As there are 2 levels of review available in the Administrative Review Tribunal (formerly the Administrative Appeals Tribunal), the initial review was previously known as a 'first review' or 'tier one review'.
The Administrative Review Tribunal is completely independent of Centrelink. The ART reviews decisions made by Centrelink and the Child Support Agency (both are part of Services Australia) and determines whether they have been made correctly. Tribunal decisions are binding on both parties.
In reviewing the decision, the ART will have regard to the information supplied to it by Centrelink and by the person seeking the review. Whether or not Centrelink has made the correct decision will depend on whether it has followed the Social Security legislation.
An application to the ART for review can only be made once the internal review process has been completed – see Internal Review. An application for an ART review may be made online, in person, by email or written application form or by calling the Tribunal on 1800 228 333. Visit the Tribunal website for more information.
Reviews are usually conducted in a public hearing format. Hearings are fairly informal and the person applying (or someone on their behalf) can present their version of events to the Tribunal.
Following the hearing, the ART will provide a written statement of its decision and the reasons for it.
Before considering appealing to the ART, seek independent legal advice from the Legal Services Commission or a community legal service. Also consider making a Freedom of Information application for a copy of the file (see How to Make a Request for a Centrelink File).
To be eligible for back pay, applicants must appeal within 13 weeks after receiving notification of the decision [Social Security (Administration) Act 1999 (Cth) s 147].
If a person is unhappy with the decision of the ART, or the ART agreed with the decision of Centrelink, they can appeal to the Administrative Review Tribunal for a second review(previously known as a ‘tier two review’). See Second Review by the Administrative Review Tribunal.