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.

4.11 Review of a determination


If a person does not agree with the outcome of their application for redress, they can request one review.

A person must request a review in writing, using the Scheme's approved form.

Where a person's application for redress is approved, they must request the review within the acceptance period (6 months of the date of offer/date of the notice of determination). If the Operator extends the acceptance period due to exceptional circumstances, the review period will also be extended.

Where a person's application for redress is not approved, the person must request a review within 6 months from the date of the notice of determination. The Operator may extend the review period if they consider there are exceptional circumstances to justify the extension. An extension may be given on the Operator's initiative or on written request from the person or nominee. An extension may be given before, at or after the end of the review period.

An applicant can submit any additional information and documents with their ‘Application for a Review of Determination’ form, or upload and send the form and any new documents through the myGov portal, or choose to verbally provide the new information to the Scheme over the phone. A different Independent Decision Maker from the one who made the original decision (the reviewer) will complete the review. When reviewing the original determination, the reviewer may have regard to the following:

  • the same information that was available to the original Independent Decision Maker
  • any additional information and documents provided within the review period
  • other information requested by the new Independent Decision Maker from the applicant or from a relevant institution/s.

A redress offer cannot be reduced where the reviewer has the same information and documents that were available to the original Independent Decision Maker. A review determination can therefore be adjusted to account for additional information and documents that were not available at the time of the original decision.

The new Independent Decision Maker may also decide a person who was previously ineligible, as eligible for redress under the Scheme. The Scheme will write to the person to let them know the outcome of the review if:

  • the determination is the same, a person will have an extra 2 months to consider whether to accept or decline the original redress offer, or
  • a determination is changed, the previous offer will be withdrawn, and the new redress offer may provide a higher or lower redress payment, and
  • a new or changed determination is made, a person will have 6 months to consider their new redress offer.

Alternatively, the review may find a person previously eligible, as ineligible for redress.

The Scheme will contact the person (and/or their nominee) to advise that a review outcome has been made for redress and seek the person’s verbal agreement to proceed to finalise the review outcome in writing.

The person (and/or their nominee) can make a verbal request to withdraw their application for review at any time before the Scheme provides the review outcome to them in writing.

Institutions cannot request a review of redress decisions, however, will be notified if a person makes an application for a review, withdraws an application for review or a review determination is made.

Act reference: NRSAct Part 4-1 Division 2—Review of determinations

Policy reference: Redress Guide 4.7.1 Extension of acceptance period

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