7.1.5 Notice of internal review decision

Claimant decision

Once a review of a claimant decision (1.1.C.110) is completed the decision maker must notify the outcome by giving a written notice to:

• the applicant who sought the review, and
• any other persons whose interests are affected by the decision (other than the employer).

If the decision maker makes a decision that relates to a child the decision maker must give written notice of the decision to:

• anyone who has made a claim in relation to the child, and
• anyone who has notified that they intend to make a claim and the decision maker is also satisfied that the claim has or would have a reasonable prospect of success.

The notice may include the decision maker's reasons for the decision, findings of fact, and other evidence or material on which the decision was based. However, a notice that does not contain this material will still be valid.

Note: The general expectation is that the decision maker would supply reasons for the decision, however Centrelink has discretion as to how much information or evidence they provide to each person whose interests are affected by the decision. While there would be no barrier to providing the applicant with a full set of reasons, the provision allows the decision maker to inform others affected by the decision of the decision itself without necessarily providing the reasons for the decision to all affected parties, where doing so may not be supported by the confidentiality provisions in PPLAct Division 3 or the Privacy Act 1988. In most cases, affected parties will be advised that a decision has been made, how it may affect them and, where appropriate, their options or rights.

The notice MUST include information about further review rights to the ART, except where the review decision relates to claimant decisions which are excluded from ART review (7.2.1).

Employers would only be notified of the outcome of a person's application for review of a claimant decision if it affected the employer's obligation to provide PLP. For example, if an employer determination is revoked the employer and the person must be notified of the decision or, if a decision is made to vary, set aside or revoke a payability determination, Centrelink must give the employer written notice.

Employer decision

If the decision maker makes a decision (as a result of either an own-initiative review or a review following an application) about an employer funding amount (1.1.E.80), payment by instalments by employers, employer determination (1.1.E.70), compliance, or any other decision that directly affects the interests of an employer then the decision maker must give written notice of the decision to the employer concerned.

The notice must set out the reasons for the decision, findings by the decision maker on material questions of fact, and refer to the evidence or other material on which the findings were based.

If the review decision is about an employer funding amount decision or an employer determination decision, the notice MUST include a statement that the employer may apply to the ART for review of the decision.