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. What can be reviewed/appealed through the delegate under the Cape York initiative

What can be reviewed/appealed through the delegate

Current practice for the review of decisions is provided for in SS(Admin)Act Part 4, where a review of a decision of an officer under social security law can occur. A decision by the delegate of the Secretary under SS(Admin)Act Part 3B will be a decision by an officer and therefore reviewable under social security law.

Examples of decisions that an individual may seek review of include:

  • A decision to apply income management under SS(Admin)Act section 123UF (1) or (2) or (3), i.e. that the conditions in the applicable subsection are satisfied in relation to an individual.
  • A decision to take an action under Division 6 directed to meeting the priority needs of an individual, i.e. a decision to distribute income managed funds in a particular way.
  • A decision with respect to income management debt recovery (e.g. SS(Admin)Act section 123ZJ).
    • Note: Waiver provisions under SSAct Chapter 5 are NOT applicable under the income management regime.
  • All decisions affecting social security payments not directly related to income management. For example, eligibility/rate/participation failures/suspension/cancellation/debt recovery etc. (Decisions affecting family assistance payments are reviewable in accordance with the family assistance law.) Income managed individuals in all jurisdictions retain ordinary review/appeal rights in this regard.
  • A decision on how residual income managed funds are disbursed under section 123WJ once an individual ceases income management, i.e. either as a lump sum or instalments or in another way.

Act reference: SSAct Chapter 5 Overpayments and debt recovery

SS(Admin)Act section 123UF Persons subject to the income management regime-Queensland Commission, section 123WJ Payment of credit balances of income management accounts-person ceases to be subject to the income management regime, section 123ZJ Value of action taken under Division 6 exceeds credit balance of income management account

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