The Law Handbook 2024

Chapter 5.1: Dealing with social security 341 At the hearing, the applicant must take an oath or affirmation, then answer the AAT member’s questions. The applicant will be given the opportunity to make submissions to the tribunal. The person who asked for the review is generally responsible for their own costs and expenses, but the AAT may reimburse individuals for travel and accommodation expenses, and for any medical expenses if the AAT arranges a medical examination (s 176 SSA Act). The AAT usually makes its decision on the day of the hearing. It must then send its decision, with the reasons for the decision, to the applicant within 14 days (s 178). On rare occasions, the AATmay defer or delay making a decision if the case is complicated or further material is requested from Centrelink. How to request an AAT review: Second review If an applicant or Centrelink does not agree with the decision made at the first review hearing, they have the right to request that the AAT’s General Division review the decision. To request a review of a first hearing decision, fill in the application form (available on the AAT’s website at www.aat.gov.au) and send it to the General Division of the AAT within 28 days of receiving the decision of the first review. If an application for a review is lodged after 28 days, an applicant must apply for an extension of time (the extension application form is available on the AAT’s website). An application for a review can be lodged: • online (www.aat.gov.au) ; or • in person to the AAT registry; or • in writing (posted to GPO Box 9943 in the capital city closest to where the applicant lives); or • emailed to generalreviews@aat.gov.au; or • via phone (1800 228 333). The AAT review hearing: Second review The process for a second review is longer and more formal than that of a first review. Centrelink will be represented by a lawyer. An applicant has the right to be legally represented, but this is not essential. Before the hearing of a second review, the AAT will conduct at least one pre-hearing conference between the applicant, a conference registrar from the AAT, and Centrelink’s lawyer (s 34A AAT Act). This is an informal discussion aimed at identifying the issues between the parties and attempting to resolve the matter without a need for a second review hearing. Before the hearing, the AAT may give directions about timelines and what evidence is to be brought before the AAT (although this does not limit the evidence that may be brought). At the hearing, the applicant will be asked questions by the AAT members and by Centrelink’s lawyer. Each party is permitted to make submissions orally/in writing. The hearing can be conducted by telephone or other electronic communications equipment, with the AAT’s permission. The AAT can provide an interpreter if needed. Unlike first review hearings, second review hearings are open to the public. Decisions and reasons for decisions are published online. However, an applicant can apply for a confidentiality order to: • restrict the publication of their personal details (e.g. their name); and/or • restrict the publication of the reasons for the AAT’s decision; and/or • require the hearing to be conducted in private. Confidentiality orders are not automatically granted, and a person must show compelling reasons for why an order should be made. The AAT may provide an oral decision on the day of the hearing or reserve it and send a written decision later. If the AAT delivers its decision orally, a party has the right to request the reasons for the AAT’s decision in writing, within 28 days. The AAT’s powers When reviewing a Centrelink decision, either at the first or second review, the AAT can affirm or vary the decision, set it aside and substitute a new decision, or send thematter back toCentrelink for reconsideration (s 43 AAT Act). The effect of a successful decision and the payment of arrears depends on the date the application for a review was lodged. Continuation of payment pending an appeal Where Centrelink has cancelled, suspended, or reduced a pension, benefit, or allowance under the SSA Act, and the person affected has asked the