The SSAT is directed to provide a review mechanism that is "fair, just, economical, informal and quick" (s.141 SSA Act). A person affected by a decision of Centrelink under the social security law may appeal to the SSAT (s.142 SSA Act).

Note that a separate complaints mechanism exists through the Centrelink Customer Relations unit (tel: 1800 050 004) and the Commonwealth Ombudsman where a person is dissatisfied with the actions of a Centrelink worker or a Centrelink process but redress is not available through the SSAT (e.g because the decision is legally correct). (See: Chapter 21*4 Ombudsman for contact details.)

An appeal to the SSAT can be made:

Time limits

There is no time limit for an appeal. However, if the appeal is lodged more than 13 weeks after receiving the Centrelink decision, any new decision can only take effect from the date of the appeal (s.152(4) SSA Act). This rule effectively restricts arrears, where payable, and there is no discretion to extend the period for lodgment of appeals.

Note that this rule, which also applies at the ARO stage, does not apply where written notification of the decision in question is not sent and does not impose a time limit on a person appealing against a debt decision. This rule also does not apply to family tax benefit decisions where different rules and time frames apply.

When an appeal is made to the SSAT, Centrelink must send the SSAT a full statement of reasons for its decision and a copy of every relevant document in its possession (s.157(3) SSA Act). The SSAT must then provide a copy of the statement of reasons to the person appealing (s.158 SSA Act). The SSAT will also provide a copy of all relevant documents to the person before the hearing.

Prior to a hearing, a person can also demand access to their full records under the Freedom of Information Act 1982 (Cth) (see: Chapter 21*6 Freedom of Information). The SSAT will generally send the person the relevant Centrelink file documents before the appeal hearing, but sometimes the person may wish for additional documents to be considered.

Prior to the hearing the SSAT may conduct a Pre-hearing Conference between the applicant, the SSAT and a Centrelink representative (s.166A SSA Act). These are rare, and may occur in particularly complex reviews. The SSAT may give directions about timelines, and what evidence is to be brought before the SSAT (although this does not limit the evidence that may be brought). If agreement is reached between the parties, the SSAT may be able to give effect to that decision without proceeding to hearing.

At the hearing the applicant may make submissions to the SSAT orally or in writing, and may be represented at the hearing by another person (s.161(3) SSA Act). A Centrelink Officer may attend the hearing, but this is rare. The hearing can be conducted by telephone or other electronic communications equipment. The SSAT will provide an interpreter if needed.

The hearing is to be informal: the SSAT is directed to act speedily and is not bound by technicalities, legal forms or rules of evidence (s.167 SSA Act). However, the SSAT can take sworn evidence (s.164 SSA Act), and require Centrelink to provide further relevant information in its possession (s.165 SSA Act). The SSAT cannot oblige any person to attend a hearing or provide information, but it can ask Centrelink to exercise its powers to demand information on behalf of the SSAT (s.166 SSA Act).

The hearing is in private (s.168) SSA Act); and the SSAT may direct a person present at the hearing to not disclose information revealed during the hearing (s.169 SSA Act).

The person appealing is generally responsible for their own costs and expenses; but the SSAT may decide to reimburse individuals for travel and accommodation expenses, and for any medical expenses where the SSAT arranges a medical examination (s.176 SSA Act).

When reviewing a Centrelink decision, the SSAT can affirm or vary the decision, set it aside and substitute a new decision or send the matter back to Centrelink for reconsideration. When reviewing a decision, the SSAT has all the powers and discretions that the SSA gives to Centrelink (s.151(1) SSA Act), with the exception of a small list of powers (s.151(2) SSA Act).

Accordingly, if the SSAT decides that the appeal should succeed, it can substitute a new decision, favourable to the person appealing, or send the matter back to Centrelink with a direction that Centrelink make a new (favourable) decision. As noted above, if the person has appealed within 13 weeks of the Centrelink decision, the SSAT decision will be backdated to the date from which the original Centrelink decision took effect; otherwise, the SSAT decision will be backdated to the date of the appeal.

Where Centrelink has cancelled, suspended or reduced a pension, benefit or allowance under the SSA, and the person affected has appealed to the SSAT, Centrelink has the power to declare that payment of the pension, benefit or allowance should continue until the appeal is decided or withdrawn (s.145 SSA Act). The SSAT cannot hear an appeal against Centrelink's decision under section (s.145). An urgent hearing should be sought instead as the decision appealed against will operate until the SSAT decides to vary it or set it aside. A person can also lodge a complaint to the Commonwealth Ombudsman if dissatisfied with actions of Centrelink.