8.1.1 Own-initiative reviews
If satisfied there is sufficient reason to do so Centrelink may, on its own initiative, review a decision made by an officer under the PPLAct.
Centrelink must not, on its own initiative, review a decision to make an employer determination (1.1.E.70). A decision to make an employer determination can only be reviewed if requested by the employer. Centrelink can also revoke an employer determination if the conditions under which an employer determination can be revoked are met (see 6.1.8).
Centrelink may initiate a review of a decision:
- whether or not a person has applied for a review, and
- even if an application for review has been made to the AAT.
Having reviewed the decision, Centrelink may affirm or vary the decision or set aside the decision and substitute a new decision.
Act reference: PPLAct section 108 Revocation of an employer determination, section 203 Internal review-own-initiative review by Secretary
Own-initiative review where a tribunal review has been requested
If, on an own-initiative review, Centrelink affirms or varies the decision, or sets aside and substitutes a new decision, and at that time the claimant or employer had applied to the AAT for a review of that decision, Centrelink must give a written notice of the decision to the Registrar of the AAT.
Act reference: PPLAct section 204 Internal review-own-initiative review and tribunal review
Notice of decision on review of a decision
Written notice is required when a decision is made on an own-initiative review. See 8.1.5 for the requirements of this notice.
Act reference: PPLAct section 211 Internal review-notice of decision on review of claimant decision