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Debts arising from Administrative Review Tribunal (ART) stay orders 107-04080040



This document outlines information about debts which result from a customer receiving payment in excess of their entitlement because of an order of the Administrative Review Tribunal (ART). The ART is a body which provides independent review of administrative decisions made by both the Australian Commonwealth government and some non-government bodies.

Raising the debt

Step

Action

1

A customer does not agree with an unfavourable decision. + Read more ...

The customer requests a review of the decision. This may progress to the Administrative Review Tribunal (ART).

The ART can issue a stay order decision. This allows the payment to continue at the rate it was before the unfavourable decision. The ART will determine the date of effect.

Legal Services Division will DOC any ART stay order decision and contact the Decision Maker (DM) to advise outcome.

Does the ART order payment to continue at the rate it was prior to the unfavourable determination until the review or appeal is finalised?

2

ART review of customer's appeal is finalised + Read more ...

After the appeal review is completed Legal Services Division will record the ART decision in a DOC.

Did the ART's review decision restore the customer's previous entitlement?

3

Is there a legally recoverable ART stay order debt? + Read more ...

Refer to the ART decision on the customer file to determine if there is an overpayment.

Contact your Legal Services Division advocate where:

  • assistance is required to determine if a stay order has caused a debt, or
  • there is no documentation on the customer's file stating the date of effect for the ART stay order decision

Is a debt is to be raised?

4

Raising the debt on the customer record + Read more ...

Raise the debt on the customer's record. Ideally create a debt shell on the record by correcting any coding that the ART stay order originally applied. This ensures record correctness.

If that is not possible, then manually create the debt.

5

Send the account payable letter + Read more ...

Send the account payable letter.