8.3 AAT Second Review of Claimant Decisions

Introduction

If a claimant decision has been affirmed, varied or set aside by the AAT on first review, a person affected by the decision may apply for AAT second review of the decision as affirmed, varied or substituted.

An application for AAT second review may be made to the AAT only in respect of a claimant decision that has been affirmed, varied or set aside by the AAT on first review.

Note: An employer cannot make an application for an AAT second review under the PPLAct.

Decision to be reviewed

The 'decision' made by the AAT on first review as referred to above, is taken to be the decision as varied or affirmed, or the new decision if the original one was set aside, or the directions or recommendations of the AAT where it has set aside the reviewable decision and sent the matter back to Centrelink for consideration.

Operation & implementation of the AAT decision on AAT second review

The AAT on second review may stay the decision that was the subject of an AAT first review and/or the decision that was made on AAT first review.

Where a party applies to the AAT for a stay order on AAT second review, all parties to the AAT first review will be able to make submissions in relation to the matter.

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

Where a decision is varied, or set aside and substituted, after an application has been made for an AAT second review but before the application is determined, the application is to be taken to be an application for an AAT second review of the decision as varied or substituted. In this case, the applicant may choose to continue with the review or may notify the AAT that the application is discontinued or withdrawn.

Parties to an AAT second review

Each party to an AAT first review will be notified of an application for AAT second review and will become a party to the AAT second review.

Act reference: PPLAct Part 5-3 AAT second review of claimant decisions, Part 5-3 Division 2 Applications for AAT second review

Tribunal's decision on AAT second review

The AAT, in relation to the decision before it, must affirm, vary, set aside and either substitute a new decision or send the matter back for reconsideration in accordance with any directions or recommendations of the Tribunal.

Act reference: Administrative Appeals Tribunal Act 1975 section 43 Tribunal's decision on review

Last reviewed: 1 July 2015