{"id":"F2018L00471","name":"Safety, Rehabilitation and Compensation (Defence-related Claims) (Accelerated Access to Rehabilitation) Determination 2018","slug":"safety-rehabilitation-and-compensation-defence-related-claims-accelerated-access-to-rehabilitation-d","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":100000,"registerId":"commonwealth-F2018L00471-current","compilationNumber":null,"startDate":"2026-04-02","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Safety, Rehabilitation and Compensation (Defence-related Claims) (Accelerated Access to Rehabilitation) Determination 2018","content":"# ![](image.001.png)\n\nMilitary Rehabilitation and Compensation Commission\n\nSafety, Rehabilitation and Compensation (Defence-related Claims) (Accelerated Access to Rehabilitation) Determination 2018\n\nInstrument 2018 No. MRCC57\n\n| The Military Rehabilitation and Compensation Commission, under subsections 36(1B) and 37(1B) of the Safety, Rehabilitation and Compensation (Defence-related Claims) Act 1988, makes the following instrument.Dated this 5th day of April 2018The Seal of the )Military Rehabilitation and Compensation Commission ) SEALwas affixed hereto in the )presence of: )Simon Lewis C Orme M A KellySIMON LEWIS CRAIG ORME MAJOR GENERAL MARK KELLYDSC AM CSC AO DSCCHAIR MEMBER MEMBERB S Wolski Jennifer TaylorREAR ADMIRAL BRETT WOLSKI JENNIFER TAYLORAMMEMBER MEMBER |\n| ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- |\n\n1 Name\n\nThis instrument is the Safety, Rehabilitation and Compensation (Defence-related Claims) (Accelerated Access to Rehabilitation) Determination 2018.\n\n2 Commencement\n\nThis instrument commences, or is taken to have commenced, on 1 May 2018.\n\n3 Authority\n\nThis instrument is made under subsections 36(1B) and 37(1B) of the Safety, Rehabilitation and Compensation (Defence-related Claims) Act 1988.\n\n4 Purpose\n\nThe 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 compensation for an injury under Part V of the Act and before that claim has been determined.\n\nNote: The Commission is empowered, under paragraph 36(1A)(d) of the Act to determine in writing that section 36 of the Act (Assessment of capability of undertaking rehabilitation program) applies to a person who falls within the class determined by this instrument, and, under paragraph 37(1A)(d) of the Act, to determine in writing that section 37 of the Act (Provision of rehabilitation programs) applies to a person who falls within the class determined by this instrument.\n\n5 Definitions\n\nIn this instrument:\n\nAct means the Safety, Rehabilitation and Compensation (Defence-related Claims) Act 1988.\n\nCommission means the Military Rehabilitation and Compensation Commission.\n\nrehabilitation services means a rehabilitation program as defined in section 4 of the Act, or an assessment of a person’s capability to undertake a rehabilitation program as described in section 36 of the Act.\n\nveteran payment means a veteran payment made under an instrument made under section 45SB of the Veterans’ Entitlements Act 1986.\n\nNote: The following terms used in this instrument are defined in the Act:\n\nrehabilitation program – see section 4.\n\n6 Determined class of persons – veteran payment recipients\n\nFor the purposes of paragraph 36(1A)(c) and paragraph 37(1A)(c) of the Act, the following class of persons is determined:\n\nA person who:\n\n(a) has made a claim under section 54 of the Act; and\n\n(b) is receiving a veteran payment.","sortOrder":0}],"analysis":{"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"},"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"The Determination does not expand or remove statutory entitlements. It implements the Act’s delegated power by designating a particular class (section 54 claimants who receive a veteran payment) for accelerated access to rehabilitation under existing subsections 36(1B) and 37(1B), while preserving the Commission’s selection discretion."},"complexity_factors":["Narrow, clearly defined eligibility: requires both a section 54 compensation claim and receipt of a veteran payment.","Cross-references to the Safety, Rehabilitation and Compensation (Defence-related Claims) Act 1988 (not self-contained).","Commission discretion: instrument makes persons eligible but selection remains subject to further Commission decision (administrative discretion).","Interaction with Veterans’ Entitlements Act 1986 (definition of 'veteran payment') requiring inter‑instrument verification.","Minimal procedural detail: operational implementation (assessment, timing, recordkeeping) left to the Commission and existing Act provisions."],"plain_english_summary":"**This Determination identifies claimants (those who have lodged a section 54 claim and who receive a veteran payment) as eligible for early access to rehabilitation services while their compensation claim is pending.** It directs the Military Rehabilitation and Compensation Commission to apply assessment and rehabilitation provisions of the Act to that class, subject to the Commission’s further selection, so certain claimants can receive rehabilitation earlier without changing substantive entitlement rules."},"kimi_summary":{"content_quality":"ok","complexity_score":2,"scope_assessment":{"changed":false,"description":"The instrument remains tightly focused on its original purpose: creating an accelerated rehabilitation pathway for veteran payment recipients. It has not expanded beyond this narrow, specific class of claimants."},"complexity_factors":["Very short instrument (only 6 sections)","Only 3 defined terms in section 5, plus 2 terms incorporated by reference from the parent Act","Single, straightforward eligibility criterion in section 6 (two conditions joined by 'and')","No nested exceptions, conditional logic, or cross-referencing beyond basic references to the parent Act","Purpose and operation clearly explained in plain language notes"],"plain_english_summary":"This Determination lets the Military Rehabilitation and Compensation Commission fast‑track rehabilitation for a specific group of defence members and veterans: those receiving veteran payments who have lodged compensation claims. Eligible people can be selected to get rehabilitation assessments and programs before their compensation is decided, so they can start treatment and support while claims are processed. It aims to prevent vulnerable veterans from going without care during long claim delays."}},"importantCases":[],"_links":{"self":"/api/acts/safety-rehabilitation-and-compensation-defence-related-claims-accelerated-access-to-rehabilitation-d","history":"/api/acts/safety-rehabilitation-and-compensation-defence-related-claims-accelerated-access-to-rehabilitation-d/history","analysis":"/api/acts/safety-rehabilitation-and-compensation-defence-related-claims-accelerated-access-to-rehabilitation-d/analysis","conflicts":"/api/acts/safety-rehabilitation-and-compensation-defence-related-claims-accelerated-access-to-rehabilitation-d/conflicts","importantCases":"/api/acts/safety-rehabilitation-and-compensation-defence-related-claims-accelerated-access-to-rehabilitation-d/important-cases","documents":"/api/acts/safety-rehabilitation-and-compensation-defence-related-claims-accelerated-access-to-rehabilitation-d/documents"}}