Frequently Asked Questions
1. Who can apply to the SSAT?
An employer who disagrees with the decision related to parental
leave pay - namely an employer determination decision or an
employer funding decision - can apply to the SSAT for a review of
that decision.
Before the SSAT can review a decision, it must first be reviewed
internally by the agency that made the decision. In the case of
parental leave pay reviews, the decision must first be reviewed by
a Centrelink Authorised Review Officer. An employer cannot apply
for review of a claimant decision.
2. When can applications for review be lodged?
Applications for review of Centrelink decisions can be lodged only within 14 days of the date of the decision by a Centrelink Authorised Review Officer. (Please note that the 14 days runs from the date of the decision and not the date of receipt of the decision). There is no ability for the SSAT to extend time to lodge an application for review.
3. Will the application for review cost me anything?
You do not have to pay to apply to the SSAT. 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.
4. How long will it be before I have my hearing?
Once an application for review is lodged, an SSAT Case Manager will contact you and provide information at each step of the process. The SSAT will arrange a hearing date as quickly as possible, usually within six to eight weeks.
5. How formal is the hearing?
The hearing itself is less formal than a court. In Centrelink
cases it is a discussion between the applicant and SSAT member(s).
Centrelink review hearings usually last up to an hour. No one from
Centrelink usually comes to the hearing.
At the hearing, the SSAT member(s) 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 member(s) will usually take notes to
assist them in writing reasons for the decision.
6. What do I bring to the hearing?
To prepare for the hearing, you should write down any questions
you wish to ask the SSAT member(s). 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 case. In particular you should bring
the papers which Centrelink has sent you relating to the
application for review. The SSAT already has those papers sent by
Centrelink. You can provide additional information if you wish.
7. Can I bring someone with me to the hearing?
Ordinarily yes.
8. Can you help me with my special needs?
The SSAT can arrange assistance with your special needs. Contact
your nearest SSAT registry 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 registry if you require large print
formats or an audio CD of the SSAT's general information documents
(including the Service Charter and the SSAT: Guide).
9. 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.
10. What if I disagree with the SSAT's decision?
The SSAT's decision is final. However, both you and Centrelink have the right to appeal to the Federal Court, on a question of law only. This must be done within 28 days of the date of receipt of the SSAT's decision (or such other time as the Court may allow).
11. 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. The Case Manager cannot give you advice about this.
12. Is the SSAT independent?
The SSAT is an independent statutory body whose members are people such as welfare workers, doctors, lawyers, accountants and public administrators. It is not part of Centrelink. It has the power to change Centrelink decisions, but only according to the law. Where the SSAT sets aside (i.e. changes) a decision under review, it may substitute a new decision or send the matter back to Centrelink with directions for further action.