Item Decision or matter Provision of ART Act Application or modification of provision of ART Act
1 A decision to which this Division applies Section 18 (when to apply for review) The section does not apply
5 A decision to which this Division applies, other than an employment pathway plan decision Section 54 (ART can exercise powers of decision‑maker) The section does not apply in relation to a power or discretion conferred by the social security law on the Secretary under the following provisions:(a) a provision dealing with the form and place of lodgement of a claim;(b) a provision dealing with the manner of payment of a social security payment;(c) section 1061ZZGC of the 1991 Act;(d) section 1233 of the 1991 Act;(e) a provision dealing with the giving of a notice requiring information;(f) section 1100 of the 1991 Act;(g) section 131 or 145 of this Act;(h) a provision dealing with the imposition of requirements before the grant of a social security payment;(i) a provision dealing with the deduction of amounts from payments of a social security payment for tax purposes
6 An employment pathway plan decision Section 54 (ART can exercise powers of decision‑maker) The section does not apply
6A An employment pathway plan decision Section 105 (ART decision on review of reviewable decision) The section has effect as if the following were omitted:(a) paragraph (b);(b) subparagraph (c)(i)
8 Date of effect of decision on ART review, other than an ART decision in relation to an employment pathway plan decision Subsections 108(4) and (5) (time of effect for ART decision) The subsections have effect as if the reviewable decision had taken effect on the day a person made the first review application in relation to the decision, if:(a) the person is given written notice of the decision under the social security law; and(b) the person makes the first review application more than 13 weeks after the notice was given; and(c) on ART review, the ART varies the decision or sets the decision aside; and(d) the effect of the ART’s decision is:(i) to grant the person’s claim for a social security payment or a concession card; or(ii) to direct the making of a payment of a social security payment to the person or the issue of a concession card to the person, as the case may be; or(iii) to increase the rate of the person’s social security payment
9 A decision to which this Division applies Section 268 (requesting reasons for reviewable decision from decision‑maker) The section does not apply
(2) For the purposes of item 8 of the table in subsection (1), the first review application in relation to a reviewable decision is:
(a) the application for ART review of the reviewable decision; or
(b) if more than one such application has been made—the application that was made first.
147A Operation and implementation of decision under ART review
Subsection 32(2) (ART may stay operation or implementation) of the ART Act does not apply in relation to a proceeding for ART review.
147B Remitting decisions for reconsideration
Section 85 (ART may remit decision to decision‑maker for reconsideration) of the ART Act does not apply in relation to a proceeding for ART review.
147C Legal or financial assistance
(1) Subsection 294(1) (legal or financial assistance for applicants) of the ART Act does not apply in relation to:
(a) a person who proposes to apply to the ART for ART review; or
(b) a person who applies to the ART for ART review, unless the proceeding in relation to the application is a guidance and appeals panel proceeding.
(2) Subsection 294(3) (legal or financial assistance for other parties) of the ART Act does not apply in relation to a proceeding for ART review unless the proceeding is a guidance and appeals panel proceeding.
(3) Subsection 294(4) (legal or financial assistance for court proceedings) of the ART Act does not apply in relation to a matter that relates to a proceeding for ART review unless the proceeding is a guidance and appeals panel proceeding.
Subdivision D—ART review: other matters
148 Procedure on receipt of application for certain ART reviews
(1) The ART may, in relation to an application for ART review, request the Secretary to lodge with the ART the statement and other documents referred to in section 23 (decision‑maker must give ART reasons and documents—general rule) of the ART Act before the end of the period that otherwise applies.
(2) If the ART does so, the Secretary must take reasonable steps to comply with the request.
(3) Nothing in this section prevents the operation of subsection 28(4) of the ART Act (which allows the ART to shorten the period for giving documents).
165A ART’s power to obtain information for ART review
(1) If the ART reasonably believes that a person has information that is relevant to an ART review and the person is not a party to the review, the ART may, by written notice given to the person, require the person to give to the ART, within the period and in the manner specified in the notice, any such information.
Note: Section 74 of the ART Act deals with the ART’s power to summon a person to give evidence or produce documents.
(2) A person commits an offence if:
(a) the ART gives the person a notice under subsection (1); and
(b) the person fails to comply with the notice.
Penalty: Imprisonment for 6 months or 30 penalty units, or both.
(3) Subsection (2) does not apply if complying with the notice might tend to incriminate the person.
166 Exercise by Secretary of powers under section 192
(1) The ART may ask the Secretary to exercise the Secretary’s powers under section 192 if the ART reasonably believes that a person will be able to give information, or produce a document, that is relevant to an ART review of a decision.
(2) The Secretary must comply with a request under subsection (1) as soon as practicable and, in any event, within 7 days after the request is made.
(3) Section 191A does not apply to the Secretary when complying with a request under subsection (1).
168 Hearing of certain ART reviews in private
(1) This section applies in relation to a proceeding for ART review if the ART is constituted for the purposes of the proceeding otherwise than by the guidance and appeals panel.
(2) The hearing of the proceeding must be in private.
(3) The ART may give directions, in writing or otherwise, as to the persons who may be present at the hearing of the proceeding.
(4) In giving directions, the ART must have regard to the wishes of the parties and the need to protect their privacy.
(5) Section 69 (hearings to be in public unless practice directions or ART order requires otherwise) of the ART Act does not apply in relation to the hearing of the proceeding.
176 Costs of review
(1) Subject to subsection (4), a party to an ART review must bear any expenses incurred by the party in connection with the review.
(2) The ART may determine that the Commonwealth is to pay the reasonable costs that are:
(a) incurred by a party for travel and accommodation in connection with the review; and
(b) specified in the determination.
(3) If the ART arranges for the provision of a medical service in relation to a party to the review, the ART may determine that the Commonwealth is to pay the costs of the provision of the service.
(4) If the ART makes a determination under subsection (2) or (3), the costs to which the determination relates are payable by the Commonwealth.
177 Assessment of rate of social security payment
If, on ART review, the ART sets aside a decision (other than an employment pathway plan decision) and substitutes for it a decision that a person is entitled to a social security payment, the ART must:
(a) assess the rate at which the social security payment is to be paid to the person; or
(b) ask one of the following persons to assess the rate at which the social security payment is to be paid:
(i) for a decision in relation to a pension bonus or pension bonus bereavement payment—the Secretary;
(ii) for other decisions—the Secretary or the Chief Executive Centrelink, as the case requires.
181 Settlement of proceedings before the ART
(1) The Secretary may agree, in writing, with other parties to settle proceedings before the ART that relate to the recovery of a debt.
(2) If proceedings are settled and the Secretary gives the ART a copy of the agreement to settle the proceedings, the application for review of the decision the subject of the proceedings is taken to have been dismissed.
182 Variation or substitution of decision before ART review determined
(1) If an officer varies or substitutes a decision after an application has been made to the ART for ART review of the decision, the application is taken to be an application for review of the decision as varied or substituted.
(2) However, if the President of the ART refers the application to the guidance and appeals panel under section 122 of the ART Act, section 31 (decision cannot be altered outside Tribunal process) of that Act applies to the decision after the referral is made.
183 Secretary or ART may treat event as having occurred
If:
(a) on ART review of a decision, the ART sets the decision aside; and
(b) the Secretary or the ART, as the case may be, is satisfied that an event that did not occur would have occurred if the decision had not been made;
the Secretary or the ART may, if satisfied that it is reasonable to do so, treat the event as having occurred for the purposes of the social security law.
Part 5—Information management
Division 1—Information gathering
191 Application of Division
This Division:
(a) binds the Crown in each of its capacities; and
(b) extends to:
(i) acts, omissions, matters and things outside Australia, whether or not in a foreign country; and
(ii) all persons, irrespective of their nationality or citizenship.
191A Reasonable belief needed to require information or documents
The Secretary can only require a person to:
(a) give information; or
(b) produce a document;
under this Division if the Secretary reasonably believes that the person will be able to give the information or produce the document.
192 General power to obtain information
The Secretary may require a person to give information, or produce a document, to the Department if the Secretary considers that the information or document may be relevant to one or more of the following:
(a) the question whether a person who has made a claim for a social security payment is or was qualified for a social security payment;
(aa) the question whether a person is or was qualified for a social security payment for which a claim is not required;
(b) the question whether a social security payment is payable to a person who is receiving the payment;
(c) the question whether a social security payment was payable to a person who has received the payment;
(d) the rate of social security payment that is or was applicable to a person;
(daa) the operation of Division 3AA or 3A of Part 3;
(da) the question whether a person who has made a claim under the Social Security (Fares Allowance) Rules 1998 was eligible for fares allowance;
(daaa) the operation of Part 3AA;
(db) the operation of Part 3B;
(e) the administration of an agreement between Australia and a foreign country on social security matters;
(f) the question whether a person who has been granted a concession card is or was qualified for the card;
(g) the question whether a person who has applied for financial supplement is eligible for the supplement;
(h) the question whether a person who has obtained a financial supplement is or was eligible for the supplement;
(i) the determination of the maximum amount of financial supplement that a person is eligible for;
(j) the question whether an assurance of support given under Chapter 2C of the 1991 Act should be accepted or rejected;
(k) an inquiry or investigation into a matter mentioned in any of the above paragraphs.
193 Power to obtain information from a person who owes a debt to the Commonwealth
The Secretary may require a person who owes a debt to the Commonwealth under or as a result of the social security law:
(a) either to:
(i) give to the Department information that is relevant to the person’s financial situation; or
(ii) produce to the Department a document that is relevant to the person’s financial situation; and
(b) if the person’s address changes—to inform the Department of the new address within 14 days after the change.
194 Obtaining information about a person who owes a debt to the Commonwealth
The Secretary may require a person to give information, or produce a document, to the Department if the Secretary considers the information or document:
(a) would help the Department locate another person (the debtor) who owes a debt to the Commonwealth under or as a result of the social security law; or
(b) is relevant to the debtor’s financial situation.
195 Obtaining information to verify claims etc.
(1) The Secretary may require a person to give information about a class of persons to the Department for any or all of the following purposes:
(a) to detect cases in which amounts of social security payment under the social security law have been paid when they should not have been paid;
(b) to detect cases in which concession cards have been granted to persons to whom they should not have been granted;
(c) to verify the qualification of persons who have made claims for social security payments under the social security law for those payments;
(caa) to facilitate the administration of Part 3AA;
(ca) to facilitate the administration of Part 3B;
(cb) to facilitate the administration of Part 3C (schooling requirements);
(d) to verify the eligibility of persons who have applied for financial supplement.
(2) The information that the Secretary may require about each person in the class of persons is all or any of the following information (but no other information):
(a) full name and any previous name;
(b) address;
(c) sex;
(d) marital status;
(e) date of birth;
(f) date of death;
(g) dates of entries into and departures from Australia;
(h) any payments received by the person from the person given the notice, within the period of 52 weeks before the giving of the notice, and the account number of the account into which any of those payments were paid;
(ha) in relation to any legal or equitable estate or interest in real property held by the person:
(i) the name of the owner of the property;
(ii) the address of the property;
(iii) the details of the title documents for the property;
(i) in relation to a course of study (including an accelerator program course) being undertaken by the person:
(i) the name of the educational institution that the person is attending; and
(ii) the name of any educational institution previously attended by the person; and
(iii) the person’s enrolment status; and
(iv) the person’s student identification number; and
(v) the name of the course; and
(vi) the course code; and
(vii) the date on which the course started or starts; and
(viii) the date on which the course ends; and
(ix) the subject or unit code; and
(x) the normal full‑time study work load for the course; and
(xi) indicators of the person’s work load, including (but not limited to) effective full‑time student units, credit points, contact hours, number of subjects undertaken and number of assignments completed; and
(xii) the number of semesters required to complete the course; and
(xiii) the date on which the person first attended, or will first attend, the course; and
(xiv) the date on which the person last attended, or will last attend, the course; and
(xv) whether the person has discontinued the course and, if the person has discontinued the course, the date on which it happened; and
(xvi) details of any unapproved absences from the course; and
(xvii) the results or grade obtained by the person; and
(xviii) the amount or value of a disqualifying accommodation scholarship or disqualifying education costs scholarship received by the person; and
(xix) if the course is an accelerator program course—whether the person is entitled to STARTUP‑HELP assistance for the course;
(j) in relation to any employment of the person by the person given the notice:
(i) the date on which the person’s employment started; and
(ii) the date on which the person’s employment ended;
(ja) in relation to an income stream received by the person:
(i) the type of income stream; and
(ii) a unique identifier allocated to the income stream (also known as a product reference number); and
(iii) the date on which the income stream was purchased; and
(iv) the purchase price; and
(v) the commencement day; and
(vi) the date of the first payment under the income stream; and
(vii) the relevant number; and
(viii) the account balance of the income stream as at the date of the notice; and
(ix) the account balance of the income stream on 1 July of the financial year in which the notice is given; and
(x) for every payment made under the income stream in the 52 weeks before the date of the notice—the gross amount of the payment, the date on which it was paid and, if the payment is paid as a lump sum, the period to which the payment relates; and
(xi) for every payment to be made under the income stream in the 52 weeks after the date of the notice—the gross amount of the payment and the date on which it is to be paid; and
(xii) the date on which, rate at which and way in which the income stream is indexed; and
(xiii) the residual capital value; and
(xiv) if there is a reversionary beneficiary to which the income stream reverts on the death of the person—the name of the reversionary beneficiary and the percentage of the income stream that the reversionary beneficiary will receive; and