Where an adverse decision is based on the exercise of discretion and the person appeals to an Authorised Review Officer or the Administrative Appeals Tribunal (AAT), payment can continue pending the outcome of the review [see Social Security (Administration) Act 1999 (Cth) ss 131 and 145].
At the second review stage of the Administrative Appeals Tribunal, either party may apply to the Tribunal for a stay of the first review decision of the Administrative Appeals Tribunal. This may be necessary where the person has no other source of income and the first review AAT decision is not in their favour. Centrelink must implement the AAT first review decision when it is in the client's favour unless it obtains a stay order from the General Division of the Administrative Appeals Tribunal.
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