The Guides to Social Policy Law is a collection of publications designed to assist decision makers administering social policy law. The information contained in this publication is intended only as a guide to relevant legislation/policy. The information is accurate as at the date listed at the bottom of the page, but may be subject to change. To discuss individual circumstances please contact Services Australia.

2.8.1.50 ACCS (child wellbeing) - deemed refusal

Summary

This topic describes the circumstances in which an ACCS (child wellbeing) determination application is considered a 'deemed refusal'.

Deemed refusal

A deemed refusal is triggered when the Secretary does not make a decision within 28 days from the day the application was made for an ACCS (child wellbeing) determination (1.1.D.78). The deemed refusal is a refusal of the application, that will trigger Services Australia to review the application. The approved provider (1.1.A.90) will be notified of the outcome of the review.

On review Services Australia may approve the application (that is, overturn the deemed refusal) or not approve the application (that is, the application is still refused). If the applicant disagrees with Services Australia's review decision they can exercise further appeal rights.

Act reference: FAAct section 85CE Determination for ACCS (child wellbeing)

Policy reference: FA Guide 2.8.1.40 ACCS (child wellbeing) - determinations, 6.2 Internal reviews, 6.3 External reviews

Last reviewed: