6.1 Centrelink review & appeal process

Summary

This chapter explains the Centrelink review and appeal process, and covers:

• steps in the Centrelink review and appeal process
• review of FA decisions
• decisions made using computer programs
• review and appeal process for decisions relating to child support matters
• action when the outcome of a review is favourable, and
• notice of decision to be given
• the guidance and appeals panel.

Steps in the Centrelink review & appeal process

The Centrelink review and appeal process consists of internal and external review mechanisms. Individuals (1.1.I.90) have the right to seek a review if they are not satisfied with a decision of Centrelink.

Where an individual does not understand a decision, they can request an explanation of the decision, which will be provided by a subject matter expert (SME). Where an individual does not agree with a decision, they can apply for a formal review of the decision which will be undertaken by an ARO.

The levels of review and appeal include:

• internal review process (Centrelink)
  • an explanation by an SME, and/or
  • a formal review by an ARO (1.1.A.140)
• external review process
  • review by the ART
  • second review by the ART
  • Federal Court appeal, and
  • High Court appeal.

Review of FA decisions

All decisions made by Centrelink officers concerning FTB, FTB advances, SIFS, CCS and ACCS are reviewable through the Centrelink review and appeal process, unless specifically excluded under FA legislation. Reviews may be conducted at the individual's request (customer initiated review), or at the initiative of a Centrelink officer if it is considered that there are sufficient grounds for review (Secretary initiated review).

Note: Any reviews relating to decisions on FTB claims lodged with the ATO can only relate to income years up to and including the 2007-08 income year. This is because the option of receiving FTB as a lump sum payment through the ATO ceased on 1 July 2009.

Decisions made using computer programs

The Secretary may arrange for the use of computer programs in making decisions under FA law. Decisions made by computer programs are taken to be decisions made by the Secretary. This means, for example, where entitlement determinations are made using computer programs such as rate calculators, they can be reviewed as though those decisions were made by the Secretary or a delegate of the Secretary.

Review & appeal process for decisions relating to child support matters

See CS Guide Part 4 for a description of child support objections and appeals processes.

Action when the outcome of a review is favourable

If an individual has a favourable outcome as the result of a review during a financial year, Centrelink issues a revised assessment notice for the remainder of the financial year. Centrelink cannot, however, determine their entitlement for the retrospective period until after the reconciliation process at the end of the financial year. At that time, Centrelink issues a credit or debit notice, depending on the relevant circumstances, for the whole year.

If an individual has a favourable outcome as the result of a review after the end of the financial year, Centrelink should re-determine their entitlement and pay the amount direct to the family.

Notice of decision to be given

Centrelink must provide notice of all internal review decisions to all parties affected by the decision. The notice of the decision must:

• be in writing
• state the effect of the decision, and
• provide information about further rights of review.

The guidance & appeals panel

The guidance and appeals panel is a way of constituting the ART at a more senior level. The guidance and appeals panel is able to conduct reviews of some administrative decisions made by agencies and re-review decision made by the ART.

The guidance and appeals panel will broadly be constituted to consider matters where there is either an issue of significance to administrative decision-making, or the ART decision contains an error of fact or law that materially affects the decision.

Applications for review of family assistance decisions cannot be made directly to the guidance and appeals panel, as the ART already accommodates for two reviews of such decisions (ART review and ART second review). However, the President of the ART may refer an application for an ART review or second review of an eligible social services decision to the guidance and appeals panel on their own initiative.