Veterans' Affairs Legislation Amendment (Budget Measures) Act 2017 (59 of 2017)

Schedule 3   Rehabilitation programs

Safety, Rehabilitation and Compensation (Defence-related Claims) Act 1988

11   After subsection 36(1)

Insert:

(1A) If:

(a) an employee has made a claim under Part V in relation to an injury to the employee; and

(b) the relevant authority has not determined the claim; and

(c) the person is included in a class of persons determined in an instrument under subsection (1B); and

(d) the MRCC has determined, in writing, that this section applies to the person;

the rehabilitation authority may at any time, and must on the written request of the employee, arrange for the assessment of the employee's capability of undertaking a rehabilitation program.

(1B) The MRCC may, by legislative instrument, determine a class of persons for the purposes of paragraph (1A)(c).

(1C) A determination under paragraph (1A)(d) is not a legislative instrument.