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.

8.3.2 Decisions

Decisions to be in writing

Decisions under the PPLAct must be in writing.

Use of computer programs to make decisions

Centrelink may arrange for use of computer programs to make decisions. Where a decision under the PPLAct is generated by a computer program, it is deemed to be a decision by Centrelink and may be subject to review (if decisions by Centrelink of that nature are otherwise reviewable).

Notice of decisions

A notice of a decision under the PPLAct is to be taken to have been given to the person if the written notice of the decision is:

  • delivered to the person personally, or
  • left at the address of the place of residence or business of the person last known to Centrelink, or
  • sent by prepaid post to the postal address of the person last known to Centrelink.

Notices of decisions can also be given electronically in accordance with the Electronic Transactions Act 1999.

A notice of a decision under the PPLAct may be given to a person by properly addressing, prepaying and posting the document as a letter. If this procedure is followed, then the notice is taken to have been given to the person at the time at which the notice would be delivered in the ordinary course of post unless the contrary is proved.

If a provision of the PPLAct requires a notice of a decision to be given, the decision is not ineffective just because the notice was not given or was given late or did not comply with the requirements in relation to that decision of the PPLAct. Other notices (such as a notice requiring a person to provide information) are subject to the rules in sections 28A and 29 of the Acts Interpretation Act 1901.

Act reference: PPLAct section 304 Decisions to be in writing, section 305 Secretary may arrange for use of computer programs to make decisions, section 306 Notice of decisions

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