The Law Handbook 2024

Chapter 5.1: Dealing with social security 339 1237AB SS Act). These include where the person with the debt has special circumstances, and the debt was not caused by a person knowingly failing to comply with an obligation or knowingly giving false information. Centrelink must generally waive the recovery of a debt if: • the debt has been caused 100 per cent by an error made by Centrelink, and the person received the payment in good faith (unless the debt was raised within prescribed time limits); • the value of the debt is less than $200 and it is not cost-effective to recover the debt (this does not apply if the debt is at least $50 and could be recovered by deductions from the debtor’s social security payments); • the person is prosecuted and sent to jail for the debt, and the judge or magistrate actually says that they are going to jail for longer because they can’t or won’t pay the debt. Notification obligations A range of notification obligations can arise under ‘notification obligation letters’ that are issued under the SSA Act. In addition, section 66A of the SSA Act requires anyone receiving a social security payment to inform Centrelink if an event or change of circumstances occurs that ‘might affect the payment of their social security payment or the person’s qualification for the concession card’. While section 66A is most relevant to criminal prosecutions, it may also have implications for overpayments. Any person who is faced with a criminal charge for overpayments concerning a failure to inform Centrelink of their change in circumstances affected by the retrospective legislation should immediately seek independent legal advice (from a community legal centre, Victoria Legal Aid or a solicitor, see Chapter 2.1: Legal representation, and Chapter 2.4: Legal services that can help, for further information). If a person is advised that Centrelink is investigating whether they have complied with their notification obligations – or they are invited to attend Centrelink for a voluntary recorded interview regarding their notification obligations – the person should immediately seek independent legal advice (see Chapter 2.4: Legal services that can help). Social security appeals Introduction If a person is affected by a Centrelink decision and they are dissatisfied and think the decision is wrong, they have the right to ask Centrelink to review the decision. A request for a review can be made in writing, over the phone, or by visiting Centrelink. However, it is advisable that requests are made in writing. Reviews are conducted by authorised review officers, who are senior Centrelink officers. Authorised review officers A person seeking a review of a Centrelink decision must first request a review by an authorised review officer ( ARO ) (s 129 SSA Act ). An ARO is a senior Centrelink officer. The ARO can overturn the decision, vary the decision, or affirm the decision. The ARO will give the person a letter explaining their decision, the reasons for their decision, the facts considered, and the relevant laws or Centrelink guidelines followed in reaching the decision. The ARO will also explain how their decision can be appealed. If the person is dissatisfied with the ARO’s decision, they can seek a review of the decision by the Administrative Appeals Tribunal. There is no time limit for requesting an ARO review. However, if the request is lodged more than 13 weeks after receiving Centrelink’s decision, any new decision can only take effect from the date of the request (s 109(2) SSA Act). This rule effectively restricts arrears where payable. There is no discretion to extend the period for asking for an ARO review. This rule does not apply where written notification of the decision is not sent, or when a person is asking for a review of a debt decision. This rule also does not apply to family tax benefit decisions where different rules and time frames apply. Administrative Appeals Tribunal Overview The Administrative Appeals Tribunal ( AAT ) is governed by the Administrative Appeals Tribunal Act 1975 (Cth) (‘ AAT Act ’). For the AAT’s contact details, see ‘Contacts’ at the end of this chapter.