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2017 No. MRCC22 Determinations/Other as made
This determination enables the Military Rehabilitation and Compensation Commission to determine a class of persons who will be eligible for early access to rehabilitation services after a claim for liability under the Military Rehabilitation and Compensation Act 2004 has been made and before that claim has been determined.
Administered by: Veterans' Affairs
Made 26 Jun 2017
Registered 27 Jun 2017
Tabled HR 08 Aug 2017
Tabled Senate 08 Aug 2017

 

 

 

 

Military Rehabilitation and Compensation Commission

 

 

 

Military Rehabilitation and Compensation (Accelerated Access to Rehabilitation) Determination 2017

 

Instrument 2017 No. MRCC22

 

 

 

 

 

 

The Military Rehabilitation and Compensation Commission, by its delegates, under subsection 43(4) of the Military Rehabilitation and Compensation Act 2004 makes the following instrument.

 

 

Dated this  26th  day of  June 2017

 

 

 

 

 

 

 

The Seal of the                                                                    )

Military Rehabilitation and Compensation Commission    )  SEAL

was affixed hereto in the                                                     )

presence of:                                                                         )

 

 

   Simon Lewis                                    C Orme                                              MA Kelly

………………………………………………………………………………………………………..

   SIMON LEWIS                                         CRAIG ORME                                  Major General Mark Kelly

                                                                         DSC AM CSC                                                        AO DSC

CHAIR and DELEGATE                  MEMBER and DELEGATE                          MEMBER and DELEGATE

 

 

1 Name

 

This instrument is the Military Rehabilitation and Compensation (Accelerated Access to Rehabilitation) Determination 2017.

 

 

2 Commencement

 

This instrument commences immediately after the commencement of items 1 to 6 of Schedule 3 to the Veterans’ Affairs Legislation Amendment (Budget Measures) Act 2017.

 

Note:  Section 2 of the Veterans’ Affairs Legislation Amendment (Budget Measures) Act 2017 provides for those items to commence on the 28th day after the Veterans’ Affairs Legislation Amendment (Budget Measures) Bill 2017 receives the Royal Assent.

 

 

3 Authority

 

This instrument is made under subsection 43(4) of the Military Rehabilitation and Compensation Act 2004.

 

 

4 Purpose

 

The purpose of this instrument is to determine a class of persons who will be eligible (subject to further selection by the Commission) for early access to rehabilitation services during the period after the person has made a claim for liability under the Act and before liability for that claim has been determined.

 

Note 1:  The Commission is empowered, under paragraph 43(3)(d) of the Act to determine in writing that Part 2 of Chapter 3 of the Act (rehabilitation programs) applies to a person who falls within the class determined by this instrument. 

 

Note 2: The effect of this provision is to enable the Commission, by determination in writing, to select persons from the class determined by this instrument to be provided with rehabilitation services after they have made a claim under paragraph 319(1)(a) of the Act and before that claim has been determined.

 

 

5 Definitions

 

In this instrument:

 

Act means the Military Rehabilitation and Compensation Act 2004.

 

Commission means the body corporate known as the Military Rehabilitation and Compensation Commission established under section 361 of the Act.

 

early access to rehabilitation program means an early intervention program funded by the Department to provide rehabilitation services to selected eligible claimants with the aim of assisting them to meet their recovery goals and transition to civilian life.

 

rehabilitation services means a service provided under Part 2 of Chapter 3 of the Act including a request for assessment (initial assessment or further assessment) mentioned in section 44 of the Act and a rehabilitation program mentioned in section 51 of the Act.

 

specified rehabilitation condition – see section 6.

 

Statement of Principles means a determination made by the Repatriation Medical Authority under subsection 196B(3) of the Veterans’ Entitlements Act 1986 (VEA) for the purposes of the VEA and the Act.

 

 

6 Meaning of specified rehabilitation condition

 

(1)   In this instrument, a specified rehabilitation condition means a medical condition or a mental health condition listed in column 1 of the table in this section.

 

(2)   Each condition in column 1 of the table in this section has the meaning given in the provision of the Statement of Principles, as in force from time to time, listed in column 2 for the corresponding condition, or the meaning given in any subsequent Statement of Principles, as in force from time to time, for that condition.

 

 

Column 1

 

Column 2

 

Medical conditions

1.

Achilles Tendinopathy and Bursitis

subsection 7(2) of the Statement of Principles concerning Achilles Tendinopathy and Bursitis (Balance of Probabilities) (No. 97 of 2015)

2.

Chondromalacia Patella

 

paragraph 3(b) of the Statement of Principles concerning Chondromalacia Patella (Balance of Probabilities) (No. 80 of 2010)

3.

Cut, Stab, Abrasion and Laceration

 

subsection 7(2) of the Statement of Principles concerning Cut, Stab, Abrasion and Laceration (Balance of Probabilities) (No. 54 of 2016)

4.

Dislocation

 

paragraph 3(b) of the Statement of Principles concerning Dislocation (Balance of Probabilities) (No. 25 of 2010)

5.

Fracture

 

subsection 7(2) of the Statement of Principles concerning Fracture (Balance of Probabilities) (No. 95 of 2015)

6.

Internal Derangement of the Knee

 

paragraph 3(b) of the Statement of Principles concerning Internal Derangement of the Knee (Balance of Probabilities) (No. 52 of 2010)

7.

Intervertebral Disc Prolapse

 

subsection 7(2) of the Statement of Principles concerning Intervertebral Disc Prolapse (Balance of Probabilities) (No. 44 of 2016)

8.

Joint Instability

 

paragraph 3(b) of the Statement of Principles concerning Joint Instability (Balance of Probabilities) (No. 33 of 2010)

9.

Labral Tear

 

paragraph 3(b) of the Statement of Principles concerning Labral Tear (Balance of Probabilities) (No. 95 of 2010)

10.

Lumbar Spondylosis

 

paragraph 3(b) of the Statement of Principles concerning Lumbar Spondylosis (Balance of Probabilities) (No. 63 of 2014)

11.

Non-melanotic Malignant Neoplasm of the Skin

 

subsection 7(2) of the Statement of Principles concerning Non-melanotic Malignant Neoplasm of the Skin (Balance of Probabilities) (No. 8 of 2016)

12.

Osteoarthritis

 

paragraph 3(b) of the Statement of Principles concerning Osteoarthritis (Balance of Probabilities) (No. 14 of 2010)

13.

Plantar Fasciitis

 

paragraph 3(b) of the Statement of Principles concerning Plantar Fasciitis (Balance of Probabilities) (No. 52 of 2015)

14.

Rotator Cuff Syndrome

 

paragraph 3(b) of the Statement of Principles concerning Rotator Cuff Syndrome (Balance of Probabilities)

(No. 101 of 2014)

15.

Sensorineural Hearing Loss

 

paragraph 3(b) of the Statement of Principles concerning Sensorineural Hearing Loss (Balance of Probabilities) (No. 6 of 2011)

16.

Shin Splints

 

paragraph 3(b) of the Statement of Principles concerning Shin Splints (Balance of Probabilities) (No. 10 of 2015)

17.

Solar Keratosis

 

paragraph 3(b) of the Statement of Principles concerning Solar Keratosis (Balance of Probabilities) (No. 74 of 2012)

18.

Sprain and Strain

 

paragraph 3(b) of the Statement of Principles concerning Sprain and Strain (Balance of Probabilities) (No. 95 of 2011)

19.

Thoracic Spondylosis

 

paragraph 3(b) of the Statement of Principles concerning Thoracic Spondylosis (Balance of Probabilities) (No. 65 of 2014)

20.

Tinnitus

 

paragraph 3(b) of the Statement of Principles concerning Tinnitus (Balance of Probabilities) (No. 34 of 2012)

 

Mental Health conditions

21.

Alcohol Use Disorder

paragraph 3(b) of the Statement of Principles concerning Alcohol Use Disorder (Balance of Probabilities)

(No. 2 of 2009)

22.

Anxiety Disorder

paragraph 3(b) of the Statement of Principles concerning Anxiety Disorder (Balance of Probabilities) (No. 103 of 2014)

23.

Depressive Disorder

subsection 7(2) of the Statement of Principles concerning Depressive Disorder (Balance of Probabilities)

(No. 84 of 2015)

24.

Posttraumatic Stress Disorder

paragraph 3(b) of the Statement of Principles concerning Posttraumatic Stress Disorder (Balance of Probabilities) (No. 83 of 2014)

25.

Substance Use Disorder

paragraph 3(b) of the Statement of Principles concerning Substance Use Disorder (Balance of Probabilities)

(No. 4 of 2009)

 

 

7 Determined class of persons

 

For the purposes of paragraph 43(3)(c) of the Act, the following class of persons is determined:

 

A person:

 

(a)    whose claim under paragraph 319(1)(a) of the Act involves one or more specified rehabilitation conditions; and

 

(b)   who is, in the opinion of the Commission, likely to benefit from participation in an early access to rehabilitation program; and

 

(c)    who consents to participation in an early access to rehabilitation program.