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.

7.1.1 Own-initiative reviews

Introduction

If satisfied there is sufficient reason to do so Centrelink may, on its own initiative, review a decision made by an officer under the PPLAct.

Centrelink must not, on its own initiative, review a decision to make an employer determination (1.1.E.70). A decision to make an employer determination can only be reviewed if requested by the employer. Centrelink can also revoke an employer determination if the conditions under which an employer determination can be revoked are met (5.1.8).

Centrelink may initiate a review of a decision:

  • whether or not a person has applied for a review, and
  • even if an application for review has been made to the ART.

Having reviewed the decision, Centrelink may affirm or vary the decision or set aside the decision and substitute a new decision.

Act reference: PPLAct section 108 Revocation of an employer determination, section 203 Internal review—own-initiative review by Secretary

Policy reference: PPL Guide 5.1.8 Revocation of an employer determination for PLP

Own-initiative review where an ART review has been requested

Own-initiative reviews resulting in a decision being varied or substituted after an application for ART review can impact the ART review.

Under the PPLAct, Centrelink can vary or substitute a decision after an application has been made for ART review of the decision, in which case the decision as varied or substituted is the one reviewed in place of the original decision.

However, this generally only applies to the initial ART review, after an application is made for second review the relevant decision cannot be altered outside of the Tribunal process unless:

  • the parties to the proceeding for the review consent to the alteration and the ART, by order, consents to the alteration, or
  • the ART remits the decision to the decision-maker for reconsideration.

Likewise, if the President of the ART refers an application for ART review to the guidance and appeals panel the decision cannot be altered outside of the above, unless an application was made to the President of the ART to refer an ART decision to the guidance and appeals panel but the ART has not yet been constituted for the purposes of the proceeding in relation to the application. In such a case the decision can be varied or substituted and the decision as varied or substituted is the one reviewed in place of the ART's earlier decision.

If, on an own-initiative review, Centrelink affirms or varies the decision, or sets aside and substitutes a new decision, and at that time the claimant or employer had applied to the ART for a review of that decision, Centrelink must give a written notice of the decision to the ART Principal Registrar.

Act reference: PPLAct section 204 Internal review—own-initiative review and tribunal review, section 226 Variation of original decision after application is made for ART first review

ARTAct section 31 Decision cannot be altered outside Tribunal process, section 85 Tribunal may remit decision to decision-maker for reconsideration, section 131M Decision cannot be altered outside Tribunal process

Policy reference: PPL Guide 7.2.1 ART review of claimant decisions, 7.3 Second review of claimant decisions, 7.4 Guidance & appeals panel reviews

Notice of decision on review of a decision

Written notice is required when a decision is made on an own-initiative review. See 7.1.5 for the requirements of this notice.

Act reference: PPLAct section 211 Internal review—notice of decision on review of claimant decision

Policy reference: PPL Guide 7.1.5 Notice of internal review decision

Last reviewed: