7.1.2.20 Internal review of employer determination decision

Introduction

An employer may seek a review of a decision that they are to pay an employee instalments of PLP (an employer determination decision (1.1.E.70)). Only an employer can apply for a review of an employer determination decision or an employer funding amount decision, precluding claimants from applying.

There are no provisions for an employer to seek a review of a debt raising or debt recovery decision.

An employer may apply, in writing, to Centrelink for review of an employer determination decision that relates to the employer if the employer believes that:

• the employee will not receive PLP for at least 40 consecutive PPL days that are week days
• the employee has not, or will not, have been an employee for at least 12 months before the baby's expected DOB (for pre-birth claims) or the later of the expected DOB or actual DOB (for post birth claims)
• the employee has received PLP prior to their continuous flexible period (1.1.C.145)
• the employee is not an employee for which a mandatory employer determination is made AND the employer has NOT elected to provide PLP to that employee, or class of employee
• the employee is not likely to be an Australian-based employee of the employer for the required period, or
• the employer does not have an ABN.

Exception: An employer cannot apply for internal review of an employer determination decision that was made personally by a PPL agency representative (1.1.P.160). In this case they may apply for ART review.

Timing of application for internal review of employer determination decision

An application for internal review of an employer determination may only be made within 14 days after the date of the notice given by Centrelink advising the employer of the making of the employer determination. This is consistent with the timeframe for employers to respond to the Centrelink notice by either giving an acceptance notice or seeking review of the decision to make the employer determination.

Content of application for internal review of employer determination decision

In applying for review of the decision, the employer MUST specify which condition or conditions the employer believes are not satisfied. In cases where the employer believes payments are not likely to be payable for at least 40 consecutive weekdays to a person or the person will not have been employed by the employer for at least 12 months before the expected/actual DOB, the employer must also state whether an election to provide PLP to an employee, or to a class of employees that includes that employee, applies to the person. The application must be signed by a person authorised by the employer and be accompanied by documentary evidence supporting the application, or a statutory declaration supporting the application if the employer is unable to provide documentary evidence (for instance, where the employer does not have any records about the claimant as the claimant was never employed by the employer).

The disclosure of personal information for the purposes of making an application for review of an employer determination decision, is taken to be authorised by law for the purposes of the Privacy Act 1988 and any provision of a law of a state or territory that provides that personal information may be used or disclosed if the use or disclosure is authorised by law. This is intended to cover situations where the employer may have to disclose personal information about one of its employees (such as that a particular person no longer works for the employer) in order to be able to apply for a review of the employer determination.