If applicants, Australian Apprentices or students on whose behalf claims have been made, disagree with a decision about their assessment, they may ask Centrelink to review any decision affecting their eligibility or entitlement for ABSTUDY benefits, and/or any decision regarding debt recovery. A third party can undertake the same review and appeal process where it is the applicant for the ABSTUDY entitlement, or it is the responsible debtor.
Decisions regarding a customer’s eligibility and entitlement to ABSTUDY are made in accordance with the ABSTUDY Policy Manual. However, decisions regarding debt recovery matters are made under the Student Assistance Act 1973 
.
As a result, 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 4.2 and those for debt recovery decisions are set out in 4.3.
Where Centrelink has been asked to review a decision regarding ABSTUDY eligibility and entitlement under ABSTUDY Policy, an officer who was not involved in the original decision will undertake the review.
There is no time limit for requesting reviews of ABSTUDY eligibility or entitlement.
If a student, Australian Apprentice, applicant or third party acting as an agent is not satisfied with a Centrelink review decision, the person or an agent acting on her/his behalf may appeal in writing to the Minister about any Centrelink decision affecting his or her ABSTUDY eligibility or entitlements.
The Minister with the portfolio responsibilities for ABSTUDY is the :
Minister for Education, Employment and Workplace Relations
Parliament House
CANBERRA ACT 2600.
In general, the grounds for appeal are that:
- the decision being appealed against was contrary to ABSTUDY provisions; or
- the circumstances of the case meet the intention but not the letter of the ABSTUDY Policy Manual.
Note: This provision only relates to a Centrelink decision about an individual’s ABSTUDY eligibility or entitlement.
It does not apply where the Centrelink decision is about a decision under Part 3B of the Social Security (Administration) Act 1999 (‘the SSA Act’) in relation to a person who is subject to the income management regime under section 123UB of the SSA Act.
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 Centrelink.
There is a 3-month time limit for requesting reviews under the Student Assistance Act 1973.
Decisions about recovering a debt, include:
- the setting of rates for withholding from current entitlement;
- garnisheeing bank accounts and wages;
- writing off or waiving a debt; and
- imposing late payment charges and/or interest.
The relevant legislation is contained in the Student Assistance Act 1973 .
The following sections are relevant to debt recovery:
- s.39A regarding payment by instalments
- s.40 - regarding applying interest and late payment charge
- s.41 - regarding removing penalty charges
- s.42 - regarding debt and garnishee
- s.43 - regarding writing off debts
- s.43A-43F - regarding waiver of debts, and
- s.343-345 - regarding obtaining information.
For review of decisions see Part 9 (sections 302 to 334 inclusive) of the Act.
Customers who are dissatisfied with the outcome of a Centrelink review of a debt recovery decision can apply to the Social Security Appeals Tribunal (SSAT) for a review of the decision.
Centrelink provides brochures for appeal to the SSAT with the review of decision where that review has been unfavourable to the client. The SSAT can be contacted by writing to GPO Box 9943 in capital cities, or by telephoning Freecall TM 1800 011 140.
Customers who are dissatisfied with an SSAT decision can apply to the Administrative Appeals Tribunal (AAT).
Forms on which an AAT appeal may be lodged are available from the AAT Registry in each State by writing to GPO Box 9955 in each capital city, phoning 1300 366 700 or from their web site at http://www.aat.gov.au/ . Appeals to the AAT are lodged directly with the Tribunal.
The SSAT and AAT may review a decision 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, and the quantum of the debt. The SSAT and the AAT may not review the decision by the Secretary (under subsection 42(3) of the Act) to issue a garnishee order against a third party in order to recover the debt.