The Law Handbook 2024

340 Section 5: Managing your money Most Centrelink decisions (e.g. rejection of a claim, cancellation of a benefit, decision to raise and recover an overpayment, specific issue affecting a rate or qualification like person’s relationship status) can be reviewed by the AAT. The AAT has wide powers to make a new decision (e.g. to grant a benefit refused by Centrelink, restore a payment cancelled by Centrelink, increase a payment reduced by Centrelink, or set aside a Centrelink decision to recover a debt). The decisions that are not reviewable by the AAT are listed in section 144 of the SSA Act. Some of these decisions relate to: • specifying the nature of claim forms and places of lodgment for claims; • requiring persons to give information to Centrelink; • continuing social security payments during an appeal; and • making income tax deductions from payments. AAT hearings are usually before one person, who is called a ‘member’ of the tribunal. On rare occasions, there may be two or three members at a hearing. The AAT is made up of members with a range of backgrounds, including lawyers, doctors, social workers and other people with relevant experience. The AAT can now also review certain decisions under child support legislation and parental leave pay decisions. Terms of reference The AAT is directed to provide a review mechanism that is ‘fair, just, economical, informal and quick’ (s 2A AAT Act). A person affected by a Centrelink decision under social security law may ask the AAT to review the decision after an ARO has reviewed the decision (s 142 SSA Act). Centrelink decisions can be reviewed by the AAT twice: first by the Social Services and Child Support Division ( first review ) and then, if requested, by the General Division ( second review ). How to request an AAT review: First review An application for a first review by the AAT can be made: • online (www.aat.gov.au) ; or • in writing (posted to GPO Box 9943 in the capital city closest to where the applicant lives); or • in person to the AAT registry; or • via email (generalreviews@aat.gov.au) ; or • via phone (1800 228 333). Review application forms are available but are not compulsory. Time limits The same time rules for ARO reviews apply to AAT first reviews. There is no time limit for requesting a first review by the AAT. 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 application for the AAT first review (s 147 SSA Act, item 8). There is no discretion to extend the period for lodgment of an application for an AAT first review. Similar to the ARO review, this rule does not apply where written notification of the decision in question is not sent, or when a person is seeking a review of a debt decision. This rule also does not apply to family tax benefit decisions where different rules and time frames apply. Access to information When a request for a first review is made to the AAT, Centrelink must send a full statement of reasons for its decision and a copy of every relevant document in its possession to the AAT and to the person asking for a review (s 37 AAT Act; s 165 SSA Act). Centrelink is required to give the AAT and an applicant all the relevant documents that Centrelink has before the hearing. However, a person can also request access to their full records under the Freedom of Information Act 1982 (Cth) (see Chapter 12.3: Freedom of information law). The AAT review hearing: First review First reviews are conducted by AAT’s Social Services and Child Support Division. The first review hearing at the AAT is informal. Hearings are held in private and can be conducted in person or by telephone. Centrelink is not represented at the hearing. If the tribunal gives permission, the applicant can be represented by a lawyer or an advocate. Representation is not essential; lawyers and advocates do not usually attend first review hearings.