6.3.1 SSAT Reviews

SSAT objective

The objective of the SSAT is to provide a review mechanism that is:

• fair,
• just,
• economical,
• informal, and
• quick.

Recipients may apply to the SSAT for a review of a FAO decision if an internal review confirmed, changed or set aside a decision relating to them.

Application for a review of FAO decisions

Where the decision relates to the payment of FTB by instalments, or to the raising of a debt, there is no time limit for applying for a review by the SSAT. However, date of effect rules in the FA law may limit the amount of payments that a recipient can receive when a decision is made in their favour. It is therefore important that applications for review are lodged with the SSAT at the person's earliest convenience.

Where the decision relates to other types of FA an application to the SSAT must be made within 13 weeks of the recipient being notified of a decision.

Where a recipient is prevented from making an application within the allowable time due to special circumstances, the SSAT may permit the person to make an application after the 13 week period and within such further period as it considers appropriate.

Applications can be made in written or oral form to an SSAT office or other agencies approved by the FAO.

SSAT review of child support matters

The SSAT may also review CSA objection decisions made after 1 January 2007 as long as those decisions have gone through the CSA's internal objection procedures.

The SSAT reviews the merits of CSA's decision and may affirm, vary or set aside and replace the original decision. A person who is dissatisfied with a SSAT decision may appeal to a court, on a question of law.

For more information about SSAT review of CSA objection decisions, please see the CSA Policy Guide.

Act reference: Child Support (Registration and Collection) Act 1988 refer to Part VIIA - SSAT review of certain decisions

Continuation of payment

If an unfavourable decision is made and the decision depends upon the exercise of discretion, the Secretary may declare that entitlement to FA may continue during the review process.

Notification of a decision by the SSAT

The SSAT must prepare a written statement outlining:

• the decision,
• the reasons for the decision, and
• any findings on material questions.

This must be provided to the parties within 14 days of making a decision.

Explanation: The parties to the review include:

• the applicant,
• the Secretary, and
• any other person who is a party to the review.

Date of effect of the decision

The following table outlines the date of effect of different SSAT decisions.

Non-reviewable decisions

The following decisions are not reviewable:

• the form and manner of claim,
• the continuation of payment pending review of an unfavourable decision,
• the Secretary requiring information,
• the Secretary's power to settle proceedings before the AAT, or
• the approval of child care services and registration of carers.

Act reference: FA(Admin)Act section 110 SSAT objective, section 111 Application for review by SSAT, section 111A Review applications-time limits applicable to review by the SSAT of certain decisions, section 111B Date of effect of certain SSAT decisions relating to payment of family tax benefit by instalment, section 112 Secretary may continue payment etc pending outcome of application for review, section 113 SSAT review powers, section 114 Powers of the SSAT, section 116 Application requirements, section 117 Variation of decision before review completed, section 118 Parties to SSAT review, section 141 Procedure following SSAT decision

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Last reviewed: 1 July 2010