8.2.1 AAT First Review of Claimant Decisions

Introduction

An AAT first review is available for certain reviewable claimant decisions. A person affected by an AAT reviewable claimant decision (1.1.A.02) may apply for an AAT first review of the decision.

Note: An employer cannot apply to the AAT for a review of an AAT reviewable claimant decision. Nor can an employer apply to be a party of the review proceedings.

AAT reviewable claimant decision

An AAT reviewable claimant decision is a decision as affirmed, or varied, or substituted as a result of the internal review process, or a claimant decision made personally by a PPL agency representative.

An AAT reviewable claimant decision does not include decisions:

  • relating to the making of claims, the form and manner of claims, the form and manner of notices,
  • which deal with deductions relating to child support,
  • relating to gathering information from any person,
  • relating to the Secretary's power to settle proceedings before the AAT,
  • under the PPL Rules if the PPL Rules state that PPLAct Part 5-2 does not apply to them, or
  • under the PPL regulations if the PPL regulations state that PPLAct Part 5-2 does not apply to them.

Act reference: PPLAct section 215 Application of this Division, section 216 AAT first review of claimant decision - application for review

Variation of original decision after application is made for AAT first review

If an officer varies or substitutes a decision after an application has been made for an AAT first review of the decision, the application is taken to be an application for an AAT first review of the decision as varied or substituted. In this case, the person may continue with the review of the decision as varied or substituted or the person may notify the AAT either orally or in writing that the application is discontinued or withdrawn.

Act reference: PPLAct section 226 Variation of original decision after application is made for AAT first review

Administrative Appeals Tribunal Act 1975 section 42A Discontinuance, dismissal, reinstatement etc. of application

Timing of application for review

An individual has 28 days from the date the AAT reviewable claimant decision (the ARO's decision or PPL agency representative decision) is made to apply to the AAT for a first review of a reviewable claimant decision. The AAT may, upon application in writing by a person, extend the timeframe for applying for a review if it is satisfied that is it reasonable in all the circumstances of the case to do so.

Form of application for review

An application to the AAT for a first review of a decision may be made orally (including by telephone) or in writing directly to the AAT.

Act reference: Administrative Appeals Tribunal Act 1975 section 29 Manner of applying for review

Parties to a review

The parties to an AAT claimant decision review are:

  • the person who applied for review, and
  • the Secretary, and
  • if the decision was made by the Chief Executive Centrelink, an Australian Public Service (APS) employee in DHS or the Chief Executive Medicare, the relevant Chief Executive, and
  • any other person whose interests are affected by the decision who has applied in writing and been made a party to the review by the Tribunal.

Note: A person whose interests are affected by the decision in their capacity as an employer cannot apply to be a party to the review.

Act reference: PPLAct section 224A Person who made the decision

Administrative Appeals Tribunal Act 1975 section 30 Parties to proceeding before Tribunal

Last reviewed: 1 July 2015