how to appeal against a Centrelink decision

What to do

You can appeal if you are unhappy with any Centrelink decision, for example if they refuse to grant you Newstart Allowance, or cancel your Parenting Payment (single) because they claim you're in a marriage-like relationship, or if they say you owe them money.

Places you can go for assistance with your appeal include community legal centres (ph: 9654 2204 or go to www.communitylaw.org.au for details of the centre nearest you) or the Welfare Rights Unit, an independent legal service that provides advice on settling welfare matters (see their contact details at the end of the chapter).

If you are appealing a decision to cancel or reduce your payment, you can ask Centrelink to continue your payment until your appeal is decided. You should do this within 14 days of receiving the decision. However, Centrelink does not have to agree to do this, except where you are appealing the terms of an agreement such as a Preparing for Work Agreement (see 'Newstart Allowance', above).

What to do

The first official step is to go to the Authorised Review Officer (ARO). Contact them through your local Centrelink office to see if they will change the decision. Centrelink may send the appeal to the original decision maker before sending it to the ARO. The original decision maker or the ARO may not change the decision, as they have to follow Centrelink's policies and rules when deciding matters. However, you should continue with your appeal unless you've had independent advice to stop.

Next, you can appeal to the Social Security Appeals Tribunal (SSAT). This Tribunal is independent of Centrelink. You can ring them or write them a letter stating what decision you're appealing against and why you think it's wrong. You can ask for an urgent hearing if you do not have enough money to live on.

Social Security Appeals Tribunal (SSAT)

GPO Box 9943, Melbourne 3001

Ph: 9954 0700; or 1800 011 140 (toll free)

They will send you a letter asking you to make an appointment for your hearing. Before the hearing they will send you a copy of the papers they have received from Centrelink.

In preparing your case, you may want to have a more thorough look at your Centrelink file. Fill in the 'I want to see my file and personal documents' form, available from your local Centrelink office. Note that this will probably delay your hearing, and you will have to weigh up whether it is worthwhile.

Prepare clear and well-thought-out arguments about why you think the Centrelink decision is wrong. Get independent advice (from Welfare Rights or a community legal centre, for example) on how to prepare for the hearing, particularly if you don't understand how the law has been applied in your case. Think about who you can bring to the hearing to support your case.

At your hearing there will be up to three people, who may include a lawyer, a community representative, a doctor, or someone with a public administration background (usually someone who used to work for Centrelink). The Tribunal will listen to your reasons as to why you think the Centrelink decision is wrong. The hearing takes about 30 to 40 minutes and is very informal. You won't know the result for about three weeks after the hearing.

Unless Centrelink appeals, it must act on the SSAT's decision.

The next level of appeal is the Administrative Appeals Tribunal (AAT). Because the AAT is a more formal tribunal, it is a good idea to get a community lawyer or community worker to assist you in making your appeal. You can also apply for legal aid to help pay the legal costs of your appeal. Unless there is a higher appeal, any decision the AAT makes has to be accepted by Centrelink.