{"id":"F2021L01880","name":"Military Rehabilitation and Compensation (Non-liability Rehabilitation Pilot) Determination 2021","slug":"military-rehabilitation-and-compensation-non-liability-rehabilitation-pilot-determination-2021","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":441134,"registerId":"F2021L01880-fast-fetch-1775956519107","compilationNumber":null,"startDate":"2026-04-12","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Military Rehabilitation and Compensation (Non-liability Rehabilitation Pilot) Determination 2021","content":"---\nmeta-content-style-type: text/css\nmeta-content-type: application/xhtml+xml; charset=utf-8\ntitle: Military Rehabilitation and Compensation (Accelerated Access to Rehabilitation) Determination 2017\n---\n\n?xml version=\"1.0\" encoding=\"utf-8\" standalone=\"no\"?>\n\n![Commonwealth Coat of Arms of Australia](image.001.png)\n\nMilitary Rehabilitation and Compensation (Non-liability Rehabilitation Pilot) Determination 2021\n\nInstrument 2021 No. MRCC43\n\nThe Military Rehabilitation and Compensation Commission, under subsection 53D(1) of the Military Rehabilitation and Compensation Act 2004, makes the following determination:\n\n \n\n \n\n \n\n \n\nDated this                         21st                  day of          December                              2021\n\n \n\n \n\n \n\nThe Seal of the Military Rehabilitation and  )\n\nCompensation Commission was affixed  )  SEAL\n\nhereto in the presence of:    )\n\n \n\n \n\n \n\n \n\n…………………Elizabeth Cosson…………………………………………………… Don Spinks ……………………………………………Gwen Cherne ………………..\n\n| ELIZABETH COSSON | DONALD SPINKS | GWEN CHERNE |\n| --- | --- | --- |\n| AM CSC | AM |  |\n| Chair | Member | Member |\n\n\n \n\n   ………………………… Sarah Sharkey …………………………………………… ………..……………..……..…………………Wade Stothart……..\n\n- REAR ADMIRAL SARAH SHARKEY WADE STOTHART\n- AM CSC RAN DSC AM CSC\n- Member Member\n\n\n \n\n \n\nContents\n\n1 Name\n\n   2            Commencement…………………………………………............................................................1  \n\n3 Authority\n\n4 Purpose\n\n5 Definitions\n\n6 Determined class of persons.......................2\n\n   7             Conditions applicable to the provision of a rehabilitation program    2 \n\n   8 Limits applicable to the provision of rehabilitation program             3\n\n \n\n \n\n \n\n \n\n1  Name\n\n  This instrument is the Military Rehabilitation and Compensation (Non-liability Rehabilitation Pilot) Determination 2021.\n\n2  Commencement\n\n  This instrument commences immediately after the commencement of Schedule 5 to the Veterans’ Affairs Legislation Amendment (Exempting Disability Payments from Income Testing and Other Measures) Act 2021.\n\n \n\n Note: Section 2 of the Veterans’ Affairs Legislation Amendment (Exempting Disability Payments from Income Testing and Other Measures) Act 2021 provides for that schedule to commence on 1 January 2022.             \n\n3  Authority\n\n  This instrument is made under subsection 53D(1) of the Military Rehabilitation and Compensation Act 2004.\n\n4  Purpose\n\n  The purpose of this instrument is:\n\n1.       to determine a class of persons who will be eligible (subject to further selection by the Commission) for access to an approved rehabilitation program provided under the program established by the Commonwealth and known as the non‑liability rehabilitation pilot; and\n2.       to set out the limits and conditions that will apply to an approved rehabilitation program under subsection 53C(3) of the Act.\n\n\n  Note: The Commission is empowered, under paragraph 53B(1)(d) of the Act to determine in writing that Part 2A of Chapter 3 of the Act applies to a person, and that one of the criterion that must be met is that the person must fall within the class determined by this instrument (paragraph 53B(1)(c) refers). The effect of paragraph 53B(1)(d) of the Act is to enable the Commission, by determination in writing, and in addition to the criteria set out in paragraphs 53B(1)(a) and (b), to select persons from the class determined by this instrument to be provided with an approved rehabilitation program under the non-liability rehabilitation pilot.\n\n5  Definition\n\n  In this instrument:\n\nAct means the Military Rehabilitation and Compensation Act 2004.\n\napproved program provider has the same meaning as in the Act.\n\napproved rehabilitation program means a rehabilitation program provided under section 53C of the Act for a person by the person’s rehabilitation authority.\n\n  Note:  Subsection 53C(2) of the Act provides that for the purposes of designing or providing a    rehabilitation program:\n\n1.          the rehabilitation authority or approved program provider may seek the assistance of persons with suitable qualifications or expertise in the design or provision of rehabilitation programs; and\n2.        the rehabilitation authority or approved program provider may take into account any relevant information of which it is aware or that is brought to its attention.\n\n\nCommission means the body corporate known as the Military Rehabilitation and Compensation Commission established under section 361 of the Act.\n\nformer member means a person who:\n\n1.       is a former member (within the meaning of the Act); and\n2.       who was a member at any time on or after 1 December 1988.\n\n\nmember has the same meaning as in the Act.\n\nparticipant means a person undertaking an approved rehabilitation program provided by an approved program provider under the non-liability rehabilitation pilot.\n\npsycho-social training includes but is not limited to services and activities to assist with building social connectedness and overcoming barriers to social wellbeing.\n\nNote:    Examples of psycho-social training include, but are not limited to, community inclusion activities, sporting clubs, hobby clubs and wellbeing activities.\n\nrehabilitation authority has the same meaning as in the Act.\n\nrehabilitation program means either or both psycho-social training or vocational assessment and rehabilitation provided to a member or former member under Part 2A of Chapter 3 of the Act that has been approved by the rehabilitation authority and provided by an approved program provider.\n\nvocational assessment and rehabilitation includes, but is not limited to the types of assistance set out in subsection 18D(3) of the Military Rehabilitation and Compensation Regulations 2020.\n\n6  Determined class of persons\n\n  For the purposes of paragraph 53B(1)(c) of the Act, the following class of persons is determined:\n\n  A member or former member who:\n\n(a) is, in the opinion of the Commission, likely to benefit from participation in the non-liability rehabilitation pilot; and\n\n  (b) consents to participate in the non-liability rehabilitation pilot.\n\n \n\n \n\n7 Conditions applicable to the provision of a rehabilitation program \n\n \n\nFor the purposes of paragraph 53C(3)(a) of the Act, the conditions under which an approved rehabilitation program is provided by an approved program provider under the non-liability rehabilitation pilot are that the participant:\n\n1.       resides in Australia; and\n2.       is not:\n\n\n(i)  undertaking an approved rehabilitation program under the Act (within the meaning of that Act); or\n\n(ii) undertaking a rehabilitation program under section 37 of the Safety, Rehabilitation and Compensation (Defence‑related Claims) Act 1988 (within the meaning of that Act); or\n\n(iii)   receiving, or previously received, assistance to transition into civilian work under Part 3A of the Military Rehabilitation and Compensation Regulations 2020.\n\n8 Limits applicable to the provision of rehabilitation program \n\n(1) Subject to subsection (2), for the purposes of paragraph 53C(3)(b) of the Act, the limits (whether financial or otherwise) under which an approved rehabilitation program is provided by an approved program provider are:\n\n1.       an amount not exceeding $4,000 may be allocated to pay for the cost of managing an approved rehabilitation program;\n2.       an amount not exceeding $2,500 may be allocated for psychosocial training activities, which may include activities such as sport/exercise membership fees, community club membership fees, and short courses that promote health and wellbeing; and\n3.       an amount not exceeding $2,000 may be allocated for vocational assessment and rehabilitation, which may include the activities outlined in subsection 18D(3) of the Military Rehabilitation and Compensation Regulations;\n4.       the duration of an approved rehabilitation program is not to exceed six months;\n5.       where a participant has elected to again participate in the non-liability rehabilitation pilot after the conclusion of an approved rehabilitation program their new program is not to provide the same, or substantially the same activities that were provided in the concluded program.\n\n\n(2) The maximum amounts payable for activities under an approved rehabilitation program, the duration of an approved rehabilitation program and the activities that can be provided under an approved rehabilitation program, may be varied by the rehabilitation authority.\n\n \n\n \n\n \n","sortOrder":0}],"analysis":{"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"The instrument does not alter the statutory scheme; it specifies the eligible class, operational conditions and limits for a pilot within the powers granted by the Act. It implements (rather than expands or narrows) Part 2A pilot arrangements by setting selection criteria, exclusions, funding caps and duration (ss 4, 6–8)."},"complexity_factors":["Delegated selection and eligibility: Commission must first form an opinion that a member will likely benefit and obtain consent (s 6), creating an administrative selection step.","Cross‑references to the primary Act: Instrument operates under subsection 53D(1) and implements paragraph 53B(1)(c)/(d) and 53C(3) of the Military Rehabilitation and Compensation Act 2004 (ss 3, 4 note).","Eligibility exclusions: residency requirement and exclusions for those already in other rehabilitation programs or certain prior assistance (s 7), which requires checks by providers/authorities.","Fixed financial and temporal caps: specified maximum allocations and a six‑month program duration create clear budgetary/compliance limits (s 8(1)).","Variation discretion: rehabilitation authority may vary amounts, duration and activities, introducing administrative discretion and potential uncertainty (s 8(2)).","Overlap with other schemes: references to the Safety, Rehabilitation and Compensation (Defence‑related Claims) Act 1988 and Military Rehabilitation and Compensation Regulations 2020 mean implementers must coordinate across instruments (s 7(ii), definitions)."],"plain_english_summary":"This determination defines who can be selected for a Commonwealth non‑liability rehabilitation pilot for current and former Defence members and sets how approved providers will deliver and be funded to provide psycho‑social and vocational support. It imposes residency and program‑exclusion rules, caps on spending per participant, a time limit for programs, and leaves selection and some variation powers with the Commission and rehabilitation authorities."},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"kimi_summary":{"content_quality":"ok","complexity_score":3,"scope_assessment":{"changed":false,"description":"The instrument remains tightly scoped to its original purpose as a pilot program for non-liability rehabilitation. It establishes eligibility criteria, conditions, and financial limits for a discrete trial without expanding into broader compensation or administrative matters."},"complexity_factors":["Short instrument: only 8 sections spanning 3 pages of substantive content","Minimal defined terms: only 9 definitions in section 5, most referencing existing legislation rather than creating new concepts","Simple conditional structure: single eligibility test in section 6 (likely to benefit + consent) with three exclusion conditions in section 7","Straightforward financial caps: fixed dollar amounts ($4,000/$2,500/$2,000) with single override provision in subsection 8(2)","Limited cross-referencing: references to parent Act (MRCA 2004) and Regulations are standard and non-nested","No exceptions to exceptions: clean structure without layered conditional logic"],"plain_english_summary":"This Determination creates a time‑limited pilot letting eligible current and former ADF members access rehabilitation services without proving their injury or illness is service‑related. Participants (who consent and live in Australia) can receive short‑term psycho‑social and vocational supports plus program management to aid social connection and return to work.\n\nIt matters because it removes the liability hurdle, aiming to get at‑risk or isolated veterans faster help even before a compensation claim is lodged."}},"importantCases":[],"_links":{"self":"/api/acts/military-rehabilitation-and-compensation-non-liability-rehabilitation-pilot-determination-2021","history":"/api/acts/military-rehabilitation-and-compensation-non-liability-rehabilitation-pilot-determination-2021/history","analysis":"/api/acts/military-rehabilitation-and-compensation-non-liability-rehabilitation-pilot-determination-2021/analysis","conflicts":"/api/acts/military-rehabilitation-and-compensation-non-liability-rehabilitation-pilot-determination-2021/conflicts","importantCases":"/api/acts/military-rehabilitation-and-compensation-non-liability-rehabilitation-pilot-determination-2021/important-cases","documents":"/api/acts/military-rehabilitation-and-compensation-non-liability-rehabilitation-pilot-determination-2021/documents"}}