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.

7.2.4 Other evidence provisions

Taking evidence

The ART may take evidence on oath or affirmation for the purposes of a review of a decision.

Act reference: ARTAct section 75 Tribunal may take evidence

Powers to obtain information

The ART has several mechanisms through which it can obtain information relevant to an ART review:

  • The ART can, through a directions order, require a party to proceedings (this may include Centrelink even where it has elected not to participate) to give information or documents to the ART or another party to the proceeding, for the purposes of the proceeding.
  • The ART can, where it reasonably believes that a person has information that is relevant to an ART review and the person is not a party to the review (Centrelink would generally be considered a party in reviews of PPL decisions), by written notice given to the person, require the person to give to the ART, within the period and in the manner specified in the notice, any such information.
  • If the ART has reasonable grounds to believe a person (including a Centrelink officer) has information, or a document or item relevant to an ART review then the ART has the power to issue a summons requiring that person to appear before the ART and/or produce the document or item. The summons will be in writing and set a day, time and place for the person to appear and/or produce the document or item. This date, except with the consent of the person summoned, be at least 14 days after the summons is given to the person. If a person has been issued a summons to produce a document or item it can do so before the day specified in the summons.

Act reference: PPLAct section 230 ART’s power to obtain information for ART review

ARTAct section 74 Tribunal may summon person to give evidence or produce documents, section 79 Tribunal may give directions in relation to procedure for proceeding

Exercise by Centrelink of information-gathering powers

The ART may request Centrelink exercise the Secretary’s powers under PPL Act section 117 (6.1.1), if the ART reasonably believes that a person will be able to give information, or produce a document, that is relevant to the review of a decision. Centrelink must comply as soon as practicable, and, in any event, within 7 days after the request is made.

Note: Generally, Centrelink can only use the Secretary’s powers to require a person to give information or produce a document where they have a reasonable belief the person will be able to do so. However, where the ART has requested Centrelink exercise the Secretary’s powers, only the ART and not Centrelink needs a reasonable belief to do so.

Act reference: PPLAct section 116A Reasonable belief needed to require information or documents, section 117 General power to obtain information, section 231 ART may require Secretary to obtain information for ART review

Offence

It is an offence if:

  • a person fails to comply with a summons the ART has issued unless it was not reasonably practicable to do so, or
  • a person, who is not a party to the ART review, fails to comply with a notice issued by the ART, requiring the person to give information, expect where complying might incriminate the person.

In both cases, the penalty is imprisonment for 6 months or 30 penalty units, or both.

Act reference: PPLAct section 230 ART’s power to obtain information for ART review, section 231 ART may require Secretary to obtain information for ART review

ARTAct section 116 Offence—failure to comply with summons

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