11.2.9 Review & appeal processes under the Cape York initiative

Introduction

Full AAT review rights are applicable under the Cape York initiative. Care, however, needs to be taken in determining the correct appeal path for the individual. Different aspects of the Cape York income management initiative can be appealed in Federal and Queensland jurisdictions. The broad distinction is that:

  • a decision by the Family Responsibilities Commission, including a decision to give a notice to the delegate about income management for an individual, may be able to be appealed under Queensland law, and
  • a decision by the delegate about the implementation of income management, including a decision about the allocation or disbursement of income managed funds, may be reviewed under social security law.

If a decision about income management is reviewed under the social security law, income management continues to apply until the review is finalised, unless otherwise directed by the relevant tribunal or court.

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Last reviewed: 11 November 2019