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Review and appeal procedures for Agreement decisions 106-04005000



This document outlines the review and appeal rights and processes for customers who receive an Australian pension under an Agreement or a foreign pension from an Agreement country.

Review and appeals of Agreement decisions

This table describes the process for reviews and appeals that are affected by social security agreements.

Step

Action

1

Requesting a review + Read more ...

Is the customer requesting a review of a decision about an Australian payment?

2

Reviews of decisions about Australian payments + Read more ...

Follow the normal procedures for reviews of decisions about Australian payments for customers paid under an Agreement, or who are outside Australia. See Initial contact about a decision and the review of decision process.

Is the customer outside Australia and needing to provide documents for the review?

3

Document lodgement + Read more ...

For a customer in Agreement country, review documents may be lodged with the social security authorities in that country. Contact details for foreign pension authorities are in the CODES facility.

The date of lodgement of the documents in the Agreement country will be the date of receipt in Australia.

Note: this does not apply to documents for reviews by the Administrative Review Tribunal (ART). The date of lodgement of documents for ART reviews will always be the date they are received by the ART.

Is the customer in an Agreement country?

  • Yes, advise the customer they can either send the documents to Services Australia. or lodge them with the social security authority in the Agreement country
  • No, advise the customer they will need to arrange to send any documents to Services Australia

Procedure ends here.

4

Review of decisions from another country + Read more ...

Customers may seek help with a review of a decision by a foreign pension authority. The agency can help with decisions made by the foreign pension authority in an Agreement country.

Is the customer requesting help with a review of a decision made by a foreign pension authority in an Agreement country?

  • Yes, go to step 5
  • No, the agency cannot help. The customer will need to contact the foreign pension authority directly. Contact details for foreign pension authorities are in the CODES facility. Procedure ends here

5

Reviews of decisions from an Agreement country + Read more ...

The agency can help with review requests and sending documents or certified copies of documents to the foreign pension authority in the Agreement country.

Access services staff are expected to help with review requests and receiving or copying documents. However, International Services (CIS) staff are responsible for sending review requests and related documents to the foreign pension authority in the Agreement country under agreed arrangements.

Do not scan documents for foreign pension authorities.

Staff in Access Services

If appropriate, accept any documents for the review, or make certified copies of original documents and return them to the customer. Date stamp all documents.

Do not scan documents for foreign pension authorities.

Transfer the case to International Services (CIS). CIS contact details for staff.

CIS only

Create a liaison indicating the request for review, including any details provided by the customer. Attach any documents received for the review. Send the liaison form via the normal channels for that country. See Agreement liaisons, NZ CICs and exchange of information.