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The Appeal Process

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After an appeal is lodged

After an application for a review of a Centrelink decision is received by the SSAT, a Case Manager is assigned to each case. 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.
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Case Managers

Each appeal to the SSAT is assigned a Case Manager. The Case Manager is the first point of contact for parties wishing to contact the SSAT about their appeal. Parties are not able to contact SSAT members outside a hearing setting.

The Case Manager’s role is to:
    • Act as a contact point for the parties and Centrelink to provide continuity and consistency.
    • Provide information to the parties in general terms about processes of the SSAT - but Case Managers are NOT the decision maker.
    • Handle any documents despatched from the SSAT, or received from the parties.
    • Arrange hearing dates and process correspondence informing people about the hearing process.
What cannot be done by the Case Manager?
    • They cannot provide legal advice.
    • They cannot advise a party in specific and detailed terms what information should be brought to the hearing. They cannot conduct a case for a party.
    • As the Case Manager is not the decision maker they cannot provide an explanation about the decision or provide additional reasons as to why the decision was made. It would be inappropriate for them to do so as they were not involved in making the decision.
    • The Case Manager will not be in attendance at the hearing and cannot act as a party’s representative or support person.
    • The Case Manager will not record the detail of a party’s discussion about the case other than is necessary for administrative purposes. They will not record the detail of conversations and will not pass this information to the SSAT members. Consequently parties should not assume that members are aware of all the detail of conversations with Case Managers.
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The Hearing Panel

Most hearing panels consist of two members however 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.
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The SSAT's Function

Each SSAT panel takes a fresh look at the matter, including the consideration of events which might have occurred since the original decision was made. The SSAT’s findings are usually based on information contained in the Centrelink papers and the evidence presented by the applicant, other parties to the appeal and/or representatives at the hearing. In addition to considering all evidence presented, the SSAT can initiate its own inquiries.

In making decisions, the SSAT applies the relevant legislative provisions to its findings of fact. In interpreting those provisions, the SSAT 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 SSAT has regard to the policies of the Department of Families, Housing, Community Services and Indigenous Affairs and the Department of Education, Employment and Workplace Relations. However, the SSAT may depart from these policies in the particular circumstances of a case.
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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.

Telephone conferencing continues to provide an alternative in appropriate cases.

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 SSAT members.

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

For international applicants the best option is by telephone. The SSAT will call you for the hearing so you will not incur costs for the call. The matter will not be listed for hearing until after the Centrelink papers have been received by the applicant.

For further information about SSAT Hearings please see The Hearing Process.
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