Welfare Rights & Advocacy Service SSAT KitContents1.0 About the SSAT 2
1.1 What is the SSAT 2
1.2 Deciding to Appeal 2
2.0 How to Start an Appeal 4
2.1 How to Lodge an Appeal 4
2.2 When to Appeal 4
2.3 Urgent Appeals—Financial Hardship 4
2.4 Once your appeal has been lodged 5
3.0 Preparation for your Appeal 6
3.1 Gathering Information 6
3.2 New Information 7
3.3 Social Security Law and Other Cases 7
3.4 Preparing your case 8
4.0 At the Hearing 10
4.1 Presenting your case in writing 10
4.2 Presenting your case in person 11
4.3 People and Procedures at the Hearing 12
5.0 The SSAT Decision 13
5.1 When and How the Decision is made 13
5.2 Implementing an SSAT Decision 13
6.0 Further Appeal 14
1.0 About the SSAT
1.1 What is the SSAT?The Social Security Appeals Tribunal (SSAT) is an independent tribunal set up to review decisions made by Centrelink. It is completely independent of Centrelink.
Once the SSAT has reconsidered a decision of Centrelink it can either affirm the decision (agree that the Centrelink decision was right), vary the decision or set the decision aside and replace it with a new decision.
An SSAT hearing is held in a relatively informal setting where you have the opportunity to explain why you think a particular decision is wrong or unfair and explain your position. Centrelink does not have a representative at an SSAT hearing, it is just you and the Tribunal members. However you may take a friend, family member, witness or advocate with you to a hearing.
There are no charges or costs for taking a matter to the SSAT.
Some general information about the SSAT can be obtained from SSAT offices or via the internet site for the SSAT which is located at
www.ssat.gov.au
1.2 Deciding to AppealYou have a right to have any decision taken by Centrelink to be reviewed or appealed Before you can appeal a Centrelink decision at the SSAT you must ask Centrelink to review its decision. The decision will first need to be reviewed by the person who made the decision i.e. the Original Decision Maker (ODM) at your local office. If you are not happy with the ODM’s decision you can ask for a review by an Authorised Review Officer (ARO). An ARO works in a section of Centrelink which is separate form the section where the original decision was made. The ODM or ARO both have the power to affirm or vary the decision or set the decision aside and replace it with a new decision.
If you need a decision reviewed urgently (eg because you have no income) you can ask for those reviews to be processed as soon as possible.
If you are not happy with the decision made by the ARO you can then lodge an appeal at the SSAT.
The diagram on the following page provides an overview of all review and appeal stages which you may use in having a decision of Centrelink reconsidered.
Centrelink Review & Appeal StagesOriginal Decision
Made by a Centrelink Officer
(the Original Decision Maker (ODM)).
Review Stage 1: The ODMUndertaken by the ODM—if you wish to be back-paid, then you need to request this within three months of the original decision.
Review Stage 2: The AROUndertaken by an Authorised Review Officer (ARO—a Centrelink officer in a different office who has not dealt with your matter before). If you wish to be back-paid, you need to request this within three months of the decision from Review Stage 1 or, if this stage didn’t happen, within three months of the original decision.
Appeal Stage 1: The SSATThe Social Security Appeals Tribunal (SSAT) is independent of Centrelink and it can look at your case. To request an appeal call the SSAT or complete and post a green appeal form (included with a letter from the ARO). If you wish to be back-paid, then you need to request an appeal within three months of the date your received your ARO letter.
Appeal Stage 2: The AATLodge an appeal with the Administrative Appeals Tribunal (AAT) - if you wish to be back-paid, then you need to request an appeal within 28 days from the day after you received the SSAT decision.
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2.0 How to Start an Appeal
2.1 How to Lodge an AppealYou can lodge your appeal with the SSAT by telephone, fax or by post.
All SSAT offices can be contacted by post at GPO box 9943 in each Capital City.
To contact the SSAT by telephone check you local White Pages.
The SSAT does have a form you can use to lodge an appeal if you want to. That form is available from your local Centrelink office or by telephoning the SSAT direct. You can lodge the form at your local Centrelink office or send it directly to the SSAT. As with any paper work you lodge with Centrelink, it is always a good idea to keep a copy for your own records.
You will need to identify which decision you are appealing e.g. the decision not to grant a particular payment, or a decision to raise an overpayment against you, or the amount of an overpayment.
You do not have to go into details of why you think the decision is wrong at the time you lodge your appeal. You only need to say that you think the decision is wrong.
The SSAT will provide an interpreter if you need one (either for use of a language other than English or for sign-language for people who are deaf). Interpreters are provided by the Tribunal at no cost to you. If needed, you should ask for an interpreter to be present at the hearing, and state what language the interpreter needs to speak.
2.2 When to AppealYou can appeal a Centrelink decision at any time, but it is usually best to appeal as soon as possible. If you want to be back paid to the date you lodged your application for a Centrelink payment your appeal should be lodged within 3 months of the original decision. If you wait longer than 3 months you may only be back paid to the date you lodged the appeal.
2.3 Urgent Appeals - Financial HardshipIf your appeal is urgent, for example you do not have an income, you can ask the SSAT to hear your appeal urgently. It may help with an urgent appeal if you have some documentation such as a letter from a financial counsellor, social worker or a bank statement.
2.4 Once your Appeal has been lodgedWithin a few days of lodging your appeal you should receive a letter from the registrar of the SSAT acknowledging receipt of your appeal. You will be advised that your Centrelink file will be sent to the SSAT, and that a hearing date will be set after you have received these papers. Centrelink must send your file to the SSAT within 28 days.
Once the SSAT has received your file from Centrelink, it will send you copies of the relevant documents. You will either be asked to call the SSAT in order to set a date and tie for a hearing or you will be advised of the hearing details then. If that date is not convenient for you, or you think you need more time to prepare your case, you can ask for a later hearing date.
3.0 Preparation for your Appeal
3.1 Gathering InformationYou will need to gather information necessary to support your case. That information will include your Centrelink file, relevant sections of which will be provided to you by the SSAT. You should read that file carefully.
If you believe that the parts of your Centrelink file provided by you to Centrelink is incomplete, then call the SSAT and talk about this, they may be able to check and get any other relevant documents to you. Sometimes your local Centrelink office may be able to provide other documents you need over the counter, e.g. where you only want a statement of the payments you have received over a certain period, or copies of certain letters sent to you.
If you want to view most papers from your Centrelink file you can do so by making an application under the Freedom of Information (FOI) Act 1982. The application for information under FOI must be made in writing and sent to your local Centrelink office. You can either write a letter, or use the Centrelink form “I want to access or change documents” which can be obtained at you local Centrelink office. You should specify what information you are looking for, e.g. all documents relating to a particular payment between particular dates.
You may not be able to access all the information you want through the FOI application, e.g. some psychiatric reports or where there may be information about other people.
Under an FOI application Centrelink must supply or let you see the papers you have asked for within 30 days of receiving your request. If you are refused access to the documents and think that decision is wrong you can appeal that decision.
Obtaining copies of documents from your own file under FOI is free of charge.
3.2 New InformationYou may have, or need to obtain, new information to take to the SSAT which is not in your Centrelink file e.g. doctors reports, letters from a financial counsellor, welfare or social worker, copies of bank statements, details and proof of income, assets, savings or expenditure etc.. Such documents might also include letters from neighbours, family members, friends or co-workers which are relevant to your situation.
If you secure new documents it is a good idea to provide these to the SSAT before your hearing if possible. Remember to keep a copy of any such documents for your own records.
3.3 Social Security Law and Other CasesYou may need to access information about the legislation that determines how Centrelink payments should be made and in what circumstances Centrelink has discretion in making decisions. The letter sent to you by an Authorised Review Officer (ARO) at the earlier stage should include references to the relevant sections of Social Security Law and this will be a good staring point.
You can access the legislation through the Department of Family and Community Services on the internet at
www.facs.gov.auOther law websites that may be useful include:
www.scaleplus.law.gov.auwww.austlii.edu.auCentrelink staff use a manual called “The Guide” which contains instructions on the policies and procedures they should use to make decisions. You can ask your local Centrelink office to give you copies of the relevant parts of the “The Guide” which were used to make a decision in your case, or you can access “The Guide” on the internet at
www.facs.gov.auYou can also obtain material about other cases similar to your own case from Libraries, Universities or your local Welfare Rights service (see local White Pages for contacts).
There are some helpful books available which may help you with your appeal to the SSAT, these include:
“The Independent Social Security Handbook: A Practical Guide for Advisers (Third Edition) (1999)" edited by Michael Raper published by the Welfare Rights Centre, Sydney available from P.O. Box A236, Sydney South NSW 2000; Ph: (02) 9267 5077.
"“Annotations to the Social Security Act 1991 (Fourth Edition)” by Peter Sutherland will give you a commentary on each section of Social Security Law and mention significant cases that may be similar to your own situation. See your local Welfare Rights service or library for this book.
“The Social Security Reporter" is published with each edition of the "Legal Service Bulletin" and should be available at the State library or your local Welfare Rights service.
The Law Handbook (WA) (Fourth Edition)” edited by Margaret Jordan, 1998. Sussex Street Community Law Service, 29 Sussex St, East Victoria Park WA 6101; Ph: (08) 9470 2676.
Cases that have been to the Administrative Appeals Tribunal (the Tribunal above the SSAT) can be helpful. Check you local White Pages as each Capital City office of the AAT has a library which you can use to search for cases. You can also check out the AAT web site at
www.aat.gov.au
3.4 Preparing Your CaseOnce you have the documents from your Centrelink file, any other documents you have collected and notes from other similar cases or sections of the Social Security law, you should read them carefully and check that you have all the information you need.
As you make your own notes from this material you are trying to show the SSAT how Centrelink has made a wrong or unfair decision.
Check that the statements made in Centrelink letters, documents and file notes are correct. See if anything has been said about you or your circumstances which is not true or is misleading. You will need to bring those matters to the Tribunal’s attention.
List any facts that may support your case.Compare the information in your file with any new information you have e.g. doctor's assessments and reports or proof of income or value of property etc.. Make note of any inconsistencies.
Look at the sections of Social Security Law Centrelink has used to make its decision and work out whether the right sections of the Act/s were used and if they were used correctly. The letters containing the ODM and ARO decision should tell you which sections of the act were used. If you are unsure about which sections of the Law were used, ring Centrelink and ask for more information. There may be other sections of the Social Security Law that you can use to support your case.
Look at any previous cases which are similar to yours and that might support your case. AAT or Federal Court decisions are the best to use.
You may want to ask someone else to be a witness and make a statement. A witness may be present at the hearing or be contacted by telephone during the hearing. If you want to use telephone conferencing at the hearing you should tell the SSAT before the hearing date.
If a doctor, community or social worker, friend, family member neighbour or co-worker can provide help, but cannot attend the Tribunal hearing as a witness, then ask them to write and sign a letter and provide that to the SSAT. Ask such people if they can also provide work and/or home telephone numbers so that if the SSAT wants to talk with them before making a decision they can do so.
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4.0 At the Hearing
4.1 Presenting your Case in writing
Make notes for your own use to prompt your memory during the hearing. It can be useful to prepare these as ‘a story’ e.g. give a bit of background about yourself (such as unemployment, disability etc.), talk about how the problem or issue with Centrelink came up and how you and/or Centrelink responded and then describe your situation at the time of the SSAT hearing.
Be honest in presenting your case. The notes which Tribunal members make during your hearing can be used as evidence elsewhere (e.g. in Family Law Court, for taxation matters). Also if you are found to have been untruthful then this may adversely effect your case.
You can give the SSAT a written summary of the reasons why you consider Centrelink has made the wrong decision. If writing a summary to present to the SSAT you should include:
• details of the decision you are appealing against;
• relevant personal details about yourself e.g. background, family situation, employment, health problems, etc.;
• the facts of the case;
• reasons why you think Centrelink incorrectly used or interpreted the law or policy;
• reasons why you think Centrelink unfairly used its powers of discretion (if relevant);
• names of any previous decisions which support and are similar to your case;
• what decision you think should have been made by Centrelink;
• how Centrelink’s decision has affected your and/or your family e.g. caused financial hardship, stress, etc..
You can give your written summary to the SSAT before attending the hearing or present it on the day of the hearing. If possible it helps to provide it in writing to the SSAT before the hearing. If you are going to add any new documents not included in the parts of the Centrelink files which the SSAT had sent you, then include copies of these with your summary if possible.
If you send a summary or any new documents to the SSAT then make sure you include your case Reference Number (which will appear in the top left hand corner of letters from the SSAT). This ensures that your summary and additional documents are filed correctly and get to the members of the Tribunal who will be hearing your case.
4.2 Presenting Your Case in PersonSSAT hearings are usually held in the SSAT offices in your capital city unless another venue or a telephone conference hearing has been arranged. A telephone conference may be arranged in some circumstances where it is difficult for you to get to the SSAT office, e.g. for medical reasons, you live in a remote area or are in prison.
You can take a friend or relation for moral support. You may also have a witness who is going to support your case go with you.
You should always try to attend the SSAT hearing in person if at all possible. If something happens that prevents you from attending the hearing, let the SSAT know as soon as possible, otherwise your case may be dismissed. If you call to let the SSAT know that you cannot attend the hearing you may be asked if you want to go ahead by being included via telephone. If you have prepared your case and you are able to do so then you may want to join in this way. However, if you are not ready or are not comfortable doing so by telephone, ask for another hearing date to be set when you can attend in person.
The following is a check list a things you might like to have ready for the hearing:
• Any notes you have prepared;
• Written summary (if you have one) of notes you have prepared;
• Any new documents or information you want to present;
• Any of your Centrelink file papers you want to refer to;
• A copy of the relevant parts of Social Security Law and/or Centrelink Guide;
• The names or copies of previous decisions which support your case;
• Any books you want to refer to.
4.3 People and Procedures at an SSAT HearingThere will usually be three (3) members of the Tribunal at an SSAT hearing. However, in some cases there are only two members. When three members are present these usually include:
• an executive member;
• a lawyer (often the ‘Presiding Member’ who is the senior Tribunal member);
• a community member (usually a social or welfare worker).
A doctor may be on a Tribunal where there are medical issues relating to the case.
One of the members will be the "presiding member" who will be in charge of the hearing.
The presiding member will introduce all the members to you and explain the role of the Tribunal and your rights to further appeal.
The presiding member will ask you to comment on Centrelink's decision and ask you to talk about why you think the decision was wrong.
The members of the Tribunal will ask you questions.
You may also want to argue the law of the case and talk about other similar cases that support your case.
The Presiding and other members will then ask questions of or listen to statements of your witnesses, if you have any.
In some cases the members may need to seek further information eg medical reports etc. - you will be advised if this is the case. Sometimes when the tribunal wants to talk to other people or seek other documents then the hearing may be formally ‘adjourned’, which means that the SSAT will not make a decision until this has been done.
5.0 The SSAT Decision
5.1 When and How a Decision is MadeThe SSAT will not usually give their decision on the day of the hearing.
The SSAT must provide you and Centrelink with a written decision within 14 days of the hearing and give reasons for the decision. However, if the SSAT has adjourned your matter in order to collect more evidence then a decision may take longer and you will be told that this is the case.
The decision of the SSAT will either:
• Affirm the decision made by Centrelink (which means they do not change Centrelink's decision);
• Vary the decision (change part of Centrelink's decision);
• Set aside Centrelink’s decision and replace it with a new decision.
5.2 Implementing an SSAT DecisionOnce you and Centrelink have been given the decision it should come into effect straight way. However, Centrelink may appeal an SSAT decision if it varies an earlier decision or makes a new decision in your favour. In the 28 days Centrelink is able to make a decision about a further appeal or not the SSAT decision may not be implemented. If you have no income then you should talk to the Centrelink Advocacy and Administrative Law Section of you State/Territory Centrelink and explain that this is the case and ask then to decide quickly or to ask you local Centrelink office to make payments until they decide about an appeal.
6.0 Further AppealYou or Centrelink may appeal a decision of the SSAT to the Administrative Appeals Tribunal (AAT) if either of you are not happy with the decision.
An appeal to the AAT must be lodged within 28 days of receiving the SSAT decision. The 28 days start from the day after you actually get the written decision from the SSAT (even if the letter from the SSAT is dated earlier). An application form for an AAT appeal will be included with the letter and decision from the SSAT. You can also get this form by calling your Capital city AAT office (see local White Pages).
You can apply for an “extension of time” appeal to the AAT after the 28 days, but this may not be granted. The AAT will make a decision about whether or not to accept an application for an “extension of time”. At the same time your apply for an AAT appeal, if you are out of time, then also apply for the extension of time in writing. The extension of time should also give reasons why you were late and might usefully include medical reports or other documents to explain why you are late.
At the same time you lodge an appeal to the AAT you can also ask the AAT for a "stay order" to stop the SSAT decision taking effect until after the matter has been reviewed by the AAT. You might do this if the outcome of the SSAT decision is that you have no income. Again you should provide some documentation to support you claim to get some money.
If you are going to appeal an SSAT decision it is a good idea to talk to you local Welfare Rights service (see local white pages). That service will also have a copy of a similar kit to this one about how to prepare a case for the AAT. That kit can also be downloaded from the internet at
www.wraswa.org.au