11.2.9 Review & Appeal Processes under the Cape York Initiative

Introduction

Full SSAT and AAT review rights are applicable under the Cape York initiative. Care, however, needs to be taken in determining the correct appeal path for the individual. Different aspects of the Cape York income management initiative can be appealed in Federal and Queensland jurisdictions. The broad distinction is that:

• a decision by the Family Responsibilities Commission, including a decision to give a notice to the delegate about income management for an individual, may be able to be appealed under Queensland law, and
• a decision by the delegate about the implementation of income management, including a decision about the allocation or disbursement of income managed funds, may be reviewed under social security law.

If a decision about income management is reviewed under the social security law, income management continues to apply until the review is finalised, unless otherwise directed by the relevant tribunal or court.

In this section

This section contains the following topics:

11.2.9.10 What can be Reviewed/Appealed through the Delegate under the Cape York Initiative

11.2.9.20 Review of Decision that Individual is Subject to Income Management under the Cape York Initiative

11.2.9.30 Review of Decision to Make Deductions from Individual's Relevant Welfare Payments under the Cape York Initiative

11.2.9.40 Review of Decision in Relation to Meeting the Priority Needs of Individual under the Cape York Initiative

_______________________________________________________

Last reviewed: 1 June 2009