Review of decisions is provided for in SS(Admin)Act Part 4, where a review of a decision of an officer under the social security law can occur. A decision by the delegate of the Secretary under SS(Admin)Act Part 3B will be a decision by an officer and therefore reviewable under the social security law.
Decisions that a person may seek review of include, but are not necessarily limited to:
The decision by the child protection worker to issue the notice is not reviewable under the social security law, although the question of whether or not the notice was actually given is reviewable. The decision by the relevant state or territory child protection authority to give the notice to the Commonwealth may be able to be appealed or reviewed in the relevant state or territory jurisdiction.
Act reference: SS(Admin)Act Part 3B Income management regime, Part 3B Division 6 Debits from income management accounts, Part 4 Review of decisions, section 123UC Persons subject to the income management regime-child protection, section 123ZJ Value of action taken under Division 6 exceeds credit balance of income management account, section 123WJ Payment of credit balances of income management accounts-person ceases to be subject to the income management regime
Last reviewed: 2 August 2010