Role of the SSAT in Parental Leave Pay - Employer Reviews
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The SSAT is an Independent Tribunal
The SSAT is an Independent Tribunal
The SSAT is an independent administrative merits review
tribunal. It is completely separate from Centrelink.
The role of the SSAT is to review decisions. The SSAT makes a
completely new decision in each case, determining what is the
correct (ie. legally correct) or preferable (in terms of the
exercise of a discretion) decision.
If you want a parental leave pay (PPL) decision reviewed, you can
apply to the SSAT. However it is important to note that before a
person can have a Centrelink decision reviewed by the SSAT, the law
requires that the person must first seek an
internal review by an Authorised Review Officer (ARO), ie. you must
have an ARO review the case before applying to the SSAT. It is the
decision of the ARO which can be reviewed by the SSAT.
The SSAT does not presume that the ARO decision is correct. The
SSAT can consider any matter of law or policy which is relevant to
the review. It is not limited to what has been considered by the
ARO.
Applicants cannot choose to have only part of a decision reviewed.
In conducting a merits review the entire decision of the ARO is
considered by the SSAT. This means that the SSAT may look at
evidence and law not discussed or considered by the ARO.
What can the SSAT do?
The SSAT can review most decisions of an Authorised Review
Officer (ARO) in relation to parental leave pay. If you have not
had your matter reviewed by an ARO the SSAT cannot hear your
review. In that case you will first need to contact Centrelink to
ask for an ARO review. If you are still not satisfied with the
decision, you can apply to the SSAT.
Once an application has been received the SSAT
must deal with the application unless it is
withdrawn by the applicant. There are only limited circumstances in
which the SSAT can dismiss an application or otherwise decline to
hear it.
The SSAT generally has the power to affirm, vary or set aside a
decision under review. To affirm means confirm or agree
with; set aside means put to one side, or override. Where
it sets aside a decision, the SSAT may either substitute a new
decision or send the matter back to Centrelink with directions or
recommendations for further action. Because the SSAT is making a
fresh decision sometimes this can mean that there is a worse
outcome for a person lodging an application for review.