The Administrative Appeals Tribunal

A person can appeal to the Administrative Appeals Tribunal against any decision by an authorised review officer [see Social Security (Administration) Act 1999 (Cth) s 142].

An external review is divided into two, separate process known as first review and second review.

Where a person is dissatisfied with the decision in an internal review (i.e. the decision made by an Authorised Review Officer), they can lodge an application for first review in the Administrative Appeals Tribunal. These matters are heard in the Social Services and Child Support Division of the Administrative Appeals Tribunal (AAT).

The second review (which is available to parties dissatisfied with the decision on first review) is heard in the General Division of the Administrative Appeals Tribunal.

Are there costs involved in going to the AAT?

There is no fee to apply for a review of a decision by the AAT, at either the first review or second review stages.

The Administrative Appeals Tribunal is a 'no costs' jurisdiction. This means that applicants should incur no costs even if they are unsuccessful. This applies to both first review and second review hearings.

However, anyone considering an appeal to the AAT or facing an appeal from Centrelink to the AAT should still seek legal advice from Legal Services Commission or a community legal service, preferably before commencing an appeal.