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The Review Process (PPL - Employer matters)

After an application for review is lodged

After an application for review of a PPL decision is received by the SSAT an acknowledgement letter is sent out explaining what happens next. The application must be received in the correct form (see How to apply to the SSAT and SSAT Forms). Centrelink has 28 days to provide the SSAT with a written explanation of its decision in addition to the original or copy of documents in possession of Centrelink which is relevant to the review. Centrelink must also provide a copy of the statement and the documents to the employer. An appointment time for a hearing will be made by the Case Manager.

Case Managers

Each application for review to the SSAT is assigned an SSAT Case Manager. The Case Manager is the first point of contact for parties wishing to contact the SSAT about their application for review. Parties are not able to contact an SSAT member 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 SSAT decision maker (that is the role of the member or members considering the case);
Manage any relevant documents and records provided by Centrelink 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?

A Case Manager cannot provide legal advice.
A Case Manager 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. Parties should not assume that a member is aware of all the detail of conversations with Case Managers.

SSAT access to Centrelink information

SSAT staff and members can access details on the Centrelink computer database only for the purpose of an application for review to the SSAT. This is so that the Tribunal can obtain all material which is necessary for your review. Centrelink also send documents from an applicant's file to the SSAT and to the parties.

The SSAT members and staff cannot alter the information which is contained in the Centrelink computer. All staff and members are bound by strict secrecy provisions which prevent them from disclosing any information obtained in the course of their duties to unauthorised people.

The Hearing Panel

Most hearings are conducted by one member 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.

Hearing Options

The majority of SSAT hearings are conducted face-to-face, although there are regional variations.

Telephone conferencing and video-conferencing provide an alternative in appropriate cases.

To ensure the accessibility of its services to those living outside metropolitan areas, the SSAT may also conduct 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. With international cases, 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 At The Hearing.

Prosecution, Civil Penalty Orders and Fair Work Ombudsman investigations

In some matters which are reviewed by the SSAT (eg. some debt matters), Centrelink may have considered whether prosecution action should be taken. Prosecution involves the investigation and laying of a criminal charge in a court. This process is completely separate from the SSAT process. The SSAT cannot make any directions about a prosecution and has no role in deciding whether a prosecution should take place.

In addition, in some cases Centrelink may have applied for a Civil Penalty Order or referred a matter to the Fair Work Ombudsman. Once again these processes are completely separate from the SSAT review process.

A person is not compelled to attend the SSAT and give information to the SSAT or answer its questions. A person does not have to do anything which may incriminate himself/herself. However if there is an absence of explanation by the person on a relevant issue or matter at hearing, a natural consequence may be that the person's case is not assisted.

Centrelink receives a copy of the written decision of the Tribunal (which includes reasons) and it is possible that information obtained as part of the SSAT hearing process may be used by Centrelink to conduct an investigation or otherwise pursue prosecution action.

It is desirable to get legal advice before pursuing a review in the SSAT where prosecution action has already been indicated by Centrelink. However, any debt will stand unless it is altered by Centrelink or changed via the review process.