Working at the SSAT: General Information

Members
Staff

See also:
Current Vacancies
Structure and Operations

Members

Hearings of the SSAT are conducted by both full and part-time members. Members are appointed by the Governor-General for a period of up to three years on the basis of their specialist knowledge, communication skills, knowledge of the social security system or the child support scheme and their understanding of, and commitment to, the principles of administrative review.

For each hearing, the relevant Director convenes a panel of SSAT members, one of whom is appointed as the presiding member. Most hearing panels now consist of two members (the size and composition of the panel is usually determined by the nature and complexity of the application). The legislation permits a maximum panel size of four.

The presiding member, drawn from any category of membership, is responsible for the proper conduct of the hearing and the effective determination of cases. This includes ensuring that the hearing is fair and thorough; runs smoothly; that pre-hearing discussions and the decision-making process are effective; and that the decision is written and sent to the parties within 14 days of the decision being made.

As a merits review Tribunal, the SSAT is inquisitorial in its approach. Each Tribunal panel takes a fresh look at the matter, including the consideration of events which might have occurred since the original decision was made. The Tribunal’s findings are usually based on information contained in the Centrelink file (or the Child Support Agency files from 1 January 2007) and the evidence presented by the applicant or representative at the hearing. In addition to considering all evidence presented, the Tribunal can initiate its own inquiries.

Tribunal panels reach their decisions independently. They are not subject to direction from either the Executive Director or the Directors to come to a decision in any particular case. The Executive Director, after consultations with the Directors, occasionally issues guidance to members on approaches to interpreting the legislation, but, again, that guidance is not determinative.

Membership of the Tribunal
Subject to directions of the Executive Director, Director or other delegate of the Executive Director, each member is individually responsible for the performance of their role in deciding individual cases. Members are responsible to their Director in all other matters.

They make the following commitments:
§ To sit not less than three times per week for full-time members and not less than once per week for part-time members. (Sittings of the Tribunal are subject to the level of appeals and no minimum level of sittings is guaranteed to part-time members. It is possible that from time to time a member may not be required to sit);
§ To come to Tribunal sessions having fully prepared the cases;
§ To attend the SSAT office during business hours on standard working days (full-time members);
§ To arrive a minimum of 15 minutes before the first hearing appointment time to enable preliminary panel discussion (part-time members);
§ To sit as Presiding Member or a Member as assigned by the Director;
§ To write decisions as directed by the Presiding Member and within the time limits prescribed;
§ To produce the draft decision within seven days so that the 14 day statutory notification requirement for written reasons can be met;
§ To attend members' meetings as required;
§ To follow lawful directions of the Executive Director, Director or Presiding Member; and
§ To bring to the attention of the Director any perceived anomalies in the legislation.

By way of guidance, an average session involves:
(a) Receiving papers for three cases approximately seven days in advance of the hearings. Preparation for cases is the responsibility of the member.
(b) Attending the SSAT office for a morning or an afternoon to conduct three hearings. Some hearings can run over time.
OR
Attending at a country centre possibly for more than a full day (may require an overnight stay).
(c) Writing one or two decisions and statement of reasons.

All members are required to fully participate in analysing the issues requiring determination, in the hearing process and in making all findings necessary to reach a decision.

Members are appointed to the Tribunal with a variety of pre-existing expertise, which they should be able to contribute while acquiring as much as possible of the expertise of other members.

General Conditions
In summary any person, irrespective of their discipline, can seek therefore to be considered for full-time or part-time appointment.

Employment Terms and Conditions
Members of the SSAT are appointed as either full-time holders of public office or part-time holders of public office.

The terms and conditions of employment for members are largely established in Schedule 3 of the Social Security (Administration) Act 1999. The Act empowers the Governor-General, the Minister and the Executive Director of the SSAT to prescribe particular terms and conditions for SSAT members.

The Remuneration Tribunal is responsible for determining members’ remuneration packages and recreation leave entitlements.

The SSAT provides members with regular training and development to address legislative, policy and organisational issues that arise throughout the year. The SSAT’s Legal Services Unit has a specific role in identifying and responding to training needs that arise out of legislative and policy developments. It prepares a range of information products for members and regularly presents material at members’ meetings.

Part-Time Membership
Part-time membership is on a sessional basis and no minimum level of work is guaranteed. Part-time members are paid a sessional sitting fee, which includes preparation work, sitting time and delivery of written reasons as directed by the presiding member.

Part-time members do not have entitlements to sick and recreation leave but are eligible for superannuation and are covered under the Commonwealth Employees' Rehabilitation and Compensation Act 1988 and the Occupational Health and Safety (Commonwealth Employment) Act 1991.

Private Interests
When making appointments to positions on the SSAT the Minister is required by Cabinet to ensure that there are no private interests which may conflict, or may be seen to conflict, with the appointee's role as a member of the Tribunal.

Applicants for appointment who are asked to attend a selection interview will be required to complete forms relating to private interests. If their application is successful the forms will be forwarded to the Minister; if not they will be shredded or, if preferred by the applicant, returned unopened.

Other background checks may be made.

Other Matters
Disclosure of Confidential Information - a member must not make a record of any information received by the Tribunal or communicate that information other than for the purposes of the performance of their duties.

Protection - in the performance of their duties as a member of the Tribunal, a member has the same protection and immunity as a member of the Administrative Appeals Tribunal.

Disclosure of Interests - a member must disclose any interest that could conflict with the proper performance of their functions in relation to a review.

Oath - a member must take an oath or make an affirmation before commencing their duties as a member.

Removal from Office - a member may be removed from office on the grounds of proved misbehaviour or physical or mental incapacity.

Resignation - a member may resign office by writing a letter to the Minister which is signed by the member. A copy of such a letter should also be provided to the member’s Director and/or the Executive Director.

Appointment Process
Advertising of Positions
There is no fixed number of members – either full-time or part-time appointment action is undertaken from time to time as members are required in a particular discipline in a given SSAT office. Advertisements inviting applications for part-time membership of the Tribunal are usually placed in the press and occasionally in appropriate professional journals.

Applications and Interviews
Applications must address each of the selection criteria (but need not address every individual point) relevant to the membership type (full-time, part-time, part-time medical member). Recommendations for appointments will be made in relation to the applicants who best meet these criteria. A short list of those who seem most likely to be suitable for appointment is prepared and interviews offered to them.

Persons who are appointed as statutory office holders such as membership of the SSAT are required to complete a ‘Return of Private Interest’ form and sign a letter declaring that they have no pecuniary or personal interests that could give rise to a conflict of interest. These documents are sent to applicants shortlisted for interview, for completion and signature. They are then brought to the interview.

The interview panel usually consists of the Director of the office in which the appointments are to be made and two other panel members.

Positions to the SSAT are statutory positions, with members appointed by the Governor-General under Schedule 3 of the Social Security (Administration) Act 1999.

Where a State or Territory public servant wishes to be considered for appointment as an SSAT member, the relevant Premier or State or Territory Minister will be consulted to obtain agreement. Applicants short-listed for interview will be required to provide evidence of in-principle agreement with their application for appointment from the relevant Premier or State or Territory Minister.

Officers of the Australian Public Service taking up appointment to the SSAT are required to either resign from the APS or apply for leave without pay for the period of their appointment.

Because these are statutory appointments by the Governor-General, we are unable to provide applicants for membership with an answer regarding applications until the whole appointment process has been completed. This process can take some months from when the applications are received by the SSAT.

Please note that those applicants who are considered suitable for appointment as a member of the Social Security Appeals Tribunal will be required to undergo a police check by the Australian Federal Police and a bankruptcy check by the Insolvency and Trustee Service Australia or other checks if necessary.

Form of Application
Details on the requirements of applications are given in the SSAT’s Information Kit for Prospective Members, which is available on this website when the SSAT is advertising for members.

Applications consist of:
§ An Application Cover Sheet (this must be fully completed, even though it will duplicate information contained in a curriculum vitae and application)
§ Membership Nomination Form
§ Curriculum Vitae
§ Application (which must address the selection criteria)
§ Referees

Acknowledgment
The SSAT will provide an acknowledgment letter to notify that an application has been received. Emailed applications will be sent an acknowledgment letter via email and postal applications will be provided with a postal letter.

Privacy
SSAT has in place privacy safeguards, which acknowledge and respect the rights of applicants. The information provided in job applications are only used in the selection process.


Staff

All staff in the local SSAT offices and National Office are public servants employed under the Public Service Act 1999. Its employment policies are in line with the Australian Public Service (APS) Values and Code of Conduct.

SSAT staff are subject to a Certified Agreement which sets out conditions of employment, including rates of pay. It also makes provision for individual performance agreements, which are linked to specific performance goals and organisational objectives.

The SSAT is committed to properly equipping its staff to fulfil their duties efficiently and effectively. It also endeavours to provide consistency of training between SSAT offices.

Workplace Diversity
The SSAT strives to achieve a workplace culture that is fair, values diversity and is inclusive: treating people with respect, giving them the opportunity to fully participate in the workplace and allowing them higher levels of autonomy in performing their work. Through its commitment to promoting and supporting diversity in the workplace, the Tribunal aims to achieve a workforce that is reflective of Australian society.

Recruitment
Many of the APS Values directly or indirectly impact on the way in which APS employment processes are conducted. These values also acknowledge that the APS is a career-based service and requires a fair system of review of decisions taken in respect of APS employees.

Recruitment in the SSAT is co-ordinated by the National Office, with administrative support from the Recruitment Section of the Department of Family and Community Services.

All restaffing within the SSAT is merit-based. Vacant on-going positions within the SSAT are restaffed using a competitive process to determine the best person for the job based on application, interview performance and referee comments.

Citizenship Requirements
The Public Service Act requires that the SSAT does not employ a person that is not an Australian Citizen unless the Agency Head considers it appropriate to do so. It is SSAT policy not to employ people that are not Australian citizens.

Making Decisions Based On Merit
One of the APS Values states that ‘the APS is a public service in which employment decisions are based on merit’. In this context, a decision in relation to engagement or promotion is based on merit if:
§ An assessment is made of the relative suitability of the candidates for the duties, using a competitive selection process;
§ The assessment is based on the relationship between the candidates' work-related qualities and the work-related qualities genuinely required for the duties;
§ The assessment focuses on the relative capacity of the candidates to achieve outcomes related to the duties; and
§ The assessment is the primary consideration in making the decision.

Selection Procedures
The procedures used by a Selection Advisory Committee will meet the following minimum requirements:
§ the procedures must have due regard to procedural fairness;
§ the functions of the Selection Advisory Committee must be carried out in private; and
§ the functions of the Selection Advisory Committee must be finished as quickly, and with as little formality, as a proper consideration of the matter allows.

A Selection Advisory Committee will assess the relative merits of candidates on the basis of:
§ the relative suitability of the candidates for the duties;
§ the relationship between the candidates’ work-related qualities and the work-related qualities genuinely required for the duties; and
§ the relative capacity of the candidates to achieve the outcomes related to the duties.

The Selection Advisory Committee report makes an assessment of candidates on the basis of the above and makes a recommendation, primarily on the basis of the assessment, to the delegate as to the candidate the Selection Advisory Committee considers to be the most suitable to undertake the duties.

If the Selection Advisory Committee considers that none of the candidates are suitable to undertake the duties, they must make a recommendation to the delegate to that effect.

Decisions
All applicants will be advised in writing of the outcome of the selection process. Details of the successful candidate will be notified in the Commonwealth Gazette.

If the decision involves the promotion of an APS employee, other APS employees who were applicants for the position may appeal the promotion decision. Appeals must be submitted to the Merit Protection Commissioner within 14 days after the promotion has been notified in the Commonwealth Gazette.

Applications
It is recommended that applicants make their decision to apply for an SSAT position as soon as possible to allow adequate time to prepare the required documentation, as detailed in each position’s ‘Information Pack’.

Applicants who do not meet all the selection criteria should carefully consider whether they should proceed with their application.

Interviews
Applicants invited for an interview will be advised of an appointment, with at least 48 hours’ notice. Under certain circumstances, the Selection Advisory Committee may determine that it is appropriate to conduct a telephone interview.

It is suggested that applicants bring relevant supporting documentation to the interview, such as copies of qualifications, examples of written work and other documentation that may support their claims. Applicants are asked not to provide original documentation to the Selection Advisory Committee.

Post-Selection Feedback
Applicants may request post-selection feedback from the Selection Advisory Committee. This feedback will focus on comments about the application and interview performance, if relevant.

Applicants With Special Needs
The Selection Advisory Committee will endeavour to cater for applicants with special needs, to ensure that all applications are considered on merit. Applicants with particular requirements are requested to notify the SSAT Human Resources Officer.

Privacy
The SSAT has in place privacy safeguards, which acknowledge and respect the rights of applicants. The information provided in job applications is used only for the selection process.