Purpose of this Chapter:
Certain veterans who are in receipt of:may participate in a vocational rehabilitation program under this Scheme. This Chapter provides the rules for participation in the Scheme and the criteria by which applications and proposed vocational rehabilitation programs are to be assessed.
2.1 Participation in the Scheme by veterans in receipt of certain pensions
Application for approval to participate in the Scheme
2.1.1
A veteran who is in receipt of a pension at the rate provided for in section 23 or 24 of the Act or invalidity service pension under Division 4 of Part III of the Act may apply to participate in the Scheme, as provided in this Chapter, by making an application:(a) in writing; and
(b) in accordance with a form approved by the Commission for that purpose; and
(c) accompanied by authorisation from the veteran for the Secretary to obtain information, relevant to the application, concerning the veteran from health care providers, including the Vietnam Veterans' Counselling Service.
2.2 Vocational rehabilitation program
2.2.1
Participation in the Scheme involves undertaking an approved vocational rehabilitation program that is intended to assist the veteran to return to, or continue in, work, including work of a type that the veteran might not have previously undertaken.
Approval of a vocational rehabilitation program
2.2.2
The Commission may approve a vocational rehabilitation program for a veteran having regard to:(a) the veteran's vocational, trade and professional skills, qualifications and experience; and
(b) the kinds of remunerative work which a person with the skills, qualifications and experience referred to in subparagraph (a) might reasonably undertake; and
(c) the veteran's capacity to be retrained to undertake different kinds of remunerative work; and
(d) the type of remunerative work to which the program is likely to lead; and
(e) the degree to which the veteran's physical or mental impairment has affected the veteran's capacity to undertake the program; and
(f) if the veteran is not currently engaged in substantial remunerative work - the suitability of the proposed program in assisting the veteran to return to work (which may be a different type of work to that which the veteran previously undertook); and
(g) the cost of the proposed program; and
(h) the relative merits of any alternative appropriate programs; and
(j) any other relevant matter.
Criteria for participation in the Scheme
2.2.3
The Commission may approve a veteran's participation in the Scheme only if the Commission is satisfied that the veteran is likely:(a) to complete an approved program satisfactorily; and
(b) to obtain a suitable paid employment outcome following completion of the approved program.
Note:
"suitable paid employment outcome" is defined in paragraph 1.3.1.
2.2.4
Without limiting the matters that may be taken into account in considering whether a veteran is likely to recommence remunerative work, the Commission may have regard to the state of the labour market:(a) in the geographical area in which the veteran will probably seek to obtain work;
(b) at the time when the veteran will probably seek to obtain work.
2.3 Commencement and cessation of a vocational rehabilitation program
Commencement of a vocational rehabilitation program
2.3.1
For the purposes of this Scheme and section 115C of the Act, a veteran is taken to have commenced undertaking a vocational rehabilitation program on the date specified as the commencement date by the Commission in the determination approving the veteran's participation in an approved program, which must not be a date earlier than the date of the determination.
Failure to comply with an approved plan or approved program
2.3.2
If the Commission is satisfied that a veteran:(a) has, without reasonable cause, failed to comply with, or participate in, an important element of an approved plan or vocational rehabilitation program; or
(b) is not capable of completing an approved program;
the Commission may determine that the veteran is no longer participating in, or undertaking, a vocational rehabilitation program under this Chapter.
Cessation of a vocational rehabilitation program
2.3.3
For the purposes of this Scheme and subsection 115C of the Act, the Commission may specify a date on which the veteran is taken to have ceased to be undertaking a vocational rehabilitation program, which may be a date earlier than the date of the determination.
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