Objections

It is possible to object to many of the decisions made by the Department of Human Services if an error has been made in determining the facts or applying the law. The Department of Human Services is required to inform people of their objection rights when a decision is made.  An objection is usually required to be in writing, but the exception to this rule is that objections in relation to level of care decisions can be made orally, either in person or by telephone.

Time limit

A person has 28 days in which to object to a decision by the Department of Human Services. This time limit is usually strictly enforced. An application for an extension of time in which to object to a decision can be made either in writing or by telephone.

The most common decisions which can be objected to include:

Appeals to the Social Security Appeals Tribunal

Since 1 January 2007 the Social Security Appeals Tribunal has been able to review many objection decisions made by the Department of Human Services. A person must first have objected to the decision through the Department of Human Services’s objection process, before lodging an appeal with the Social Security Appeals Tribunal. An appeal can be lodged with the SSAT by telephone (1800 011 140).

When an appeal is lodged, the Department of Human Services provides all relevant documents on the case to the SSAT and a copy is given to each party. The Tribunal is able to request that further information be provided to assist it to make a decision.

If the appeal is related to a Change of Assessment decision, a pre-hearing conference is often held to identify the issues and determine if further information is required from either party.

Both parties attend the hearing in person, although in some circumstances arrangements can be made to attend by telephone. A person can bring along a support person, but the Tribunal will decide if the support person is allowed to attend the hearing. A party can have a legal representative attend the hearing if they wish.

Time limit

If a person is dissatisfied with an objection decision made by the Department of Human Services, he or she has 28 days in which to lodge an appeal to the SSAT. This time limit is usually strictly enforced. An application can be made to the SSAT for an extension of time in which to appeal.

Social Security Appeals Tribunal

Freecall 1800 011 140

TTY 1800 060 116

Website www.ssat.gov.au