8.2.2 AAT first review of employer decisions
AAT first 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 AAT first review of an AAT reviewable employer decision (1.1.A.03).
Note: A claimant cannot apply for a first review of an AAT reviewable employer decision.
AAT reviewable employer decision
An AAT reviewable employer decision is a 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 AAT first review
If an officer varies or substitutes a decision after an application has been made for AAT first review of the decision, the application is taken to be an application for AAT first review of the decision as varied or substituted. In this case, the person may continue with the review of the decision as varied or substituted or the person may notify the AAT either orally or in writing that the application is discontinued or withdrawn.
Act reference: PPLAct section 226 Variation of original decision after application is made for AAT first review
Administrative Appeals Tribunal Act 1975 section 42A Discontinuance, dismissal, reinstatement etc. of application
Form of application for review
An application for an AAT first review by an employer must be in writing and accompanied by a statutory declaration verifying the application. It is an offence to sign a false statutory declaration, and a person who does so may be prosecuted.
If the application is for review of an employer determination decision, the application must specify which conditions the employer believes are not satisfied for the making of an employer determination and whether the employer has elected to provide PLP to their employee.
Timing of application for review
An employer must apply for AAT first review within 14 days after the day on which the AAT reviewable employer decision was made.
Act reference: PPLAct section 223 Application of this Division, section 224 AAT first review of employer decision-application for review
Parties to a review
The parties to an AAT employer decision review are:
- the employer, and
- the Secretary, and
- if the decision was made by the Chief Executive Centrelink or an APS employee in Services Australia, or the Chief Executive Medicare, the relevant Chief Executive.
Note: A claimant is not a party to a review sought by an employer.
Act reference: PPLAct section 224A Person who made the decision
Administrative Appeals Tribunal Act 1975 section 30 Parties to proceeding before Tribunal