7.2.2 ART review of employer decisions

Introduction

ART review is available for certain reviewable employer determination decisions (1.1.E.70) and employer funding amount decisions (1.1.E.80). An employer may apply for an ART review of an ART reviewable employer decision (1.1.A.03).

Note: Applications for a review of a related ART reviewable employer decision can only be made by an employer, precluding claimants from applying.

ART reviewable employer decision

An ART reviewable employer decision is an employer decision as affirmed, or varied, or substituted as a result of the internal review process, or an employer decision made personally by a PPL agency representative.

Variation of original decision after application is made for ART review

Generally, once an application for review has been made, an original decision cannot be altered except by the ART. However, an officer can vary or substitute an employer decision after an application has been made for an ART review of the decision, as long as:

• the President of the ART has not referred the application to the guidance and appeals panel
• if a valid application has already been made for the employer decision to be referred to the guidance and appeals panel, the varied or substituted employer decision is made before the guidance and appeals panel is constituted.

Once changed, the decision as varied or substituted, rather than the original decision, becomes the decision under ART review.

Form of application for review

An application to the ART for a review of a decision may be made in writing to the ART or in another manner specified in the practice directions of the ART. The application to the ART must include the information specified for the application in the practice directions although missing information does not automatically invalidate an application.

Applications can be made on a person's behalf by someone else.

Timing of application for review

An employer must apply for ART review within 14 days after the day on which the ART reviewable employer decision was made.

Parties to a review

Generally, the parties to an ART employer decision review are:

• the employer
• the decision-maker (the Secretary of the DSS)
• any other person if they apply to the ART to become a party and the ART is satisfied their interests are affected by the decision and it is appropriate for them to become a party.

Note: A claimant is not automatically a party to an ART employer decision review. However, they are not prevented from applying to the ART to be a party.

Note: If a party, who is neither the applicant nor a non-participating party, fails to appear or comply with an order of the ART (which was reasonable) then the ART may order they cease to be a party to the ART review. They can be reinstated at a later time if the ART wishes.

Generally, although listed as a party to an ART review, the Secretary has elected not to participate in an ART review. The decision-maker can still give written submissions to the ART but will not participate directly in hearings.

Note: The Tribunal can still require a decision-maker to participate in the ART review despite them electing not to participate.

Exception: The decision maker is a participating party:

• Where the decision maker has provided a written notice that they wish to participate and the ART has decided to accept the request.
• The ART have ordered the decision-maker to participate.
• The ART review is a guidance and appeals panel review.

The Attorney-General of the Commonwealth may elect to become a party in matters of significant public importance, where the outcome of the matter might have significant implications for the development of the law or the community more broadly (going beyond the interests and concerns of the parties directly involved in the ART review).

Further review options

Unlike claimant decisions, employer decisions are not considered eligible social services decisions for a second review in the ART. This means that, while a second review is not available, in addition to the President referring the ART's decision to the guidance and appeals panel, a party to the review (including both the employer or Centrelink) may apply to the guidance and appeals panel (1.1.G.30) for review of the ART's decision.