Reviews and Appeals

Recent research and customer feedback tells us you would like improved access to a range of information about reviewing and appealing decisions made by Centrelink.

You can now find this information here in the one place.

If you are unhappy with a decision made about your Centrelink entitlements, there are several steps you can take:

• Contact Centrelink
• Social Security Appeals Tribunal
• Administrative Appeals Tribunal
• Court Appeals
• Reviews for ABSTUDY and Assistance for Isolated Children decisions
• Legal Assistance

You can also download this information in PDF or RTF format by viewing the Reviews and Appeals factsheet.

If you want to make a complaint about our service, view the Complaints page on our website.

Note: These services are free of charge, except for Court Appeals. Centrelink does not discriminate against customers who exercise their right of appeal.

Contact Centrelink

If you are unhappy with a Centrelink decision, you can discuss it with the person who made the original decision. You don't have to do this, but many people find it a useful first step. It gives you a chance to correct misunderstandings, present new information or evidence, and get an incorrect decision changed quickly.

If you think a decision is wrong, you have the right ask for a review by an Authorised Review Officer (ARO). You do not have to talk to the person who made the decision before you ask for an ARO review. AROs are senior and experienced people in Centrelink who will have had no involvement in your case.

You can ask for a review by:

• telephoning Centrelink or
• viewing the Review of a Centrelink Decision form, printing it, filling it in and posting it to Centrelink or
• visiting a Centrelink office.

You should ask for a review of a decision within 13 weeks of receiving advice of the decision. This is because if the review is decided in your favour, in some cases back payment can only be made if the request is lodged within this 13 week period. This does not apply to debt cases, and reviews of some Family Tax Benefit decisions can be sought within 52 weeks of receiving advice of the decision.

When you request an ARO review, the person who made the original decision may look at it first unless you have asked for that to not happen in your case. If the person who made the decision does not change it, or if you are still not happy with their new decision, your case will be reviewed by an ARO.

The ARO will:

• look at the information used by the person who made the original decision
• where possible, talk to you in person or by phone, to discuss the matter
• check whether any new, relevant information is available
• clear up any misunderstandings
• correct any mistakes that were made
• change the decision where appropriate
• inform you of the result explaining the reasons for the ARO's decision.

If you believe the ARO decision is incorrect, you can then appeal to the Social Security Appeals Tribunal.

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Social Security Appeals Tribunal

The Social Security Appeals Tribunal (SSAT) is an independent statutory body that reviews social security payment and student assistance decisions. It aims to provide a mechanism of review that is fair, just, economical, informal and quick.

The SSAT can only look at a decision that has been reviewed by an ARO.

You should ask for a review of a decision by the SSAT within 13 weeks of receiving advice of the ARO's decision. This is because if the review is decided in your favour, in some cases back payment can only be made if the request is lodged within this 13 week period. This does not apply to debt cases.

You can apply to the SSAT for a review of a decision by:

• phoning Freecall™ 1800 011 140*, or
• visiting or sending a written application to an SSAT office, Centrelink Customer Service Centre or Family Assistance Office. Appeal forms are available but are not compulsory.

For more information you can:

• phone Freecall™ 1800 011 140*
• visit the SSAT website, or
• write to the SSAT at GPO Box 9943 in your nearest capital city.

Appeals to the SSAT are free of charge. The SSAT can pay reasonable travel and accommodation costs and will provide an interpreter when needed.

SSAT members are drawn from varied backgrounds and include lawyers, social and community welfare workers, medical practitioners, and people who have a background in social security and family assistance matters.

A panel of 2 members usually hears appeals. In medical cases, there will usually be a member with medical expertise. Hearings are conducted in an informal manner. They are not like a court and it is not necessary to bring a lawyer. Hearings are in private, but you can bring someone with you who may also talk to the tribunal.

Decisions made by the SSAT are binding on both you and Centrelink. Either may apply to the Administrative Appeals Tribunal for a further review of the decision.

* Calls to 1800 numbers from your home phone are free. Calls from public and mobile phones may be timed and charged at a higher rate.

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Administrative Appeals Tribunal

The Administrative Appeals Tribunal (AAT) is a more formal body that resolves disputes between people and government agencies. It aims to provide a mechanism of review that is fair, just, economical, informal and quick.

Appeals must be lodged in writing within 28 days of receiving the SSAT decision, although a late appeal might still be accepted.

Forms on which an appeal may be lodged are available from the AAT Registry in each state capital city or from the AAT website. There is no charge for lodging an appeal. However, Centrelink will not be responsible for any costs you incur in pursuing an appeal.

For more information you can:

• phone 1300 366 700 *
• visit the AAT website, or
• write to the AAT at GPO Box 9955 in your nearest capital city.

After you have lodged an appeal to the AAT, Centrelink will lodge with the AAT a statement of reasons for the decision, including all relevant Centrelink documents. You will receive a copy of that statement.

The AAT will then hold a conference at which you can talk to a Centrelink representative. At this conference, the Tribunal will seek to clarify the issues and, if possible, resolve the matter to the satisfaction of both parties.

If the matter is not resolved, the Tribunal will give each party the opportunity to present evidence and argue their case in a public hearing.

Decisions made by the AAT are binding on both you and Centrelink. Either can appeal an AAT decision to the Courts, but only on a question of law.

* Calls from your home phone to 1300 numbers from anywhere in Australia are charged at a fixed rate. That rate may vary from the price of a local call and may also vary between telephone service providers. Calls from public and mobile phones may be timed and charged at a higher rate.

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Court Appeals

You appeal first to the Federal Court, and later to the High Court, which is the final level of appeal.

Court appeals are not free, but you may have the lodgement fee waived and keep costs down by representing yourself. If your appeal is unsuccessful, you may have to pay Centrelink's costs. If your appeal is successful, Centrelink may have to pay your costs.

An appeal should be lodged with the Federal Court Registry within 28 days of receiving the AAT's decision in writing.

Court requirements are complex. For more information you can:

• contact the Federal Court Registry
• visit the Federal Court website, or
• seek legal assistance.

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Reviews of ABSTUDY and Assistance for Isolated Children decisions

You can request a review of a decision about ABSTUDY or Assistance for Isolated Children by an Authorised Review Officer. There is no time limit for requesting a review of an assessment decision, but requests about debt decisions should be lodged within 3 months.

If you are not satisfied with an Authorised Review Officer's decision, you can then appeal an assessment decision to the Minister for Education, or a debt decision through the usual steps - the next one being the Social Security Appeals Tribunal.

Assessment appeals to the Minister must be made in writing and sent to:

Minister for Education
Parliament House
Canberra ACT 2600.

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Legal Assistance

You can, but do not have to be, legally represented at any stage of the review and appeals system. Many people have been successful at all stages without representation.

Free advice and assistance may be obtained from Welfare Rights Centres and Legal Aid Services.