Document ID: chunk:federal_register_of_legislation:F2024C00800:reg:18:p28
Version: federal_register_of_legislation:F2024C00800
Segment Type: reg
Provision Reference: reg 18 (pt 28/42)
Character Range: 225919–229026

Program (RAP) National Guidelines defined in paragraph 1.4.1 of these Principles.

11.3.6  Subject to 11.3.6A and 11.3.7, the Commission will not approve the supply of a rehabilitation appliance to an entitled person who is in an institution or who has entered a Commonwealth, State or Territory program if the Commission is satisfied that:

(a) for an institution, the appliance should be supplied by the owner or operator of the institution because:

              (i) any Commonwealth, State or Territory legislation under which the institution (or owner or operator) is registered, licensed or otherwise authorised enables the appliance to be supplied; or

              (ii) due to charges made by or subsidies received by the owner or operator of the institution under Commonwealth, State or Territory legislation, it is fair for the owner or operator of the institution to bear the cost of supplying the appliance; or

              Note: the DVA document known as "RAP Business Rules" provides a guide to decision making in respect of the supply of appliances and is contained in the RAP Schedule of Equipment at:

              https://www.dva.gov.au/providers/rehabilitation-appliances-program-rap/rap-schedule

              (iii) installing the appliance would involve an alteration to the structure of part of the institution; or

             (iv) it is otherwise appropriate for the appliance to be supplied by the owner or operator.

              Note (1): "institution" includes a retirement village, premises the Commission considers have similar functions to a retirement village, and a cluster of self‑care units.

              Note (2): the DVA document known as "RAP Business Rules" provides a guide to decision making in respect of the supply of appliances and is contained in the RAP Schedule of Equipment at:

              https://www.dva.gov.au/providers/rehabilitation-appliances-program-rap/rap-schedule

(b) for an institution, where the appliance is a hand rail, ramp, non‑slip surface or similar appliance, the appliance should be supplied by the entitled person or the owner or operator of the institution because the entitled person should have known, by reason of the person's state of health or frailty at the time the person arranged to enter the institution, that such an appliance would have been likely to have been needed by the person upon being admitted to the institution or a short time thereafter.

               Note (1): "institution" includes a retirement village, premises the Commission considers have similar functions to a retirement village, and a cluster of self‑care units.

              Note (2): The policy is that entitled persons entering institutions should ensure the institution caters to their needs before they take up residence.

              Note (3): A guide to a "short time" is a period within 6 months after entering the institution.

              Note (4): the DVA document known as "RAP Business Rules" provides a guide to decision making in respect of the supply of appliances and is contained in the RAP Schedule of Equipment