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1 If you think Centrelink has made the wrong decision, you have the right to appeal. Appealing means asking Centrelink to look at a decision again. If you win your appeal, Centrelink must change the decision. Appealing is free. Social security law is very complex and Centrelink staff can make the wrong decision. You have the right to appeal any Centrelink decision, which means Centrelink must consider your appeal even if it thinks you cannot win. HOW TO APPEAL If you think a Centrelink decision is wrong you should appeal immediately. If the decision is about your rate of payment you must appeal within 13 weeks to Centrelink and Level 1 of the Administrative Appeals Tribunal to receive maximum back pay if the appeal is successful. There is no time limit to appeal debts. There are several levels of appeal. You must go to each level, before you can appeal to the next level. APPEALING TO AN AUTHORISED REVIEW OFFICER The first level of appeal is to an Authorised Review Officer (ARO) a senior Centrelink officer who has experience reviewing Centrelink decisions and the power to change them. You should ask to appeal to a Centrelink authorised review officer, although you do not have to use any special words when appealing, as long as it is clear that you disagree with the decision. Many people have the decision they are appealing changed by an ARO, often because they give the ARO more information and evidence about their situation. You can appeal by phone and, if you do this, you should keep a record of the date and time and ask the Centrelink call centre officer for a receipt number so you can prove when you appealed. You can also appeal in writing and there is a form you can use to do this at the end of this factsheet. When you appeal, Centrelink will first refer your case to another Centrelink officer called a subject matter expert (SME). The SME must either make a decision completely in your favour or pass your case on to an ARO. Sometimes the SME will call you to ask if you have more evidence or talk about the decision with you. It is important to remember that if the SME is not going to make a fully favourable decision and you still do not think the Centrelink decision is correct, you are entitled to have your appeal looked at by an ARO. You should make this clear to the SME. The person making the decision will probably call you in a few weeks time. If you want to give Centrelink more evidence, you can take it to a Centrelink office and ask them to take a copy for the ARO, or you can wait until the ARO calls you and then ask them where to send your evidence so they can look at it. If you have no income and your appeal is about being paid a Centrelink payment, you should ask for your appeal to be dealt with urgently, which should mean you hear from the ARO in 7 to 10 days. You can appeal to an ARO at any time however you must appeal within 13 weeks of the decision being made to get maximum back pay if your appeal is successful, if the decision relates to whether you can receive a payment or the rate of payment you are entitled to. If you appeal outside of this time you will only receive back pay from the date you put in your appeal to the ARO, so it can still be worth appealing in some cases. There is no time limit to appeal debts.

2 WHAT IF I DON T THINK THE ARO DECISION IS CORRECT? If you do not agree with the decision the ARO has made you have the right to appeal further to Administrative Appeals Tribunal Social Services and Child Support Division ( AAT Level 1 ) Appealing to AAT Level 1 is free. The AAT is independent from Centrelink and can only hear cases that have been reviewed by an ARO. Level 1 of the AAT is fairly informal and will hold a hearing, usually with just one Tribunal member, where you can talk about the case and answer any questions they have. You can present new evidence at this hearing, it does not matter if you did not give it to Centrelink. This can be very important, as new evidence is the most common reason why appeals to the AAT are successful. Level 1 of the AAT will send you a written acknowledgment of your appeal and set a date for you to attend the hearing. Hearings can be done by phone, but it is generally better to go in person if possible. Centrelink will not be at the hearing, instead it will provide a copy of papers from your Centrelink file which will be given to the Tribunal member and sent to you about two weeks before the hearing. Although it is informal, it can be stressful to go to a hearing, and you can bring a support person such as a friend or family member. You can appeal at any time but you must appeal to Level 1 of the AAT within 13 weeks of the ARO decision to receive maximum back pay if you are successful and the decision relates to whether you can receive a payment or the rate of payment you are entitled to. If you appeal outside of this time you will only receive back pay from the date you put in your appeal. There is no time limit to appeal debts. WHAT IF I THINK THE LEVEL 1 AAT DECISION IS WRONG? You have the right to appeal a Level 1 AAT decision the General Division of the AAT ( Level 2 ). Appealing to Level 2 of the AAT is free. Centrelink also has the right to appeal against a Level 1 AAT decision to Level 2 of the AAT. You must lodge your appeal to Level 2 of the AAT in writing within 28 days of getting the Level 1 AAT decision. The 28 day time limit applies to all decisions of Level 1 of the AAT, including decisions about debts. In limited circumstances Level 2 of the AAT may give you an extension of time to put in your appeal. Level 2 of the AAT is a more formal legal process and it takes a longer time to get to the hearing date. Before the Level 2 AAT hearing there will be at least one meeting about your case between you, Centrelink s representative and a conference registrar, who works at Level 2 of the AAT (but is not a Tribunal member who decides your case). You may be able to come to an agreement with Centrelink about your case ( settle it) and this may be the best way to resolve your matter. As settlement is final, it is a good idea to get advice about settling from your local welfare rights service (contact details are at WHAT IF I THINK THE AAT DECISION IS WRONG? You can appeal a Level 2 AAT decision to the Federal Court but only on a question of law, not because you think Level 2 of the AAT got the facts of your case wrong. You should not appeal to the Federal Court without seeking legal advice about the chance of success and the possible cost of the appeal. Appeals to a court can be very expensive, as the losing party usually pays the legal costs of the other side, which can be thousands of dollars.

3 You must appeal to the Federal Court within 28 days of getting the Level 2 AAT decision. In limited circumstances the Federal Court may give you an extension of time to put in your appeal. CAN I GET MY CENTRELINK PAYMENT WHILE I APPEAL? If you appeal against the cancellation or reduction of your payment Centrelink may agree to continue your payment at the previous rate until the review is finalised. This is called payment pending review. You should ask for this when you request an appeal to an authorised review officer. Payment pending review is not available in all cases, and only where you will be in financial hardship if it is not granted. If you are appealing an eight week no payment period Centrelink must automatically continue your payment while reviewing the decision. CHAIN OF APPEAL AND TIME LIMITS Original Decision Maker (within Centrelink) Authorised Review Officer (within Centrelink) Administrative Appeals Tribunal - Social Services and Child Support Division Administrative Appeals Tribunal - General Division A person should appeal an original decision to an Authorised Review Officer (ARO) within 13 weeks of receiving the original decision (except for debt appeals which have no time limit). A person should appeal an ARO decision to Level 1 Administrative Appeals Tribunal (AAT) within 13 weeks of receiving the ARO decision in writing (except for debt appeals which have no time limit). A person must appeal a Level 1 AAT decision to Level 2 of the AAT within 28 days of receiving the Level 1 AAT decision. This applies to all decisions. A person must appeal a Level 2 AAT decision to the Federal Court within 28 days of receiving the Level 2 AAT decision. This applies to all decisions. Get legal advice before appealing to the Federal Court. APPEALING A FAMILY ASSISTANCE PAYMENT DECISION Different rules generally apply for appeals to the ARO and Level 1 of the AAT about family assistance payments such as Family Tax Benefit, Child Care Benefit, Baby Bonus and Maternity Immunisation Allowance. If you are appealing to an ARO about a family assistance decision you should do so within 12 months of the decision. This will ensure your appeal can be accepted and you can be paid maximum back pay. Appealing is not the same as making a claim for a past period when you did not receive family tax benefit. Claims for a past period must be lodged within 12 months of the relevant financial year. An appeal to Level 1 of the AAT about a family assistance payment decision should generally be lodged within 13 weeks

4 of the date you were notified of the ARO s decision. Level 1 of the AAT may accept an appeal outside of the 13 week time limit if it accepts there are special circumstances to do so. The rules about back payments and appeals for family assistance payments are complicated, and may overlap with issues for a person s social security payments. This means that it is generally advisable to appeal to Level 1 of the AAT as soon as possible. If you are appealing to an ARO or to Level 1 of the AAT about a family assistance payment debt only, no time limits apply. WHERE CAN I GET HELP WITH MY APPEAL? If you have any questions about making an appeal you should contact your local Welfare Rights Centre (contact details at ). THIS FACTSHEET CONTAINS GENERAL INFORMATION ONLY. IT DOES NOT CONSTITUTE LEGAL ADVICE. IF YOU NEED LEGAL ADVICE PLEASE CONTACT YOUR LOCAL WELFARE RIGHTS CENTRE. YOU CAN FIND YOUR LOCAL WELFARE RIGHTS CENTRE AT WELFARE RIGHTS CENTRES ARE COMMUNITY LEGAL CENTRES, WHICH SPECIALISE IN SOCIAL SECURITY LAW, ADMINISTRATION AND POLICY. THEY ARE INDEPENDENT OF CENTRELINK. ALL ASSISTANCE IS FREE. THIS FACTSHEET WAS UPDATED IN OCTOBER

5 Date: I want to appeal to an Authorised Review Officer I am writing to request a review by an Authorised Review Officer. The decision I am appealing against and my reasons for appealing are set out below. Yours sincerely, My details My name: Centrelink customer number: Date of birth: Phone number: I am appealing against the following decision: The decision was made on the following date (if known): I feel that the decision is wrong for the following reasons:

6 I think Centrelink has made an error (if applicable): I think the Authorised Review Officer should take the special circumstances of my case into account. These special circumstances are: I think the following evidence supports my request for a review: