The Law Handbook 2024

342 Section 5: Managing your money AAT to review the decision, under section 145 of the SSA Act, Centrelink can decide whether the pension, benefit or allowance should continue until the application is decided or withdrawn. The AAT cannot review a decision made by Centrelink under section 145 of the SSA Act. If Centrelink decides to not continue a person’s payment under section 145 of the SSA Act, an urgent hearing should be sought as the decision under review will operate unless and until the AAT decides to vary it or set it aside. A person can also lodge a complaint to the Commonwealth Ombudsman (www.ombudsman.gov.au) if they are dissatisfied with Centrelink’s actions. If an adverse decision has been made at the first review, an applicant may apply for an order staying the implementation of the decision until the second review is finalised (s 41 AAT Act). If a stay is granted, and the person is unsuccessful, the amount paid while the decision was stayed will be recoverable as a debt (s 1223AB SSA Act). Complaints about Centrelink Where a person is dissatisfied with the actions of a Centrelink worker or a Centrelink process – but redress is not available through the appeal process (e.g. because the decision is legally correct) – a separate complaints mechanism exists through Centrelink’s Complaints and Feedback unit (tel: 1800 132 468). If a person is dissatisfied with the outcome of their complaint, they can take it to the Commonwealth Ombudsman (www.ombudsman.gov.au) . Claiming compensation from Centrelink Any person who has suffered some financial loss or detriment because of a mistake made by Centrelink may be able to claim compensation under the scheme for Compensation for Detriment caused by Defective Administration ( CDDA ). The CDDA allows compensation to be paid to people who have experienced detriment because of the defective actions or inaction of, in this case, Centrelink (i.e. an unreasonable failure to follow a procedure or an unreasonable failure to give proper advice that was within the officer’s power and knowledge, etc.). Paymentsmade under the CDDAare discretionary. This means there is no automatic entitlement to a payment. The CDDA is last resort and there is no further appeal option. However, a complaint can be lodged with the Commonwealth Ombudsman if the affected person is not happy with the handling of their claim by Centrelink. Where a person’s case does not fall within the CDDA’s strict requirements, the Act of Grace scheme ( AoG ), administered by the Australian Government Department of Finance, may be considered. The AoG is similar to the CDDA but can include a wider range of circumstances than the CDDA. More information Publications • The Australian Government Department of Social Services publishes guides to social policy law, including the Social Security Guide and the Family Assistance Guide. Regularly updated, these guides set out the policy rules Centrelink follows in administering all income-security programs. The guides are available at https://guides.dss.gov. au. • Each year, Centrelink produces up-to-date pamphlets on the pensions and benefits currently available and the rates at which they are paid. • Economic Justice Australia (previously called the National Social Rights Network) has a range of useful information available on its website (www.ejaustralia.org.au) , including fact sheets (www.ejaustralia.org.au/self-help) . Centrelink For information about current payment rates, check the telephone directory or the Centrelink website (address below) and call the 13 number (for cost of a local call) relating to the payment you need information about. The booklet, A Guide to Australian Government Payments , and other information on social security payments, is available on the AustralianGovernment’s Services Australia website at www.servicesaustralia. gov.au.