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7.2.3 Procedures for ART reviews

Introduction

The rules relating to review by the ART are mainly in the ARTAct. However, the PPLAct modifies the rules and procedures contained in the ART Act in some ways for the purposes of ART reviews of PPL matters. This section is about the procedures to be followed in relation to ART reviews of reviewable claimant decisions and reviewable employer decisions.

Providing reasons & documents following receipt of application for ART review

The ART must give both the applicant and Centrelink written notice of an application for ART review. If the ART considers that another person's interests may be affected by the decision being reviewed then the ART can give written notice, of the application and their right to apply to be a party, to that person or require the applicant to do so.

Note: A person whose interests are affected by the decision in their capacity as an employer cannot apply to be a party to a review of an ART reviewable claimant decision (1.1.A.02).

Unless the ART orders otherwise or the ART's practice directions state otherwise, Centrelink must provide the ART with a statement about the reasons for the decision under review and a copy of all relevant documents in its possession/control within 28 days of the application.

Note: The statement of reasons for the decision may be but does not have to be the same as that given to the applicant by Centrelink following the original decision.

After an application by one of the parties or of its own initiative the ART may request that Centrelink send the statement and documents sooner than 28 days. If the ART does so, Centrelink must take all reasonable steps to comply with this request. This may occur, for example, in cases in which financial hardship could occur pending the determination of the appeal.

Centrelink may apply to the ART to extend the period within which it must give the statement and copies of documents. The ART on this application or of its own initiative extend the period even if it has already expired.

Once Centrelink has provided the ART with a statement of reasons for the decision the ART may order Centrelink to provide a statement with further information in relation to:

  • findings on material questions of fact in relation to the decision
  • evidence or other material on which the findings were based
  • reasons for the decision.

The timeframe for providing this statement will be specified in the order.

If any relevant documents, not previously provided to the ART, come into the possession or under the control of Centrelink after the initial statement and documents have been sent but before the determination of the review, Centrelink must send a copy of the later documents to the ART within 28 days, or within a longer period if specified under a practice direction, of the document coming into its possession or control. The ART may also request Centrelink provide a copy of a document (or class of documents) in its possession/control which the ART is satisfied is relevant to a review. Such a request will specify a period in which Centrelink must provide the requested copies.

Act reference: PPLAct section 227 Procedure on receipt of application for certain ART reviews

ARTAct Part 3 Division 4 subdivision B Provision of reasons and documents

Centrelink to provide other parties with statements & documents provided to the ART

Centrelink must give a copy of all statements and documents it has been required to provide to the ART to the other parties within the same period it was required to provide them to the ART.

Exception: The ART can make orders or develop practice directions not to provide copies of statements or documents, including to specific parties.

Exception: Where the ART is still resolving whether to restrict publication or disclosure of information following an application by a person, and the person has provided the relevant statements or copies of documents to the ART and a copy of their application to restrict the information to all other parties to the review, Centrelink is not required to disclose the information further until the ART has decided on the application and ordered Centrelink to provide it.

Act reference: ARTAct section 27 Decision-maker must give copies of reasons and documents to other parties—general rule, section 28 Exceptions—Tribunal may adjust requirements, section 29 Exception—while resolving whether to restrict publication or disclosure of information

Hearing of ART reviews in private

The hearing of an ART review of a PPL decision must be in private. The ART may give directions in writing or otherwise, as to who may be present at any hearing of an ART review. In exercising this discretion, the ART must have regard to the wishes of the parties and the need to protect their privacy.

Exception: Guidance and appeal panel reviews must be held in public unless there is a valid practice direction or ART order requiring otherwise.

Act reference: PPLAct section 232 Hearing of certain ART reviews in private

Costs of ART review

Each party must bear their own expenses incurred in relation to the ART review. However, the ART may determine that the Commonwealth is to pay the reasonable costs that are incurred by a party for travel and accommodation expenses in relation to the review.

The ART also may determine that the Commonwealth pay the costs of a medical service that the ART arranges for a party to an ART review.

Act reference: PPLAct section 233 Costs of ART review

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