The Repatriation Commission makes this Veterans’ Vocational Rehabilitation Scheme under subsection 115B(1) of the Veterans’ Entitlements Act 1986.
Transitional
1.1.4 If, immediately before the commencement of this Scheme, a person is a participant in an approved program under the Veterans’ Vocational Rehabilitation Scheme (Instrument 1997 No. 5 – the former Scheme), then on the commencement of this Scheme the program is taken to be provided under this Scheme as an approved program and the person taken to be a participant in that program.
Note: approved program is defined in the former Scheme and this Scheme.
1.1.5 A form approved by the Commission under the Veterans’ Vocational Rehabilitation Scheme (Instrument 1997 No. 5 – the former Scheme) for the purposes of paragraph 2.1.1(b) and section 4.1.2 respectively of the former Scheme is incorporated‑by‑reference into this Scheme as an approved form for the purposes of, respectively, paragraph 2.1.1(b) and section 4.1.2 as the form existed on the date this Scheme commenced.
1.1.6 If, before the commencement of this Scheme, a person lodges an application for approval to participate in the Veterans’ Vocational Rehabilitation Scheme (Instrument 1997 No. 5 – the former Scheme), and on the commencement of this Scheme the application had not been determined, then on the commencement of this Scheme the application is to be determined under this Scheme as if it had been made under this Scheme.
1.1.7 If, before the commencement of this Scheme, a person lodges an application for a grant under the Veterans’ Vocational Rehabilitation Scheme (Instrument 1997 No. 5 – the former Scheme), and on the commencement of this Scheme the application had not been determined, then on the commencement of this Scheme the application is to be determined under this Scheme as if it had been made under this Scheme.
1.1.8 A process commenced under the Veterans’ Vocational Rehabilitation Scheme (Instrument 1997 No. 5 – the former Scheme) that had not been finalised on the commencement of this Scheme is to be finalised under this Scheme as if it had been instigated under this Scheme.
1.2—Objectives and Principles of the Scheme
1.2.1 Objectives
The objectives of the Scheme are to assist veterans to find, or continue in, suitable paid employment, with particular emphasis on:
(a) facilitating the transition from service in the Australian Defence Force to suitable paid employment;
(b) assisting those veterans whose jobs are in jeopardy to retain suitable paid employment; and
(c) in conjunction with Part VIA of the Act, providing an income safety net for certain veterans in receipt of pensions under sections 23 or 24 of the Act, or invalidity service pension, who wish to engage in suitable paid employment.
1.2.2 Principles
The principles of the Scheme are that:
(a) participation in the Scheme is voluntary;
(b) a rehabilitation plan is to be approved only if the veteran has undergone an assessment of rehabilitation capability by a suitably qualified person;
(c) rehabilitation services are to be provided only in accordance with an approved plan that has been developed and agreed with the veteran;
(d) rehabilitation services are to be provided only if the Commission is satisfied that these services will result in a suitable paid employment outcome;
(e) rehabilitation services are to be approved according to principles of cost‑effectiveness and will generally be the minimum necessary to achieve a suitable paid employment outcome;
(f) there are no penalties for withdrawal from or failure to complete an approved program, although rehabilitation services may be discontinued in such circumstances;
(g) rehabilitation services are not to be provided concurrently with another vocational rehabilitation program.
Note: suitable paid employment outcome is defined in paragraph 1.3.1.
1.3—Interpretation
1.3.1 Definitions
For the purposes of this Scheme, unless a contrary intention appears:
Act means the Veterans’ Entitlements Act 1986 as amended from time to time;
approved plan means the particular rehabilitation plan relating to a veteran that has been approved by the Commission under this Scheme;
approved program has the meaning given by paragraphs 1.3.2 and 1.3.3;
Commission means the Repatriation Commission, continued in existence by section 179 of the Act;
Department means the Commonwealth Department of Veterans’ Affairs;
income safety net means the pension income protection provided by sections 115C, 115D and 115F of the Act whereby:
(a) while a veteran is undertaking an approved program, the rate of pension payable to the veteran is not to be less than the rate the veteran would receive if the veteran were not undertaking an approved program; and
Note: section 115C of the Act provides this protection.
(b) after a veteran has completed an approved program under Chapter 2, if the veteran is, for any reason, unemployed for a continuous period of at least two weeks, the pension reduction amount for each pension payday is reduced to nil so that pension is to be restored to the veteran’s pension rate at the commencement of an approved program; and
Note: subsection 115D(4) of the Act provides this protection.
(c) if the sum of the veteran’s salary, wages or earnings per fortnight from remunerative work and the fortnightly rate of pension would be less than the rate of pension that the veteran would have received if the veteran had not undertaken the approved program, the pension reduction amount can, upon application to the Commission under Section 115E of the Act, be reduced;
Note: section 115F of the Act provides this protection.
medical management service means a service that is an adjunct to medical treatment and is designed to monitor a person’s medical treatment with the aim of restoring or maximising the person’s physical or psychological function;
Note: Examples of medical management services include, but are not limited to, coordination of medical providers to establish a treatment program, and intensive case management to facilitate regular attendance at medical appointments.
psychosocial service means a rehabilitative, skill-building or recovery-oriented service that aims to restore a person to his or her optimal level of independent functioning within the community;
Note: Examples of psychosocial services include, but are not limited to, community inclusion activities, pain management, adjustment to disability counselling, family education, and drug and alcohol management.
Scheme means this Veterans’ Vocational Rehabilitation Scheme;
Secretary means the Secretary to the Department;
semester has the meaning given by section 34 of the Higher Education Funding Act 1988;
service provider means a person or organisation with which the Commission or the Department has entered into an arrangement to provide services for the purposes of this Scheme;
suitable paid employment outcome means, as a minimum:
(a) if the veteran is not undertaking any remunerative work—recommencing substantial remunerative work;
(b) if the veteran is undertaking part‑time remunerative work—increasing substantially the number of hours of remunerative work undertaken;
(c) if the veteran is undertaking part‑time remunerative work and the veteran is at risk of losing that work—maintaining the veteran in part‑time remunerative work;
(d) if the veteran is undertaking full‑time remunerative work and the veteran is at risk of having to reduce that work substantially—maintaining the veteran in full‑time remunerative work;
(e) if the veteran is undertaking full‑time remunerative work and the veteran is at risk of losing that work—maintaining the veteran in substantial remunerative work;
(f) if a veteran is otherwise at risk of having to cease remunerative work in the short term—maintaining the veteran in long‑term remunerative work;
being work that the veteran is likely to be able to sustain in the long term and which is not likely to worsen the veteran’s health.
Tribunal means the Administrative Appeals Tribunal, established by section 5 of the Administrative Appeals Tribunal Act 1975;
veteran has the meaning given by section 115A of the Act.
Note: section 115A of the Act provides that for the purposes of Part VIA, veteran means:
(a) a person:
(i) who is, because of section 7, taken to have rendered eligible war service; or
(ii) in respect of whom a pension is payable under subsection 13(6); or
(iii) who satisfies subsection 37(3); or
(b) a member of the Forces; or
(c) a member of a Peacekeeping Force.
1.3.2 Approved program
For the purposes of this Scheme, approved program means the particular vocational rehabilitation program under Chapter 2 or the particular rehabilitation program under Chapter 3, relating to a veteran, that has been approved by the Commission under this Scheme.
Note: see paragraphs 2.2.2 and 3.2.1 in relation to the approval of a program.
1.3.3 Content of an approved program
An approved program may include, but is not limited to, one or more of the following elements:
(a) general advice and assistance on job seeking;
(b) referral for vocational assessment;
(c) vocational guidance and counselling;
(d) case management;
(e) assistance with updating skills and retraining;
(f) assistance with entry to other vocational rehabilitation programs;
(g) advice or assistance if the veteran’s job is in jeopardy;
(h) assistance with job placement including selection interview skills training and involvement in job clubs;
(j) provision of an advocacy service for the veteran with the veteran’s employer;
(k) transport and accommodation assistance under Chapter 4;
(m) grants for aids, appliances and workplace modifications under Chapter 4;
(n) education programs and related assistance under Chapter 4;
(o) the provision of medical management services;
(p) the provision of psychosocial services;
but only if an element is not reasonably available to the veteran without significant cost from another source.
1.3.4 When an application is taken to be made
For the purposes of this Scheme, if an application under this Scheme (other than an application to the Administrative Appeals Tribunal) is required to be made in writing, the application will only be taken to have been made when it is received at an office of the Department in Australia.
1.3.5 Chapter 2 vocational rehabilitation program
A vocational rehabilitation program under Chapter 2 of the Scheme is:
(a) a “vocational rehabilitation program” for the purposes of Division 2 of Part VIA of the Act; and
(b) a “rehabilitation program” for the purposes of subsection 24A(2) and section 37AAA of the Act.
Note: Division 2 of Part VIA of the Act applies to veterans who have participated in a vocational rehabilitation program under Chapter 2.
1.3.6 Chapter 3 rehabilitation program
A rehabilitation program under Chapter 3 of the Scheme is neither:
(a) a “vocational rehabilitation program” for the purposes of Division 2 of Part VIA of the Act; nor
(b) a “rehabilitation program” for the purposes of subsection 24A(2) and section 37AAA of the Act.
Note: Division 2 of Part VIA of the Act applies to veterans who have participated in a vocational rehabilitation program under Chapter 2.
1.4—Information to be obtained by Secretary
1.4.1 Assessment of a veteran for participation in the Scheme
For the purposes of obtaining information about any matter relevant to a determination under this Scheme, the Secretary may require a veteran to be examined or assessed, or both, by a relevant service provider.
1.4.2 Report from a service provider
Upon completing the examination or assessment, the service provider must provide a report to the Secretary concerning the examination or assessment.
1.4.3 Report and other material to be provided to the Commission
The Secretary must cause the report from a service provider and any other material that is relevant to the determination of a matter to be provided to the Commission for its determination of that matter.
1.5—Rehabilitation plan
1.5.1 A rehabilitation plan must first be prepared and approved
Before a veteran can be approved to participate in the Scheme or undertake a rehabilitation program, a rehabilitation plan must:
(a) be prepared in consultation with the veteran, either by a service provider or the Secretary; and
(b) be approved by the Commission.
1.5.2 Veteran to be involved in preparing the rehabilitation plan
If a service provider or the Secretary prepares a rehabilitation plan, that person must:
(a) involve the veteran in its preparation; and
(b) reach an agreement with the veteran as to its details.
1.5.3 Amending an approved plan
An approved plan may be amended from time to time with:
(a) the agreement of the veteran; and
(b) the approval of the Commission.
1.5.4 Services to be in accordance with an approved plan
Before any service can be provided to a veteran under this Scheme, that service must be in accordance with an approved plan.
Part 1.1 - Veterans’ Vocational Rehabilitation Scheme (10 August 2015) - The Scheme | Zoe