Frequently Asked Questions
The SSAT reviews decisions made by Centrelink and the Child Support Agency (CSA). There are different procedures and options for appealing to the SSAT depending upon whether you are appealing a Centrelink or CSA decision. The following questions reflect the most common queries regarding SSAT procedures for both Centrelink and CSA appeals.
Who can appeal to the SSAT?
Anyone affected by a decision of Centrelink or the Child Support Agency, who disagrees with the decision, can appeal to the SSAT. Appeals relate to decisions that affect people’s pensions, child support payments, benefits, allowances, student assistance etc.
Before the SSAT can review a decision, it must first be reviewed internally by the agency that made the decision. In the case of social security appeals, the decision must first be reviewed by a Centrelink authorised review officer and in the case of child support appeals, the decision must first be reviewed by a CSA objections officer.
When can appeals be lodged?
Centrelink appeals can be lodged anytime after a review of the original decision by a Centrelink authorised review officer. If the appeal is about payment of a Centrelink benefit, it is best to lodge the appeal as soon as possible (certainly within 13 weeks), because amounts outstanding may not be payable if a successful appeal is lodged more than 13 weeks after the Centrelink review. Child support appeals must be lodged within 28 days of receipt of the CSA objection decision. If it has been more than 28 days since notice of the objection decision was received, the applicant can apply to the SSAT for an extension of time to lodge an appeal.
Please note: the SSAT can only review CSA objection decisions made on or after 1 January 2007. Therefore, if you wish to appeal a CSA objection decision made before 1 January 2007, you should contact the CSA to discuss your appeal options.Will the appeal cost me anything?
You do not have to pay to appeal to the SSAT. The SSAT will help you get to the hearing, by reimbursing you for reasonable public transport costs. If required, an interpreter will be provided for the hearing, at no cost to you.
The SSAT does not pay the fees of solicitors or other professionals, should you choose to be represented at the hearing. It also does not pay the travel costs of friends or relatives who accompany you to the hearing.
How long will it be before I have my hearing?
Once an appeal is lodged, an SSAT case manager will contact you and provide information at each step of the appeal process. The SSAT will arrange a hearing date as quickly as possible, usually within six to eight weeks. If your appeal is about a Centrelink decision, the SSAT will provide you with copies of relevant information from the Centrelink file at least seven days before your hearing. If your appeal is about a CSA decision, the CSA will provide you, the other parent and the SSAT with copies of relevant information from their file at least seven days before the hearing.
How formal is the hearing?
The hearing itself is less formal than a court.
In Centrelink cases it is a discussion between the applicant, other parties (if applicable) and SSAT members. Centrelink appeal hearings usually last up to an hour. No one from Centrelink comes to the hearing.
At the hearing, SSAT members will ask you questions and listen to your side of the story. You will have the opportunity to tell the SSAT what you think is important and ask questions if you are unsure about anything. You do not need to express yourself in ‘legal language’. The SSAT members will usually take notes, to make sure that nothing is forgotten.
In child support cases, both parents will participate in the hearing and be asked to explain why they agree or disagree with the decision of the CSA. At the hearing the members will ask both parents questions to obtain all the relevant information from both parties to decide the appeal. A representative from CSA does not usually attend the hearing. The SSAT members will take notes of the evidence of both parties. In child support appeal cases, the hearing proceedings will also be recorded electronically by the SSAT.
What do I bring to the hearing?
To prepare for the hearing, you should write down any questions you wish to ask the SSAT members. It is a good idea to make notes about events, dates and persons involved in the matter under review.
When you come to the hearing, you should bring with you any information relevant to your appeal. The SSAT already has all the relevant information from your Centrelink or CSA file. You can provide additional information if you wish, however, in child support appeal cases any additional information must be provided to the SSAT at least 14 days prior to the hearing.
What if I need help in preparing for the hearing?
You might find it helpful to contact a community or other organisation to assist you in preparing your case and/or be with you during the hearing. Links to a number of relevant organisations are given on our website. Your nearest SSAT office will provide details of local agencies that may be able to assist you.
You can also contact your nearest SSAT office if you would like more details on the hearing.
Can I bring someone with me to the hearing?
You may be represented (at your own expense) by a legal representative, advocate or welfare worker. In most instances you 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.
In Centrelink cases applicants may bring along a friend or family member for support.
Child Support appeal hearings are required by law to be held in private. To protect the privacy of the parties, persons who are family, friends or partners will usually not be admitted to the hearing room. If you intend to bring someone to the hearing please discuss this with your Tribunal case manager well before the hearing. A decision on who is admitted to the hearing room can only be made by the Presiding Member hearing the matter. Tribunal staff can advise about Tribunal processes but do not have the authority to make a ruling on who may attend the hearing..
Important: Children should not be brought to the Tribunal as they are not permitted in the hearing room and the SSAT does not provide child care.
Can you help me with my special needs?
The SSAT can arrange assistance with your special needs. Contact your nearest SSAT office to discuss how your individual requirements may best be met. Assistance may include sign interpreters, hearing loop, help getting to and from the hearing and flexible hearing options (such as hearings by telephone or video-conference).
Call Freecall™ 1800 060 116 for teletypewriter service.
For information in another language, call 131 450 from anywhere in Australia. The Translating and Interpreting Service can call the SSAT on your behalf.
Contact your nearest SSAT office if you require large print formats or an audio CD of the SSAT’s general information documents (including the Service Charter and the SSAT: Guides).
How long will it be before I get the decision?
About 14 days after your hearing, you will receive the SSAT’s written decision in the mail. You will be notified if the SSAT has had to adjourn your matter until a later date. This could be to allow time for you to provide further information, for the SSAT to obtain further information or to allow the SSAT to research the law.
What if I disagree with the SSAT’s decision?
The SSAT’s decision is final. However, if your appeal is about a Centrelink decision, both you and Centrelink have the right to appeal to the Administrative Appeals Tribunal. This must be done within 28 days of the date of the SSAT’s decision.
If your appeal is about a CSA decision, all parties to the appeal (including the CSA) have the right to take the matter to the courts but only on a point of law. There is one exception to this further appeal process: if the SSAT refuses to grant an extension of time to appeal a CSA objection decision, the applicant can lodge an appeal directly with the Administrative Appeals Tribunal. This must be done within 28 days of receiving notice of the SSAT decision.
What are my chances of success?
The SSAT looks at each individual case on its merits. It will consider all the relevant facts and law before reaching a decision. In recent years, the SSAT has changed the decision in about a third of all Centrelink cases appealed (statistics for CSA cases are not yet available).
Is the SSAT independent?
The SSAT is an independent statutory body whose members are people such as welfare workers, doctors, lawyers and public administrators. It is not part of Centrelink or the CSA. It has the power to change Centrelink and CSA decisions, but only according to the law. Where the SSAT sets aside (ie. changes) a decision under review, it may substitute a new decision or send the matter back to Centrelink or CSA with directions for further action.