Definitions
The list below, shown alphabetically, contains terms that are commonly used throughout the appeal process.
Added party
Where the interests of a person who is not a party to a review are affected by a decision (ie. someone other than the person who has lodged the appeal), that person can apply to be added as a party to the review. The types of appeals that may require the adding of another person as a party (an ‘added party’) to the appeal may include shared care of children, marriage-like or de facto relationships and issues surrounding trusts and companies.
Adjournment
To suspend/postpone a hearing: where necessary, the SSAT may adjourn a matter until a later date, to give a party time to provide further information, or to allow the SSAT to obtain further information or research the law. Parties are told if a hearing is adjourned.
Affirm (a decision)
To confirm the original decision under review: this means that the Centrelink/CSA decision is not changed.
Applicant
A person who has lodged an appeal with the SSAT.
Case Manager
At the SSAT, Case Managers are responsible for managing all administrative aspects of each appeal within their caseload, from registration to finalisation.
Decision
The determination (result) of an appeal.
Dismissal of appeal
In certain circumstances, the SSAT may dismiss a Centrelink appeal without reviewing the decision. This may occur if the SSAT is satisfied that a person does not intend to proceed according to section 172 of the Administration Act.
In Child Support matters the appeal may be dismissed for a number of reasons set out in section 100 of the Child Support (Registration and Collection) Act.
Hearing on the papers
In some circumstances, applicants may present their cases by written submissions. The hearing is then conducted ‘on the papers’ and a decision made on the written evidence presented to the SSAT. The SSAT must be satisfied that the review can be fairly determined on the basis of written submissions.
Jurisdiction
The power or authority of the SSAT: in Centrelink matters the SSAT‘s jurisdiction is derived from the Social Security (Administration) Act 1999, the A New Tax System (Family Assistance) Act 1999, the Student Assistance Act 1973 and the Employment Services Act 1994. In Child Support matters the SSAT's jurisdiction is derived from the Child Support (Registration and Collection) Act 1988.
Member
Hearings of the SSAT are conducted by members who have been appointed on the basis of their specialist knowledge, communication skills and their understanding of the principles of administrative review.
Office
The local office of the SSAT. The SSAT has an office in each Australian State/Territory capital city.
Party
In Centrelink matters, a party is any person who lodges an appeal or is added to the appeal, or Centrelink. In Child Support matters a party is any person who lodges an appeal, is added to the appeal, the Child Support Registrar or the other person who is involved in the CSA Objection decision.
Presiding Member
Each hearing is chaired by a presiding member, who is responsible for the proper conduct of the hearing and the effective determination of cases.
Set aside (a decision)
To replace the original decision with either a new decision or by sending the matter back to Centrelink or the CSA for reconsideration in line with any directions or recommendations for action.
Submission
The information – written or verbal – provided to the SSAT to support an appeal.
Telephone hearing
Where appropriate, hearings can be conducted with the members and parties discussing the case over the telephone.
Tribunal
The Social Security Appeals Tribunal.
Vary (a decision)
To change the original decision to some degree (which may be to the applicant’s full or partial advantage, or disadvantage).
Video-conference hearing
Where appropriate, hearings can be conducted by video-conference. The SSAT makes the arrangements for the applicant to attend a video-conference facility in a suitable location, which links with the members at their local SSAT office.
Withdrawal of appeal
An applicant can withdraw (retract) an appeal at any time during the appeal process.