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.

11.7.7 Review & appeal processes under the VIM measure

Introduction

A person who is unhappy with a decision made under the SS(Admin)Act about their income management arrangements under the VIM measure has access to the full range of review and appeal rights, including by an ARO and the ART.

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

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

Decisions that a person may seek review of include:

  • A decision not to enter into an income management agreement under SS(Admin)Act section 123UM, that is, a decision that the delegate cannot enter into a VIM agreement with a person, or a decision that it is not feasible to deliver income management services to a person.
  • A decision to take an action under Division 6 directed to meeting the priority needs of a person, that is, a decision to distribute income managed funds in a particular way.
  • A decision with respect to income management debt recovery (SS(Admin)Act section 123ZJ).
  • All decisions affecting social security payments not directly related to income management. For example, decisions about eligibility/rate/participation or failures/suspension/cancellation/debt recovery etc. (Decisions affecting family assistance payments are reviewable in accordance with the family assistance law.) Income managed people in all jurisdictions retain ordinary review/appeal rights in this regard.
  • A decision on how residual income managed funds are disbursed under SS(Admin)Act section 123WJ, once a person ceases income management, that is, either as a lump sum or instalments or by allocating to meet priority needs.

A decision may be appealed to the Federal Court on a question of law only. By special leave, it can be appealed to the High Court.

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.

Act reference: SS(Admin)Act Part 4 Internal review of decisions, Part 4A Review by ART, section 123UM Voluntary income management agreement, section 123ZJ Value of action taken under Division 6 exceeds credit balance of income management account, section 123WJ Payment of credit balances of income management accounts—person ceases to be subject to the income management regime

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