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

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If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.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

1............ Name................................................................................................... 1

3............ Authority............................................................................................. 1

4............ Purpose............................................................................................... 1

5............ Definitions.......................................................................................... 1

6............ Meaning of specified rehabilitation condition...................................... 2

7............ Determined class of persons............................................................... 4

8............ Determined class of persons–veteran payment recipients.................... 4

Endnotes5

Endnote 1—About the endnotes  5

Endnote 2—Abbreviation key  6

Endnote 3—Legislation history  7

Endnote 4—Amendment history  8

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 Actto 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 Actand 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 Actinvolves 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	/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
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