Commonwealth Coat of Arms of Australia

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

Instrument 2017 No. MRCC22

made under subsection 43(4) of the

Military Rehabilitation and Compensation Act 2004

Compilation No. 1

Compilation date:   1 May 2018

Includes amendments up to: F2018L00472

Registered:    1 May 2018

 

About this compilation

This compilation

This is a compilation of the Military Rehabilitation and Compensation (Accelerated Access to Rehabilitation) Determination 2017 that shows the text of the law as amended and in force on 1 May 2018 (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.

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If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.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

1 Name

3 Authority

4 Purpose

5 Definitions

6 Meaning of specified rehabilitation condition

7 Determined class of persons

8 Determined class of persons–veteran payment recipients

Endnotes

Endnote 1—About the endnotes

Endnote 2—Abbreviation key

Endnote 3—Legislation history

Endnote 4—Amendment history

1  Name

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

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.

Nonmelanotic Malignant Neoplasm of the Skin

 

subsection 7(2) of the Statement of Principles concerning Nonmelanotic 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.

8  Determined class of persons–veteran payment recipients

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

  A person who:

 (a) has made a claim under paragraph 319(1)(a) of the Act; and

 (b) is receiving a veteran payment made under an instrument made under section 45SB of the Veterans’ Entitlements Act 1986.

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

    /subsubparagraph(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

SubCh = SubChapter(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

Military Rehabilitation and Compensation (Accelerated Access to Rehabilitation) Determination 2017
2017 No. MRCC22

27 June 2017 (F2017L00759)

1 July 2017 (s 2)

 

Military Rehabilitation and Compensation (Accelerated Access to Rehabilitation) Amendment Determination 2018
2018 No. MRCC58

6 Apr 2018 (F2018L00472)

 1 May 2018 (s 2)

 

Endnote 4—Amendment history

 

Provision affected

How affected

s 2.....................

rep LA s 48D

s 8.....................

ad F2018L00472