11.3.7 Review & appeal process under the Child Protection measure

Introduction

A person who does not agree with a decision made under the SS(Admin)Act about income management arrangements for them, under the Child Protection measure, may seek review of that decision. The person will have access to the full range of review and appeal rights, including review by AROs and the ART. A decision may be appealed to the Federal Court on a question of law only. By special leave, they can be appealed to the High Court. Decisions made by a child protection worker are not made under the social security law and therefore may only be reviewed through the relevant state or territory child protection authority review procedures.

Appeals and reviews in relation to decisions about the application of income management under SS(Admin)Act section 123UC and the implementation of income management under SS(Admin)Act Part 3B should be progressed through Centrelink.

Applications for review of the child protection authority's decision to refer a person to Centrelink for income management, or about the period that it is to be applied for, are to be progressed via the relevant state or territory child protection authority.

In relation to reviews and appeals of Centrelink decisions, income management continues to apply while the review is being undertaken, unless otherwise directed by the relevant tribunal or court.

In relation to applications to the child protection authority for review, income management continues to apply until the outcome of the application is determined and unless or until the child protection authority withdraws or revokes its notice to the delegate.