188.8.131.52 Internal Review of Employer Determination Decision
An employer may seek a review of a decision that they are to pay an employee instalments of PLP (an employer determination decision (1.1.E.70)). A claimant cannot apply for a review of an employer determination decision or an employer funding amount decision.
There are no provisions for an employer to seek a review of a debt raising or debt recovery decision.
An employer may apply, in writing, to Centrelink for review of an employer determination decision that relates to the employer if the employer believes that:
- the employee will not receive PLP for at least 40 consecutive PPL days that are week days, or
- the employee has not, or will not, have been an employee for at least 12 months before the baby's expected DOB (for pre-birth claims) or the later of the expected DOB or actual DOB (for post birth claims), or
- the employee is not an employee for which a mandatory employer determination is made AND the employer has NOT elected to provided PLP to that employee, or class of employee, or
- the employee is not likely to be an Australian-based employee of the employer for the required period, or
- the employer does not have an ABN.
Exception: An employer cannot apply for internal review of an employer determination decision that was made personally by a PPL agency representative (1.1.P.160). In this case they may apply for AAT first review.
Timing of application for internal review of employer determination decision
An application for internal review of an employer determination may only be made within 14 days after the date of the notice given by Centrelink advising the employer of the making of the employer determination. This is consistent with the timeframe for employers to respond to the Centrelink notice by either giving an acceptance notice or seeking review of the decision to make the employer determination.
Act reference: PPLAct section 207 Internal review-application for review of employer determination decision, section 109 Election by employer to pay instalments
Policy reference: PPL Guide 6.1.1 Making Employer Determinations for PLP
Content of application for internal review of employer determination decision
In applying for review of the decision, the employer MUST specify which condition or conditions the employer believes are not satisfied and whether the employer believes that an election to provide PLP to an employee, or to a class of employees that includes that employee, applies to the person. The application must be signed by a person authorised by the employer and be accompanied by documentary evidence supporting the application, or a statutory declaration supporting the application if the employer is unable to provide documentary evidence (for instance, where the employer does not have any records about the claimant as the claimant was never employed by the employer).
The disclosure of personal information for the purposes of making an application for review of an employer determination decision, is taken to be authorised by law for the purposes of the Privacy Act 1988 and any provision of a law of a state or territory that provides that personal information may be used or disclosed if the use or disclosure is authorised by law. This is intended to cover situations where the employer may have to disclose personal information about one of its employees (such as that a particular person no longer works for the employer) in order to be able to apply for a review of the employer determination.
Act reference: PPLAct section 103 Employer must respond to notice of employer determination, section 109 Election by employer to pay instalments, section 207 Internal review-application for review of employer determination decision