Veterans' Affairs Legislation Amendment (Exempting Disability Payments from Income Testing and Other Measures) Act 2021 (142 of 2021)

Schedule 5   Non-liability rehabilitation pilot

Military Rehabilitation and Compensation Act 2004

5   After Part 2 of Chapter 3

Insert:

Part 2A - Non-liability rehabilitation pilot

53A Simplified outline of this Part

There is a non-liability rehabilitation pilot for certain members or former members who:

(a) have not made a claim for acceptance of liability by the Commission for a service injury or disease; and

(b) need not have a service injury or disease.

For these members or former members, a rehabilitation program is to be provided that consists of either or both of the following:

(a) vocational assessment and rehabilitation;

(b) psycho-social training.

53B Persons to whom this Part applies

(1) This Part applies to a person if:

(a) either:

(i) the person is a member; or

(ii) the person is a former member but the person was a member at any time on or after 1 December 1988; and

(b) the person has not made a claim of a kind referred to in paragraph 319(1)(a); and

(c) the person is included in a class of persons determined in an instrument under section 53D; and

(d) the Commission has determined, in writing, that this Part applies to the person.

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

(3) The member or former member need not have sustained a service injury or contracted a service disease.

(4) Sections 7, 8 and 9 of the Military Rehabilitation and Compensation (Consequential and Transitional Provisions) Act 2004 do not apply for the purposes of this Part.

53C Provision of rehabilitation programs

(1) The rehabilitation authority for a person to whom this Part applies must make arrangements with an approved program provider for the provision of a rehabilitation program for the person that consists of either or both of the following:

(a) vocational assessment and rehabilitation;

(b) psycho-social training.

(2) For the purposes of designing or providing the rehabilitation program:

(a) the rehabilitation authority or approved program provider concerned may seek the assistance of persons with suitable qualifications or expertise in the design or provision of rehabilitation programs; and

(b) the rehabilitation authority or approved program provider concerned may take into account any relevant information of which it is aware or that is brought to its attention.

Conditions and limits

(3) A rehabilitation program under this section is subject to:

(a) the conditions in relation to the provision of the program that are determined in an instrument under section 53D; and

(b) the limits (whether financial or otherwise) in relation to the provision of the program that are determined in that instrument.

Cost of rehabilitation program to be paid by Commonwealth

(4) The cost of a rehabilitation program under this section is to be paid by the Commonwealth.

Section 38 does not apply

(5) Section 38 does not apply for the purposes of this Part.

53D Legislative instrument

(1) The Commission may, by legislative instrument:

(a) determine a class of persons for the purposes of paragraph 53B(1)(c); and

(b) determine conditions in relation to the provision of a rehabilitation program for the purposes of paragraph 53C(3)(a); and

(c) determine limits (whether financial or otherwise) in relation to the provision of a rehabilitation program for the purposes of paragraph 53C(3)(b).

(2) Without limiting subsection (1), a determination under that subsection may make provision for and in relation to an approved program provider or the Commission being satisfied of one or more specified matters.