Review, appeal and Freedom of Information

Contributed by Danny Shaw and Dianne Anagnos and current to 1 September 2005

REVIEW AND APPEALS

Review by an authorised review officer

Anyone affected by an adverse decision made by Centrelink under the social security legislation has the right to have the decision reviewed by an authorised officer who was not involved in making the original decision (Social Security (Administration) Act ss.126,135).

A review by an authorised review officer can be requested personally or in writing.

DISCUSSION WITH THE ORIGINAL DECISION-MAKER

Centrelink staff often encourage clients to speak to the original decision-maker before requesting a review by an authorised review officer. This is not mandatory under the legislation, but can be useful if there has been a misunderstanding.

The Social Security Appeals Tribunal

A person can appeal to the Social Security Appeals Tribunal against any decision by an authorised review officer ( s.142). The Social Security Appeals Tribunal is an independent tribunal, usually made up of two or three people. In medical appeals, it usually includes a medical member.

The Administrative Appeals Tribunal

A right of appeal to the Administrative Appeals Tribunal is available to any party (including Centrelink) who is dissatisfied with a Social Security Appeals Tribunal decision.

HOW TO APPEAL

A person who wishes to appeal a decision made by the Social Security Appeals Tribunal should lodge an application at the Administrative Appeals Tribunal registry (in each capital city) within 28 days of receiving the Social Security Appeals Tribunal decision in writing. This is a strict time frame, although in special circumstances an extension of time may be granted.

COSTS

The Administrative Appeals Tribunal is a ‘no costs’ jurisdiction. This means that applicants should incur no costs even if unsuccessful. Many people who appear before the Administrative Appeals Tribunal are likely to require the advice and/or support of the Legal Aid Commission or a community legal centre (see Legal Assistance).

CONTINUATION OF PAYMENT

Authorised review officer and Social Security Appeals Tribunal appeals

Where an adverse decision is based on the exercise of discretion and the person appeals to an authorised review officer or the Social Security Appeals Tribunal, payment can continue pending the outcome of the review or appeal (Social Security (Administration) Act ss.131,145).

Administrative Appeals Tribunal appeals

At the Administrative Appeals Tribunal stage, either party may apply to it for a stay of the decision of the Social Security Appeals Tribunal (s.141 Administrative Appeals Tribunal Act). This may be necessary where the person has no other source of income and the Social Security Appeals Tribunal decision is not in their favour. Centrelink must implement the Social Security Appeals Tribunal decision when it is in the client’s favour, unless it obtains a stay order from the Administrative Appeals Tribunal.

TIME LIMITS AND BACKDATING

Time limits

REVIEW BY AUTHORISED REVIEW OFFICER

If a person seeking a review of an original decision lodges an appeal within three months of being notified of the decision, and is successful, the review officer’s new decision takes effect from the date of effect of the original (adverse) determination by Centrelink.

APPEAL TO THE SOCIAL SECURITY APPEALS TRIBUNAL

If a person appealing against an authorized review officer’s decision lodges an appeal within three months of being notified of it, and is successful, the Social Security Appeals Tribunal’s new decision takes effect from the date of effect of the original (adverse) determination by Centrelink.

This means that if a person has sought a review by an authorised review officer within three months and the Centrelink decision is affirmed, the person has another three months to appeal to the Social Security Appeals Tribunal for full arrears to be payable.

Late appeals

Appeals or requests for review lodged outside the three month period cannot be backdated, and are only effective from the date the appeal was lodged.

Where there was no written advice

These limits only apply to written decisions. If no written advice was given, a successful appeal decision should be backdated to the date of the original decision.

Other appeals

Appeals to an authorised review officer or the Social Security Appeals Tribunal about the raising and recovery of debts, are not bound by time limits.

Freedom of Information

A person can apply for access to their Centrelink file, or for a copy of their file to be sent to them, by making a written application under the Freedom of Information Act 1982 (Cth).

Time limits

Centrelink must respond to a freedom of information request within 28 days.

Costs

Freedom of information requests to Centrelink by or on behalf of a person for their own file are free.

Information that will not be released

Under the Act, the personal details of another person, or information judged to be prejudicial to the psychological wellbeing of the applicant or prejudicial to the public interest will not be released.

Appeals

Decisions to refuse access to documents can be appealed to the Administrative Appeals Tribunal.