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.

7.2 ART review of claimant & employer decisions

Introduction

If a decision has been affirmed, varied or set aside by an ARO, a person affected by a claimant decision (1.1.C.110) or an employer affected by an employer determination decision (1.1.E.60) or an employer funding amount decision (1.1.E 80) may apply for an ART review of the decision as affirmed, varied or substituted.

The objective of the ART review is to provide an independent mechanism of review that is:

  • fair and just
  • economical
  • accessible and responsive, and
  • transparent.

The ART may review a claimant decision, an employer determination decision or an employer funding amount decision made personally by a PPL agency representative (1.1.P.160).

Decisions which the ART may review are referred to as either ART reviewable claimant decisions (1.1.A.02) or ART reviewable employer decisions (1.1.A.03).

Exception: Decisions referred to in PPLAct subsection 215(2) (7.2.1) are not reviewable by the ART.

Act reference: PPLAct section 215 Application of this Division (ART review of claimant decisions), section 223 Application of this Division (ART review of employer decisions)

ARTAct section 9 Objective

Procedures

There are procedures to be followed for ART reviews of decisions and requirements for notification of the decision (7.2.3).

Federal Court

A party to an ART review can appeal to the Federal Court on a question of law from the decision of the ART in the proceeding. A question of law arising in an ART review can also be referred to the Federal Court for decision (7.2.6).

Last reviewed: