188.8.131.52 Reviews & appeals through the delegate under the SPAR measure
Reviews & appeals through the delegate
Review of decisions is provided for in SS(Admin)Act Part 4, where a review of a decision of an officer under the social security law can occur. A decision by the delegate of the Secretary under SS(Admin)Act Part 3B will be a decision by an officer and therefore reviewable under the social security law.
Decisions that a person may seek review of include, but are not necessarily limited to:
- A decision to apply income management under SS(Admin)Act section 123UFAA, i.e. that the conditions in SS(Admin)Act section 123UFAA are satisfied in relation to a person, including whether or not a notice was given to the Secretary by a recognised state or territory officer or employee.
- A decision to take an action under the SS(Admin)Act, Part 3B Division 6 directed to meeting the priority needs of a person.
- A decision with respect to income management debt recovery (SS(Admin)Act sections 123ZIA or 123ZJ).
- All decisions affecting social security payments not directly related to income management. For example, decisions about eligibility/rate/participation failures/suspension/cancellation/debt recovery. Decisions affecting family assistance payments are reviewable in accordance with the family assistance law. Income managed people in all jurisdictions retain ordinary review/appeal rights in this regard.
- A decision about how residual income managed funds are disbursed under SS(Admin)Act section 123WJ, once a person ceases income management, i.e. either as a lump sum or instalments or in another way.
The decision by the recognised state or territory officer or employee to issue the notice is not reviewable under the social security law, although the question of whether or not the notice was actually given is reviewable. The decision by the a recognised state or territory officer or employee to give the notice to the Commonwealth may be able to be appealed or reviewed in the relevant state or territory jurisdiction.
Act reference: SS(Admin)Act Part 3B Income management regime, Part 3B Division 6 Debits from income management accounts, Part 4 Internal review of decisions, section 123UFAA Persons subject to the income management regime-other State/Territory referrals, section 123ZJ Value of action taken under Division 6 exceeds credit balance of income management account, section 123ZIA Balance of income management account falls …, section 123WJ Payment of credit balances of income management accounts-person ceases to be subject to the income management regime