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At the Hearing

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Informal Hearings

Representatives

Confidentiality

Interpreters

If you can't attend the hearing

 

At the start of a hearing the SSAT member(s) will explain the hearing process and will then usually ask questions about the matter. You can tell the member(s) why you think the Centrelink decision is wrong. Centrelink review hearings usually last up to an hour. Complex matters can be listed for a longer period of time.

 

Informal Hearings

The hearing is much less formal than a court: it is more like a structured discussion between the applicant and SSAT member(s). Applicants and other parties to a review are encouraged to provide information regarding their situation. Often, it is this additional information that assists the SSAT in making a decision. It is a good idea for applicants and other parties to keep a copy of the documentary information they provide to the SSAT.

 

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Representatives

Usually people lodging an application for an SSAT review attend hearings without anyone representing them. A person attending a hearing may wish to be represented (at their own expense) by a legal representative, advocate or welfare worker.

 

Some agencies such as Welfare Rights organisations do not charge a fee for representation.

 

In most instances applicants will still need to personally participate in the hearing, as a representative may make submissions but would not normally be expected to be able to give evidence on your behalf. Please see Help with my application for a list of organisations that may be able to help with your case.

 

In Centrelink cases, applicants may bring a friend or family member to the hearing for support.

 

Centrelink puts its case to the SSAT in paper documents. Before the hearing, the SSAT sends a copy of these Centrelink papers to the person applying for the review. The law has recently been changed to allow Centrelink to make oral submissions to the Tribunal in certain circumstances - this is expected to be rare and usually done by telephone.

 

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Confidentiality

If information given at a hearing is relevant to the review, that information may be included in the Tribunal's written decision (which includes reference to relevant information and reasons for the decision). The written decisions are sent to parties to the review, including Centrelink. Consequently you should be aware that information given at a hearing may be made known to Centrelink. However members and staff of the SSAT are strictly bound by confidentiality provisions and cannot tell unauthorised people about your matter.

 

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Interpreters

If you need an interpreter you should let your Case Manager know as soon as possible. If you are not a fluent English speaker the SSAT can arrange for an interpreter to attend the hearing at no cost to you. You cannot have a family member or friend interpret for you. Some of the language used relates to social security law which is complex. Interpreting is a specialist skill and therefore qualified interpreters are used by the SSAT. Although the family member or friend cannot act as an interpreter, they can attend the hearing as a support person if you wish.

 

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If you can't attend the hearing

If you cannot attend the hearing for any significant reason you should contact your Case Manager as soon as possible. It is very important to understand that if you do not attend the hearing at the scheduled time the Tribunal may proceed to deal with the application in your absence.

 

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