{"id":"F2017L00759","name":"Military Rehabilitation and Compensation (Accelerated Access to Rehabilitation) Determination 2017","slug":"military-rehabilitation-and-compensation-accelerated-access-to-rehabilitation-determination-2017","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":96613,"registerId":"commonwealth-F2017L00759-current","compilationNumber":null,"startDate":"2026-04-02","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Name","content":"#### 1 Name\n\n This instrument is the Military Rehabilitation and Compensation (Accelerated Access to Rehabilitation) Determination 2017.","sortOrder":0},{"sectionNumber":"3","sectionType":"section","heading":"Authority","content":"#### 3 Authority\n\n This instrument is made under subsection 43(4) of the Military Rehabilitation and Compensation Act 2004.","sortOrder":1},{"sectionNumber":"4","sectionType":"section","heading":"Purpose","content":"#### 4 Purpose\n\n 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.\n\n> 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.\n\n> 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.","sortOrder":2},{"sectionNumber":"5","sectionType":"section","heading":"Definitions","content":"#### 5 Definitions\n\n In this instrument:\n\n> Act means the Military Rehabilitation and Compensation Act 2004.\n\n> Commission means the body corporate known as the Military Rehabilitation and Compensation Commission established under section 361 of the Act.\n\n> 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.\n\n> 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.\n\n> specified rehabilitation condition – see section 6.\n\n> 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.","sortOrder":3},{"sectionNumber":"6","sectionType":"section","heading":"Meaning of specified rehabilitation condition","content":"#### 6 Meaning of specified rehabilitation condition\n\n (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.\n (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.\n\n```html\n

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)

\n```","sortOrder":4},{"sectionNumber":"7","sectionType":"section","heading":"Determined class of persons","content":"#### 7 Determined class of persons\n\n For the purposes of paragraph 43(3)(c) of the Act, the following class of persons is determined:\n A person:\n (a) whose claim under paragraph 319(1)(a) of the Act involves one or more specified rehabilitation conditions; and\n (b) who is, in the opinion of the Commission, likely to benefit from participation in an early access to rehabilitation program; and\n (c) who consents to participation in an early access to rehabilitation program.","sortOrder":5},{"sectionNumber":"8","sectionType":"section","heading":"Determined class of persons—veteran payment recipients","content":"#### 8 Determined class of persons–veteran payment recipients\n\n For the purposes of paragraph 43(3)(c) of the Act, the following class of persons is determined:\n A person who:\n (a) has made a claim under paragraph 319(1)(a) of the Act; and\n (b) is receiving a veteran payment made under an instrument made under section 45SB of the Veterans’ Entitlements Act 1986.","sortOrder":6}],"analysis":{"kimi_summary":{"content_quality":"ok","complexity_score":4,"scope_assessment":{"changed":false,"description":"The instrument remains tightly focused on its original purpose of defining eligibility classes for accelerated rehabilitation access. The scope has not expanded beyond the specific mechanism established in 2017."},"complexity_factors":["Multiple external legislative references requiring cross-checking (Military Rehabilitation and Compensation Act 2004, Veterans' Entitlements Act 1986, and 25 separate Statements of Principles)","Dynamic referencing system where condition definitions automatically update when Statements of Principles change ('as in force from time to time')","Two distinct eligibility pathways with different criteria (section 7 vs section 8)","Subjective gateway criterion requiring Commission discretion ('likely to benefit')","Nested definitions: 'specified rehabilitation condition' depends on table entries, which depend on external instruments"],"plain_english_summary":"This instrument lets certain injured ADF members and veterans start rehabilitation before the government formally accepts liability for their injury. It fast-tracks early treatment for claimants with specified medical or mental-health conditions (e.g., PTSD, hearing loss) who are likely to benefit and consent, and for those already receiving interim veteran payments.\n\nBy enabling prompt care, it aims to reduce worsening injuries, shorten recovery times, and support quicker transition to civilian life."},"flash_summary":{"complexity_score":4,"scope_assessment":{"changed":false,"description":"This instrument stays within its stated purpose: it defines classes of persons eligible for early access to rehabilitation services after a claim is lodged and before liability is decided (s.4). Section 8 broadens eligibility form-wise by creating a second class (veteran payment recipients with a lodged claim) that does not require the claim to involve a listed \"specified rehabilitation condition,\" but that broadened eligibility is still directed to the same operational purpose (early access to rehabilitation). The instrument therefore expands who can be selected for early services within the original policy objective rather than growing the law beyond that objective."},"complexity_factors":["Short instrument length (8 numbered sections only)","6 defined terms in the definitions section (s.5)","A 25-item table of specified medical and mental‑health conditions cross‑referencing multiple Statement of Principles entries (s.6)","References to external, dynamically-updated instruments (Statements of Principles) that determine the meaning of listed conditions (s.6)","Two separate eligibility classes with different entry requirements (s.7 and s.8)","Use of the Commission's subjective judgment term \"in the opinion of the Commission\" (s.7) introducing administrative discretion","Interaction with multiple provisions of the Military Rehabilitation and Compensation Act 2004 (notably s.43(3)(c),(d), s.44, s.51 and s.319) requiring cross‑referencing","Funding and operational delivery left to the Department and Commission rather than specified here (definition and s.4), creating implementation dependency"],"plain_english_summary":"**What this instrument does (mechanics)\n\n- Creates a written rule that identifies who may be given \"early access\" to rehabilitation services under the Military Rehabilitation and Compensation Act 2004 (the Act). (see s.3 and s.4)\n- Lists specific medical and mental-health conditions that qualify as \"specified rehabilitation conditions\" by reference to particular Repatriation Medical Authority \"Statements of Principles\" (these are external medical determinations that define conditions and how they are to be interpreted). (see s.5 and s.6)\n- Declares two classes of people who may be selected by the Military Rehabilitation and Compensation Commission (the Commission) for early rehabilitation before liability for their compensation claim is finally determined: \n - Class A: people whose claim involves one or more of the specified conditions, who the Commission thinks are likely to benefit from an early program, and who consent to participate. (see s.7) \n - Class B: people who have lodged a claim and are receiving a veteran payment under an instrument made under section 45SB of the Veterans’ Entitlements Act 1986. (see s.8)\n- Confirms that the early programs are Department-funded intervention programs intended to help selected claimants meet recovery goals and transition to civilian life. (definition of \"early access to rehabilitation program\" in s.5)\n\n\nWhy it matters (purpose claimed by the instrument)\n\n- The instrument’s stated purpose is to permit the Commission to provide rehabilitation services to selected claimants after a claim is lodged and before the Commission has determined liability. In practical terms, it allows some claimants to start funded rehabilitation earlier than would otherwise be possible. (see s.4 and note under s.4)\n\n\nWho it affects and who pays\n\n- Affected individuals: current or former ADF members (claimants under the Act) whose claim involves one of the listed medical or mental-health conditions, and some people receiving certain veteran payments. Participation for Class A requires the person’s consent; the Commission must also form the view the person will likely benefit. (see s.6–s.8)\n- Decision-maker: the Military Rehabilitation and Compensation Commission decides who from the eligible class will actually be selected for early services (the instrument creates eligibility classes, selection is by Commission). (see s.4, s.7)\n- Payer: the Department (Commonwealth) funds the early access programs described in the instrument. (definition of \"early access to rehabilitation program\" in s.5)\n\n\nPractical effects, incentives and trade-offs\n\n- Behavioural effect on claimants: creates an option to receive rehabilitation earlier, subject to selection and consent. This may encourage earlier engagement with rehabilitation services. (s.7)\n- Administrative discretion: the Commission must form an opinion that a person is \"likely to benefit\" before selecting them. That introduces an exercise of judgment rather than an automatic entitlement, so outcomes depend on Commission practice and internal selection criteria. (s.7)\n- Fiscal trade-off: the Department bears the cost of early programs. Those costs are concentrated benefits to selected claimants and potentially to contracted rehabilitation providers, while the cost is spread across departmental budgets/taxpayers. The instrument does not set expenditure limits or eligibility quotas. (definition of early access program; s.7–s.8)\n- Interaction with medical standards: the list of qualifying conditions is anchored to Statements of Principles maintained by the Repatriation Medical Authority and is explicitly subject to later updates (“as in force from time to time”). That makes the qualifying condition list dynamic and dependent on external medical determinations. (s.6)\n- Effect on private providers and markets: the instrument itself does not regulate private providers; however, by creating Department-funded demand for early rehabilitation services, it may increase contracting opportunities for private rehabilitation and allied‑health providers. It does not prescribe procurement or service delivery models. (definition of early access program)\n- Compliance and access burden: claimants must both have a qualifying claim and either be selected by the Commission (Class A) or be a veteran payment recipient with a lodged claim (Class B). Class A also requires consent. These gatekeeping steps limit automatic access and create minimal compliance burdens for claimants (application/selection processes) and administrative burden for the Commission. (s.7–s.8)\n\n\nImplementation risks and administrative issues\n\n- Discretion and transparency risk: selection depends on a Commission opinion of likely benefit; without published selection criteria there is risk of inconsistent outcomes or perceived unfairness. (s.7)\n- Dependence on external instruments: the qualifying conditions rely on Statements of Principles that may be varied over time, so eligibility can change without this instrument being re-made. That creates operational complexity for caseworkers and claimants. (s.6)\n- Coverage questions: Class B (veteran payment recipients) is wider in form and does not require the claim to involve a listed specified rehabilitation condition—this can broaden who may receive early services compared with Class A. (s.8)\n\n\nNet framing in practical terms\n\n- The determination creates a targeted, administratively gated pathway for some injured or ill claimants to receive government‑funded rehabilitation services before a legal determination of liability. It requires Commission selection and claimant consent, funds services via the Department, and ties the medical qualifying criteria to evolving Repatriation Medical Authority Statements of Principles. (s.4–s.8)\n\n(Section references in parentheses are to provisions of this Determination: s.3–s.8; definitions in s.5 and the specified‑condition list in s.6.)"},"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"}},"importantCases":[],"_links":{"self":"/api/acts/military-rehabilitation-and-compensation-accelerated-access-to-rehabilitation-determination-2017","history":"/api/acts/military-rehabilitation-and-compensation-accelerated-access-to-rehabilitation-determination-2017/history","analysis":"/api/acts/military-rehabilitation-and-compensation-accelerated-access-to-rehabilitation-determination-2017/analysis","conflicts":"/api/acts/military-rehabilitation-and-compensation-accelerated-access-to-rehabilitation-determination-2017/conflicts","importantCases":"/api/acts/military-rehabilitation-and-compensation-accelerated-access-to-rehabilitation-determination-2017/important-cases","documents":"/api/acts/military-rehabilitation-and-compensation-accelerated-access-to-rehabilitation-determination-2017/documents"}}