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The social security review and appeals system consists of internal and external review mechanisms. A person affected by a decision made under the social security law may apply for a review of the decision. An internal review of a decision is conducted by a review officer who has no involvement in making in the original decision. The levels of review and appeal, in increasing order, are:
Act reference: SS(Admin)Act Part 4 Review of decisions
The secretary may arrange for the use of computer programs in making decisions under social security law. Decisions made by computer programs are taken to be decisions made by the Secretary. This means, for example, where entitlement determinations are made using computer programs such as rate calculators, they can be reviewed as though the decisions were made by the Secretary or a delegate of the Secretary.
Act reference: SS(Admin)Act section 6A Secretary may arrange for use of computer programs to make decisions
If the Secretary or delegate, SSAT or AAT(the review body) is reviewing a decision and is satisfied that an event would have happened had the original decision not been made, then that event can be deemed to have happened for the purpose of the review. Similarly if an event would not have happened had the original decision not have been made, then that event can be deemed to have not happened for the purpose of the review.
Act reference: SS(Admin)Act section 126(4) If the Secretary sets a decision aside..., section 135(4) If a person sets aside a decision..., section 149(4) If the SSAT sets a decision aside..., section 179(4) If the AAT sets aside a decision...,
A person may withdraw their application for internal review of a decision under social security law at any time before the review has been completed.
An application that is withdrawn is taken to have not been made. An application may be withdrawn orally or in writing, or in any other matter approved by the Secretary.
Act reference: SS(Admin)Act section 130 Withdrawal of application
A notice must be provided to the applicant following the review of a decision. The notice must:
Act reference: SS(Admin)Act section 136 Notice of decision on review, section 138 Notification of further rights of review
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Last reviewed: 12 November 2012
