;

the Commission may determine that the veteran is no longer participating in, or undertaking, a vocational rehabilitation program under this Chapter.

2.3.3  Cessation of a vocational rehabilitation program

                   For the purposes of this Scheme and subsection 115C of the Act, the Commission may specify a date on which the veteran is taken to have ceased to be undertaking a vocational rehabilitation program, which may be a date earlier than the date of the determination.

 

 

Chapter 3Programs for other veterans

 

Purpose of this Chapter:   Certain veterans who are not in receipt of disability pension at the special rate or intermediate rate or invalidity service pension may participate in a rehabilitation program, whether they are in receipt of a pension or not. Rehabilitation programs under this Chapter may assist veterans:

·       to obtain remunerative work if they are not currently employed; or

·       to increase the number of hours of remunerative work if they are in part‑time employment; or

·       to maintain them in employment, if they are having difficulties in coping with their current work; or

·       who have recently separated, or are soon to separate, from the Australian Defence Force in their transition to civilian employment.

This Chapter provides the rules for their participation and the criteria by which applications and programs are assessed.

3.1Participation in the Scheme by veterans other than those referred to in Chapter 2

3.1.1  Application for approval to participate in the Scheme

                   A veteran, other than a veteran who is in receipt of:

                     (a)  a pension at the rate provided for by section 23 or 24; or

                     (b)  an invalidity service pension;

may apply to participate in the Scheme, as provided in this Chapter, by making an application:

                     (c)  in writing; and

                     (d)  in accordance with a form approved by the Commission for that purpose.

3.2Rehabilitation program

3.2.1  Approval of a rehabilitation program

                   The Commission may approve a rehabilitation program for a veteran having regard to:

                     (a)  the veteran’s vocational, trade and professional skills, qualifications and experience; and

                     (b)  the kinds of remunerative work which a person with the skills, qualifications and experience referred to in subparagraph (a) might reasonably undertake; and

                     (c)  the veteran’s capacity:

                              (i)  to be retrained to undertake different kinds of remunerative work; or

                             (ii)  following undertaking the program, to continue in the veteran’s current employment on a long‑term basis; and

                     (d)  if the veteran is not currently engaged in substantial remunerative work—

                              (i)  the type of remunerative work to which the program is likely to lead; and

                             (ii)  the suitability of the proposed program in assisting the veteran to return to work (which may be a different type of work to that which the veteran previously undertook); and

                     (e)  the degree to which the veteran’s physical or mental impairment has affected the veteran’s capacity to undertake the program; and

                      (f)  the cost of the proposed program; and

                     (g)  the relative merits of any alternative appropriate programs; and

                     (h)  any other relevant matter.

3.2.2  Criteria for participation in the Scheme

                   The Commission may approve a veteran’s participation in the Scheme only if the Commission is satisfied that the veteran is likely:

                     (a)  to complete an approved program satisfactorily; and

                     (b)  to obtain a suitable paid employment outcome following completion of the approved program.

Note:          suitable paid employment outcome is defined in paragraph 1.3.1.

3.2.2A  Medical management and psychosocial services

                   The Commission may approve the inclusion of medical management services or psychosocial services in a rehabilitation program for a veteran if the Commission is satisfied that the services are reasonably required to:

                     (a)  assist the veteran to achieve or retain suitable paid employment; or

                     (b)  address an identified rehabilitation barrier as part of the process of assisting the veteran to achieve or retain suitable paid employment.

3.2.3  Elements not normally included in an approved program

                   An approved program should not normally include an element to be provided at Commonwealth expense that a normally prudent person would be expected to provide for themselves in order to protect their employment.

3.2.4  Failure to comply with an approved plan or approved program

                   If the Commission is satisfied that a veteran:

                     (a)  has, without reasonable cause, failed to comply with, or participate in, an important element of anapproved rehabilitation program; or

                     (b)  is not capable of completing an approved program;

the Commission may determine that the veteran is no longer participating in, or undertaking, a rehabilitation program under this Chapter.

Chapter 4Other assistance to veterans participating in the Scheme

 

 

Purpose of this Chapter:   Veterans participating in an approved program may receive other assistance under this Scheme. This Chapter provides the rules for such other assistance and the criteria by which applications for assistance are assessed.

4.1Other assistance available under this Chapter

4.1.1  Availability of other assistance

                   A veteran who is participating in an approved program under Chapter 2 or Chapter 3 may receive one or more of the following kinds of assistance under this Chapter:

                     (a)  transport and accommodation assistance;

                     (b)  aids, appliances and workplace modifications; and

                     (c)  education expenses;

only if the relevant kind of assistance is not reasonably available to the veteran from another source.

4.1.2  Application for a grant under this Chapter

                   A veteran who is participating in an approved program under Chapter 2 or Chapter 3 may apply for a grant under this Chapter by making an application:

                     (a)  in writing; and

                     (b)  in accordance with a form approved by the Commission for that purpose.

 

4.2Transport and accommodation assistance

4.2.1  Grant may be made in special circumstances

                   The Commission may, in special circumstances, make a grant towards assisting a veteran to meet additional transport and accommodation costs involved in obtaining rehabilitation services, medical management services, psychosocial services or other assistance under this Scheme that are provided a substantial distance from the veteran’s usual place of residence.

 

4.3Aids, appliances, and workplace modifications

4.3.1  Grant to veteran or employer

                   The Commission may make a grant to a veteran or to a veteran’s employer (for the veteran’s benefit) for the provision of aids, appliances or modifications of the veteran’s workplace that would enable the veteran to obtain or retain particular employment, and which the employer would not normally have to provide as an equal opportunity employer providing a safe working environment.

4.3.2  Assessment report to be obtained

                   If a veteran has applied for a grant under paragraph 4.3.1, the Secretary must obtain a report from a relevantly qualified person (such as an occupational therapist or rehabilitation specialist) assessing the veteran’s need for any aid, appliance or modifications of the veteran’s workplace for which an application has been made.

4.3.3  Regard must be had to assessment report

                   In considering an application for a grant under paragraph 4.3.1, the Commission must have regard to an assessment report obtained under paragraph 4.3.2.

 

4.3.4  Grant not to be for tools of trade or establishing a business

                   A grant under paragraph 4.3.1 is not to be made for the purchase of tools of trade or to assist in establishing a business.

4.4Education programs

4.4.1  Education programs

                   An education program may be part of an approved program and may include short course or other studies (not being a post‑graduate degree or graduate diploma course) at an educational institution, if the veteran requires:

                     (a)  a refresher course; or

                     (b)  an upgrade of existing qualifications; or

                     (c)  short term study;

to obtain employment in the same field or a related field in which the veteran has expertise or experience, provided that:

                     (d)  the studies are essential for the veteran to retain or obtain employment in the relevant field; and

                     (e)  there is a reasonable expectation that the veteran will retain or obtain sustainable employment in that field during, or at the end of, the studies; and

                      (f)  the Commission is satisfied that the veteran has the capacity to complete the education program successfully.

4.4.2  Grants for text books and study materials

                   Subject to paragraph 4.4.4, the Commission may approve grants totalling not more than $500 per semester to a veteran participating in the Scheme towards the cost of purchasing text books, a computer, software and other study materials necessary for the veteran’s approved program.

4.4.3  Application for excess expenses grant

                   If a veteran considers that the necessary expenditure in a semester will be substantially greater than the amount specified in paragraph 4.4.2, the veteran may apply for an excess expenses grant.

4.4.4  Commission may make excess expenses grant

                   The Commission may approve, in whole or in part, an application under paragraph 4.4.3 for an excess expenses grant, and in considering the application, must take into account:

                     (a)  the cost and availability of the required text books, a computer and other study materials from other reasonably accessible sources, such as educational institutions and libraries; and

                     (b)  the cost and availability of second‑hand text books and other study materials.

4.4.5  Payment of Higher Education Loan Program fees

                   If the Commission has approved an education program as part of a veteran’s approved program, the Commission may grant to the veteran an amount equal to the amount for which the veteran would be liable under the Higher Education Loan Program for the current semester of study.

4.4.6  Payment of Higher Education Loan Program fees after the first semester of a course of study

                   After the first semester of an education program, the Commission may make a grant under paragraph 4.4.5 to the veteran for the current semester of study only if:

                     (a)  the veteran has achieved a satisfactory standard of academic performance in the previous semester; or

                     (b)  the Commission is satisfied that the veteran will gain a significant vocational benefit from pursuing the course of study.

4.4.7  Payment of student union fees

                   If the Commission has approved an education program as part of a veteran’s approved program, the Commission may grant to the veteran an amount equal to the amount for which the veteran is liable for student union fees.

4.5Grants must be applied to the relevant purpose

4.5.1  Proof of payment may be required

                   If the Commission has made a grant under this Chapter, the Secretary may require the veteran to provide documentary evidence to show that the grant has been applied to the purpose for which it was granted.

4.5.2  Recovery of grant if not applied for the proper purpose

                   If the Commission has made a grant under this Chapter, and the Commission is satisfied that the grant (either in whole or in part) has not, within a reasonable time, been applied to the purpose for which it was granted, so much of that grant as the Commission determines has not been applied to that purpose, is an unauthorised payment for the purposes of paragraph 205(1)(d) of the Act and may be recovered in accordance with section 205 of the Act.

Chapter 5Notification of decisions and review rights

 

Purpose of this Chapter:   Veterans are to be notified of decisions of the Commission under this Scheme and if they are dissatisfied with any such decisions they may have them reviewed. This Chapter sets out those notification and review rights.

5.1Notification to veteran

5.1.1  Notification of decision and review rights

                   As soon as practicable after the Commission makes a decision under this Scheme, the Commission must cause to be served on the veteran:

                     (a)  a copy of its decision; and

                     (b)  particulars of the veteran’s right to have the decision reviewed.

5.2Review of decisions by the Repatriation Commission

5.2.1  Who may seek a review

                   A veteran who is dissatisfied with a decision of the Commission under:

                     (a)  section 115F of the Act; or

                     (b)  this Scheme;

may apply to the Commission to review the decision.

5.2.2  Making a request for review

                   An application for review of a decision must:

                     (a)  be made within 3 months after the veteran was notified of the decision in accordance with paragraph 5.1.1; and

                     (b)  set out the grounds on which the request is made; and

                     (c)  be in writing.

5.2.4  Review by the Commission

                   If an application for review of a decision is made in accordance with paragraph 5.2.1, the Commission must review the decision.

5.2.5  Delegate cannot review own decision

                   If the Commission has delegated its powers under this Scheme to the person who made the decision under review, that person must not review the decision.

5.2.6  The Commission’s powers on review

                   If the Commission reviews a decision under this Scheme, the Commission must affirm the decision or set it aside.

5.2.7  Substituted decision

                   If the Commission sets the decision aside it must substitute a new decision in accordance with this Scheme.

5.2.8  Notification of decisions upon review

                   As soon as practicable after the Commission makes a decision under paragraph 5.2.6 or 5.2.7, the Commission must cause to be served on the veteran:

                     (a)  a copy of its decision; and

                     (b)  a statement of reasons for that decision; and

                     (c)  particulars of the veteran’s right to have the decision reviewed.

5.3Review by the Administrative Appeals Tribunal

5.3.1  Application to the Administrative Appeals Tribunal

                   If the Commission has made a decision under paragraph 5.2.6 that affirms or sets aside and substitutes a decision, an application may be made to the Administrative Appeals Tribunal for a review of the decision of the Commission that was so affirmed or substituted.

5.3.2  Manner of applying for review

                   A veteran’s right to apply to the Tribunal under paragraph 5.3.1 is subject to section 29 of the Administrative Appeals Tribunal Act 1975.

Note:          section 29 of the Administrative Appeals Tribunal Act 1975 deals with the manner of applying for review, and among other things, requires an application to be in writing, in accordance with the approved form, setting out a statement of reasons for the application, and lodged with the Tribunal within the prescribed time.

5.3.3  Application of the Administrative Appeals Tribunal Act

                   Section 29 of the Administrative Appeals Tribunal Act 1975 applies to and in relation to an application to the Tribunal for a review of a decision of the Commission under this Scheme:

                     (a)  as if “ending 3 months” were substituted for “ending on the twenty‑eighth day” in subsection (2) of that section; and

                     (b)  as if at the end of subsection (7) there were added “until such date, being a date not more than 12 months after the date on which the document setting out the terms of the decision was furnished to the applicant, as the Tribunal deems fit”.

Note:          The effect of this provision is that an application to the Tribunal must be made within 3 months of notification of the decision of the Commission, and the Tribunal may extend time to appeal up to 12 months after such notification, but not later.

 


Endnotes

Endnote 1—About the endnotes

The endnotes provide information about this compilation and the compiled law.

The following endnotes are included in every compilation:

Endnote 1—About the endnotes

Endnote 2—Abbreviation key

Endnote 3—Legislation history

Endnote 4—Amendment history

Abbreviation key—Endnote 2

The abbreviation key sets out abbreviations that may be used in the endnotes.

Legislation history and amendment history—Endnotes 3 and 4

Amending laws are annotated in the legislation history and amendment history.

The legislation history in endnote 3 provides information about each law that has amended (or will amend) the compiled law. The information includes commencement details for amending laws and details of any application, saving or transitional provisions that are not included in this compilation.

The amendment history in endnote 4 provides information about amendments at the provision (generally section or equivalent) level. It also includes information about any provision of the compiled law that has been repealed in accordance with a provision of the law.

Editorial changes

The Legislation Act 2003 authorises First Parliamentary Counsel to make editorial and presentational changes to a compiled law in preparing a compilation of the law for registration. The changes must not change the effect of the law. Editorial changes take effect from the compilation registration date.

If the compilation includes editorial changes, the endnotes include a brief outline of the changes in general terms. Full details of any changes can be obtained from the Office of Parliamentary Counsel.

Misdescribed amendments

A misdescribed amendment is an amendment that does not accurately describe the amendment to be made. If, despite the misdescription, the amendment can be given effect as intended, the amendment is incorporated into the compiled law and the abbreviation “(md)” added to the details of the amendment included in the amendment history.

If a misdescribed amendment cannot be given effect as intended, the abbreviation “(md not incorp)” is added to the details of the amendment included in the amendment history.

 

 

 

 

Endnote 2—Abbreviation key

 

ad = added or inserted

o = order(s)

am = amended

Ord = Ordinance

amdt = amendment

orig = original

c = clause(s)

par = paragraph(s)/subparagraph(s)

C[x] = Compilation No. x

    /sub‑subparagraph(s)

Ch = Chapter(s)

pres = present

def = definition(s)

prev = previous

Dict = Dictionary

(prev…) = previously

disallowed = disallowed by Parliament

Pt = Part(s)

Div = Division(s)

r = regulation(s)/rule(s)

ed = editorial change

reloc = relocated

exp = expires/expired or ceases/ceased to have

renum = renumbered

    effect

rep = repealed

F = Federal Register of Legislation

rs = repealed and substituted

gaz = gazette

s = section(s)/subsection(s)

LA = Legislation Act 2003

Sch = Schedule(s)

LIA = Legislative Instruments Act 2003

Sdiv = Subdivision(s)

(md) = misdescribed amendment can be given

SLI = Select Legislative Instrument

    effect

SR = Statutory Rules

(md not incorp) = misdescribed amendment

Sub‑Ch = Sub‑Chapter(s)

    cannot be given effect

SubPt = Subpart(s)

mod = modified/modification

underlining = whole or part not

No. = Number(s)

    commenced or to be commenced

 

Endnote 3—Legislation history

 

Name

Registration

Commencement

Application, saving and transitional provisions

Veterans’ Vocational Rehabilitation Scheme

13 Aug 2015 (F2015L01263)

14 Aug  2015  (s 1.1.2)

 

Veterans’ Vocational Rehabilitation Scheme Amendment Instrument 2016

8 Mar 2016 (F2016L00248)

20 Mar 2016 (s 2)

 

Endnote 4—Amendment history

 

Provision affected

How affected

Chapter 1

 

s 1.1.2...............................

rep LA s 48D

s 1.1.3...............................

rep LA s 48C

s 1.3.1...............................

am F2016L00248

 

ed C1

s 1.3.3...............................

am F2016L00248

s 1.3.5...............................

am F2016L00248

s 1.3.6...............................

am F2016L00248

s 1.5.1...............................

am F2016L00248

Chapter 2

 

s 2.2.5...............................

ad F2016L00248

Chapter 3

 

s 3.2.1...............................

am F2016L00248

s 3.2.2A............................

ad F2016L00248

s 3.2.4...............................

am F2016L00248

Chapter 4

 

s 4.2.1...............................

am F2016L00248

 

 

 

Endnote 5—Editorial changes

In preparing this compilation for registration, editorial changes were made under the Legislation Act 2003. The following kinds of editorial changes were made:

 

Section 1.3.1  Definitions

 

·         removal of redundant text