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.

6.3.1 ART reviews

ART review objectives

The objective of the ART review is to provide a review mechanism that is:

  • fair and just
  • informal
  • economical
  • accessible and responsive, and
  • transparent.

Individuals may apply to the ART for a review of a Centrelink decision if their interests are affected by an internal review decision. While the Secretary remains a party to the proceedings, in most cases the Secretary will not be an active participant in the proceedings and the matter will be reviewed using documents and records provided by Centrelink. There may be some cases where the ART will require participation by the Secretary, or the Secretary may elect to participate.

Application for a review of Centrelink decisions

Where the decision relates to the payment of FTB by instalments, or to the raising of a debt, there is no time limit for applying for an ART review. However, date of effect rules in the FA law may limit the amount of payments that an individual can receive when a decision is made in their favour. It is therefore important that applications for review are lodged with the ART at the individual's earliest convenience.

Where the decision relates to other types of FA, an application to the ART for review must be made within 90 days of the individual being notified of a decision.

Where an individual is prevented from making an application for an ART review within the allowable time due to special circumstances, the ART may permit the individual to make an application after the 90-day period and within such further period as it considers appropriate.

Applications can be made in written or oral form to an ART office or other agencies approved by Centrelink.

Review & appeal process of child support matters

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

Continuation of payment

If an unfavourable decision is made and the decision depends upon the exercise of discretion, the Secretary may declare that entitlement to FA may continue during the review process.

Notification of a review decision by the ART

When notifying the parties to the proceeding of the Tribunal’s review decision, the ART must give, in writing, its decision and a statement of reasons for its decision. The Tribunal must also advise if the parties have a right to apply for second ART review or notice of the right to appeal to the Federal Court. This must be provided to the parties within 28 days after the day the Tribunal makes a decision, unless otherwise specified in the ART practice directions.

Explanation: The parties to the review include:

  • the applicant
  • the decision-maker, and
  • any other person who is made a party to the proceeding.

Date of effect of the decision

The following table outlines the date of effect of different ART review decisions provided a review is sought in time.

If the ART …then the decision takes effect …
varies or sets aside a decisionfrom the date of the original decision.
makes a new decisionimmediately after the decision is made unless the ART specifies a different date.

Non-reviewable decisions

The following decisions are not reviewable:

  • the form and manner of claim
  • the continuation of payment pending review of an unfavourable decision
  • the Secretary requiring information, or
  • the Secretary's power to settle proceedings before the ART second review.

Further review

Following an ART review decision, a party affected by the decision may apply for an ART second review. An ART review decision can also be appealed to the Federal Court (on an error of law).

Act reference: FA(Admin)Act section 110 Simplified outline of this Division, section 111 Application for ART review, section 111A Time limit for application for ART review, section 111B Person who made the decision, 111C Decision-maker taken to have elected not to participate in ART review proceeding, section 113 Secretary may continue certain matters pending outcome of application for ART review, section 115 Variation of original decision after application is made for ART review, section 120 ART may require Secretary to obtain information for ART review, section 123 Decision on ART review of care percentage decision, section 124 Certain other decisions on ART review, section 125 Date of effect of certain ART review decisions relating to payment of FTB, section 141 Settlement of proceedings before the ART

ARTAct section 9 Objective, section 111 Notice of decision and statement of reasons—review of reviewable decision

Policy reference: FA Guide 6.3.2 ART second reviews

Last reviewed: