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MILITARY REHABILITATION AND COMPENSATION ACT 2004 No. 51, 2004 - SECT 52
Consequences of failure to undertake a rehabilitation program
- (1)
- If the rehabilitation authority for a person requires the person to
undertake a rehabilitation program under section 51, and the person
refuses or fails to undertake the rehabilitation program, the rehabilitation
authority may determine that the person's right to compensation (but not the
person's right to treatment or compensation for treatment under
Chapter 6) under this Act is suspended until the person undertakes the
rehabilitation program.
- (2)
- A determination under subsection (1) must not be made in relation to
a refusal or failure to undertake the rehabilitation program if, before the
date fixed for starting the rehabilitation program, the person gives to the
rehabilitation authority evidence of a reasonable excuse for the refusal or
failure.
- (3)
- The rehabilitation authority must determine that the suspension under
subsection (1) is terminated from a date determined by the rehabilitation
authority if, within 14 days after the date fixed for starting the
rehabilitation program, the person gives to the rehabilitation authority
evidence of a reasonable excuse for the refusal or failure.
- (4)
- If a determination under subsection (1) is made by a delegate of the
rehabilitation authority, the rehabilitation authority must ensure that any
determination terminating the suspension under subsection (3) also made
by a delegate of the rehabilitation authority is made by a delegate other than
a delegate who was involved in making the determination under
subsection (1).
- (5)
- If a person's right to compensation is suspended under
subsection (1), compensation is not payable during or in respect of the
period of the suspension.
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