11.9.7 Review & appeal process under the SPAR 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 Supporting People at Risk measure, may seek review of that decision. The person will have access to the full range of review and appeal rights, including review by an ARO and the ART. A decision may be appealed to the Federal Court on a question of law only. By special leave, a decision can be appealed to the High Court. Decisions made by a recognised state or territory authority employee or officer are not made under the social security law and therefore may only be reviewed through the recognised state or territory authority review procedures.

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

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 state/territory authority or court.

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

In relation to applications to the state/territory referral authority for review, income management continues to apply until the application is determined and unless or until the state/territory referral authority withdraws or revokes its notice to the delegate.