General Appeal Information

After an Application is Lodged
The Hearing Panel
The Tribunal’s Function
Hearing Options
What Happens at the Hearing?
Cost


After an Application is Lodged

After an application for a review of a Centrelink decision is received by the SSAT, an acknowledgement letter is sent out explaining what happens next. Centrelink has 28 days to provide the SSAT with a written explanation of its decision. When that document is received, a copy is sent to the applicant, along with any other relevant papers from Centrelink’s file and an appointment time for a hearing is made.

After an application for a review of a Child Support Agency decision is received by the SSAT, an acknowledgement letter is sent to the applicant explaining what happens next. As the other parent is automatically a party in most child support appeals, a letter is also sent to him/her. The letter notifies the other parent that an appeal has been lodged, encloses information received from the applicant and provides the other parent with the option of not participating in the appeal. CSA then has 28 days to provide the SSAT, the applicant and the other parent with a written explanation of its decision and any other relevant papers from the CSA file. Once these documents have been received, the SSAT contacts the applicant and the other parent to arrange an appointment time for a hearing.


The Hearing Panel

Most hearing panels consist of two members (the size and composition of the panel is determined by the nature and complexity of the application). The legislation permits a maximum panel size of four.

The presiding member is responsible for the proper conduct of the hearing and the effective determination of cases.


The Tribunal’s Function

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 or CSA file and the evidence presented by the applicant, other parties to the appeal and/or representatives at the hearing. In additional to considering all evidence presented, the Tribunal can initiate its own inquiries.

In making decisions, the Tribunal applies the relevant legislative provisions to its findings of fact. In interpreting those provisions, the Tribunal is bound to follow decisions of the Federal Court and the High Court. It also follows its own relevant previous decisions and decisions of the Administrative Appeals Tribunal, although it is not strictly bound by them. Similarly, the Tribunal has regard to the policies of the Department of Families, Housing, Community Services and Indigenous Affairs and the Department of Education, Science and Training. However, the Tribunal may depart from these policies in the particular circumstances of a case.


Hearing Options

The majority of SSAT hearings are conducted face-to-face with the applicant and other parties to an appeal in the same room. This reflects the view that the interests of the applicant and other parties are usually best served and protected when members, applicants and other parties have the opportunity to speak directly in an informal environment.

To ensure the accessibility of its services to those living outside metropolitan areas, the SSAT also conducts hearings in regional centres throughout the country.

The installation of video-conferencing facilities in all SSAT offices aims to maximise the number of face-to-face hearings, while minimising the cost and inconvenience of travel by applicants, other parties and Tribunal members.

Telephone conferencing continues to provide an alternative in appropriate cases.


What Happens At The Hearing?

Hearings are held in an informal environment. Telephone hearings are sometimes held, if convenient for the applicant and/or the other parties.

The Tribunal can also arrange hearings in some regional centres, either face-to-face or by video-conference.

The hearing itself is less formal than a court: it is a discussion between the applicant, other parties (if applicable) and Tribunal members. Centrelink appeal hearings usually last up to an hour. Child support appeal hearings usually last between one and two hours.

Applicants and other parties to an appeal are encouraged to provide information regarding their situation. Often, it is this additional information that assists the Tribunal in making a decision. In child support appeal cases, any additional information provided by applicants and other parties should be submitted to the SSAT at least 14 days prior to the hearing. It’s a good idea for applicants and other parties to keep a copy of the information they provide to the Tribunal.

In Centrelink appeal cases, no-one from Centrelink comes to the hearing. Instead, Centrelink puts its case to the Tribunal in paper documents. Before the hearing, the Tribunal sends a copy of these Centrelink papers to the person appealing.

In some child support appeal cases, a CSA representative attends the hearing but in most cases, the CSA puts its case to the Tribunal in paper documents. Before the hearing, the CSA sends a copy of these papers to the SSAT, the applicant and the other parent.

A person attending a hearing may bring along a friend or family member for support, or may wish to be assisted by an advocate or legal representative (at their own cost). In child support appeal cases, the SSAT members decides whether the person you bring can go into the hearing room with you.

The Tribunal makes decisions quickly: usually, a person will receive their decision by post within two weeks of the hearing. This letter from the Tribunal also provides information about further rights of appeal. In Centrelink appeal cases, the letter includes full written reasons for the Tribunal's decision. In child support appeal cases, the Tribunal may provide reasons orally or in writing. If the reasons are provided orally, parties have 14 days to request them in writing.


Cost

It costs nothing to appeal to the SSAT. In the case of Centrelink appeals, there are also no penalties or fees if an application is withdrawn (there are no provisions for child support appeals to be withdrawn).

The SSAT will help the applicant and other parties to the appeal get to the hearing by paying reasonable public transport travel expenses.

If required, an interpreter will be provided for the hearing, at no cost to the party requiring the interpreter.