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You are here: ABSTUDY > 1
Introduction to ABSTUDY > 1.6 Reviews and Appeals
Applicants, or students on whose behalf claims have been made, may request in writing to the Centrelink Manager that any decision affecting their eligibility or entitlement for ABSTUDY benefits, including the ABSTUDY Supplement, be reviewed.
An applicant’s rights of review regarding an assessment decision differ to those relating to matters of debt recovery.
Rights of review regarding assessment decisions are set out in 1.6.1.4 below, while debt recovery decisions are made under the provisions of the Student Assistance Act 1973 (see 1.6.2.2 to 1.6.2.5).
If the original decision is varied, any benefit withheld and now payable is to be paid retrospectively from the effective date and the customer advised in writing.
If the original decision is upheld, the applicant must be advised in writing. The reply should:
Note: When referring to the Centrelink Customer Service Officer carrying out such a review, the appropriate terminology is ‘Authorised Officer’. Where the notice of decision also refers to recovery (or waiver) of a resulting overpayment, reference should be made to the decision of the ‘Delegate of the Chief Executive Officer’ (see 1.6.2.2).
Where an authorised officer, in reviewing a decision, upholds the original decision, the student or applicant should be informed of her/his right to appeal.
Appeals about assessment should be addressed to the responsible Minister (see 1.6.2.1).
Appeals about debt recovery should be directed to the Social Security Appeals Tribunal (SSAT) (see 1.6.2.2).
1.6.2 Appeals
If students or applicants are not satisfied with a review by the delegate, they (or an agent acting on her/his behalf) may appeal in writing to the Minister about any Centrelink decision affecting their entitlements, including ABSTUDY Supplement. The relevant Minister is:
Dr David Kemp
Minister for Education, Training and Youth Affairs
Parliament House
CANBERRA ACT 2600.
In general, the grounds for appeal are that:
ABSTUDY debt recovery decisions are made under the provisions of the (Student Assistance Act 1973). Customers who are dissatisfied with a debt recovery decision may apply for a review of the decision by a delegate. If they are dissatisfied with the outcome, they can apply to the Social Security Appeals Tribunal (SSAT) for a review of the decision. If they are not satisfied with the SSAT decision, they can apply to the Administrative Appeals Tribunal (AAT).
Following a review of the original decision, appeals to the SSAT or the AAT may be lodged directly with the Tribunals or through Centrelink. (Brochures for appeal to the SSAT are provided with the review of decision by Centrelink where that review has been unfavourable to the client.)
Since 1999, the Federal Court and the Full Federal Court decisions have provided that the SSAT and AAT may review a decision by the Secretary to recover a debt under the ABSTUDY Scheme (under the Student Assistance Act 1973) and also to review the decision to raise and recover the debt, including the reasons for raising the debt and the quantum of the debt. The SSAT and AAT under subsection 42(3) of the Act may not review the decision by the Secretary to issue a garnishee order against a third party in order to recover the debt. If a student is questioning a decision about her/his eligibility for ABSTUDY, the procedures outlined in 1.6.1 and 1.6.2.1 are to be followed.
Note: When referring to the Centrelink Customer Service Officer carrying out a review relating to debt recovery, the appropriate terminology is ‘Delegate of the Chief Executive Officer’.
Decisions about recovering a debt, which are made by delegates in the Debt Recovery Units, include:
A debt can be waived under conditions set out in the Student Assistance Act 1973 legislation. These include:
Decisions on administrative error waiver and waiver in special circumstances are made by the Centrelink Manager. Other waiver decisions are usually made by Debt Recovery officers.
The relevant legislation is contained in the Student Assistance Act 1973:
for debt recovery
- s.40 – regarding applying
interest and late payment charge
- s.41 – regarding removing
penalty charges
- s.42 – regarding debt and
garnishee
- s.39A – regarding repayment by
instalments
- s.43 – regarding writing off
debts
- s.43A-43F – regarding waiver of debts, and
- s.343-345 – regarding obtaining information; and
for review of decisions see Part 9 (sections 302 to 334 inclusive)
See also the Centrelink Debt Recovery Manual for detailed information on review of debt recovery decisions.
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