Administrative Review Tribunal (ART) first review scrutiny and implementation, ART second review, Guidance and Appeals Panel and Court Appeals 109-03050000

After the ART has made a decision, they send an electronic copy of the decision and any additional evidence lodged directly with the ART to the Litigation Branch.

Note: the ART also sends a copy of the documents to the Appeals Branch Support team who upload the documents to the customer record and take no further action. See Administration requirements for Administrative Review Tribunal (ART) hearing.

The Litigation Branch will note the return of the decision documents by running the ART1 and NSO Review - Referral and Recording script. This will record the ART decision in the Appeals Management System (APL).

Clearance from the Litigation Branch must be obtained before implementing an ART decision. The policy department may decide to appeal the decision and seek a 'stay order' from the ART (an order not to implement the decision until the ART second review has been completed).

• Run the ART1 APL Implement Decision Fast Note select Auto text, use Appeals > ART Implementations > ART1 APL-Implement decision and provide clearance to implement the decision
• Add the following keywords:
• !AATFIN
• ROD*** (*** is the Region of Decision of the Subject Matter Expert, for example RODTCH, RODDIS, RODFCC)

If necessary, the decision documents will be forwarded to the most appropriate team for action.

In all cases, implement decisions as soon as possible and within 30 calendar days:

• Before implementing the decision, check the record to determine what the original decision related to. If the original decision was a result of a Compliance Intervention, see further information below
• Implement the decision in accordance with the directions of the Litigation Branch
• Once the decision has been implemented run the Appeal Decision Implementation script
• Record details of the decision in the free text area of the DOC automatically created by the script
• If the Appeal Decision Implementation script cannot be run:
• Go to the APL system in Customer Record
• Go to the Case List (ACL) screen
• Select the relevant APL
• Go to the Add ALS Scrutiny - ART1 (AES) screen
• Enter the date the implementation was received in the Received in RO Date: field
• Enter the date the decision was implemented in the Implementation by RO Date: field
• Create a DOC and include:
  The date the decision was implemented
  Action taken to update the customer's record per the Litigation Branch instructions
• Ensure the customer is notified of the implementation in writing. If no automatic advice issues, complete and send a Q999 letter to the customer confirming the ART decision has now been implemented and explaining the effect of the implementation. For example, 'This letter is to inform you that the Administrative Review Tribunal decision of (DATE) has been implemented. Debt number Xxxxxxx has been increased to $xxx.xx'

Note: there is no standard text for the Q999 letter as the text will depend on the decision being implemented.

The Litigation Branch will retain the decision documents if an application for an ART second review is to be lodged.

All ART implementations for Compliance Intervention processes are allocated to specific sites by email from the Compliance Program Team.

If an ART implementation that is related to a Compliance Intervention process (for example, earned or unearned income, qualification, relationship or study load) is:

• received through Work Optimiser, or
• contact is received from the customer, and
• the staff member has not received the implementation email from the Compliance Program Team
• Do not take any action on the ART implementation
• Email Compliance Program Team. Include details of how the work item was received (for example, ready for work function, manual allocation) and the CRN for the customer
• If the customer is on the phone, tell them their enquiry will be referred to the appropriate team, who will contact them

Note: this direction also applies to ART implementations which may include multiple appeals, one of which may be related to a Compliance Intervention process.

When the ART makes a first review decision, they advise the customer of the outcome and how they can apply for an ART second review. An application to the ART for second review cannot be accepted by the agency.

All ART second review applications are allocated to a Litigation Branch lawyer. Direct enquiries about the review progress to the lawyer responsible for the case.

To find the lawyer's logon details in the appeals system, refer to the ART2 Appeal Display on Access (DOA) DOC on record

The Litigation Branch will upload any additional documents that directly relate to the customer’s entitlement or the appeal to the customer’s record.

The Litigation Branch may contact the relevant service centre or smart centre to ask for assistance with an ART second review.

They may request:

• a stay order be implemented
• a pause on debt recovery pending the ART outcome
• information about office procedures
• a Service Officer who was involved in the case to give evidence at a hearing
• a Job Capacity Assessment (JCA) appointment be arranged. See Reviews and appeals for Disability Support Pension (DSP) rejection or cancellation decisions

To request action by an implementing officer/team:

• run the ART2 action required Fast Note select Auto text, use Appeals > ART Implementations > ART2 action required and provide clearance to implement the decision
• add the following keywords:
• !AATFIN
• ROD*** (*** is the Region of Decision of the Subject Matter Expert, for example RODTCH, RODDIS, RODFCC)

In all cases, action the ART2 request as soon as possible and within 7 working days. Code the action needed in accordance with the directions from the Litigation Branch.

Once the required action has been coded, DOC the record with the outcome.

Note: clearance from the Litigation Branch must be obtained before implementing an ART second review decision. The policy department may decide to appeal the decision and seek a Federal Court 'stay order' (to not implement the decision until the Federal Court has reviewed the matter).

• Run the ART2 Implement Decision Fast Note: select Auto text, use Appeals > ART Implementations > ART2 APL-Implement Decision to advise the most appropriate team of the outcome of the ART2 review and the action to be taken
• Add the following keywords:
• !AATFIN
• ROD*** (*** is the Region of Decision of the Subject Matter Expert, for example RODTCH, RODDIS, RODFCC)

If necessary, the decision documents will be forwarded to the most appropriate team for action.

In all cases, implement decisions as soon as possible and within 30 calendar days:

• Before implementing the decision, check the record to determine what the original decision related to. If the original decision was a result of a Compliance Intervention, see further information below
• Implement the decision in accordance with the directions of the Litigation Branch
• Once the decision has been implemented, run the Appeal Decision Implementation script
• Record details of the decision in the free text area of the DOC automatically created by the script
• If the Appeal Decision Implementation script cannot be run
• Go to the APL system in Customer Record
• Go to the Case List (ACL) screen
• Select the relevant APL
• Go to the Add ALS Scrutiny - ART2 (AEA) screen
• Enter the date the implementation was received in the Received in RO Date: field
• Enter the date the decision was implemented in the Implementation by RO Date: field
• Create a DOC and include:
  The date the decision was implemented
  Action taken to update the customer's record per the Litigation Branch instructions
• Ensure the customer is notified of the implementation in writing. If no automatic advice issues, complete and send a Q999 letter to the customer confirming the ART decision has now been implemented and explaining the effect of the implementation. For example, 'This letter is to inform you that the Administrative Review Tribunal decision of (DATE) has been implemented. Debt number Xxxxxxx has been increased to $xxx.xx'

Note: there is no standard text for the Q999 letter as the text will depend on the decision being implemented.

All ART implementations for Compliance Intervention processes are allocated to specific sites by email from the Compliance Program Team.

If an ART implementation that is related to a Compliance Intervention process (for example, earned or unearned income, qualification, relationship or study load) is:

• received through Work Optimiser, or
• contact is received from the customer, and
• the staff member has not received the implementation email from the Compliance Program Team
• Do not take any action on the ART implementation
• Email Compliance Program Team. Include details of how the work item was received (for example, ready for work function, manual allocation) and the CRN for the customer
• If the customer is on the phone, tell them their enquiry will be referred to the appropriate team, who will contact them

Note: this direction also applies to ART implementations which may include multiple appeals, one of which may be related to a Compliance Intervention process.

Customer initiated requests for review by the GAP:

• A customer can apply to the ART for a GAP review of a non-eligible social services decision
• An application to the GAP cannot be accepted by the agency
• Advise the customer to submit an application for review by the GAP by completing a GAP Referral Request form available on the ART website

Referral to the GAP by the President of the ART:

• The President of the ART may refer any matter before the ART to the GAP for review
• Where approved, the review by the GAP will replace an unfinalised ART first or second review

All referrals to the GAP are allocated to a Litigation Branch lawyer. Direct enquiries about the review progress to the lawyer responsible for the case.

The Litigation Branch will upload any additional documents that directly relate to the customer’s entitlement or the appeal to the customer’s record.

The Litigation Branch may contact the relevant service centre or smart centre to ask for assistance with a GAP review.

They may request:

• a stay order be implemented
• a pause on debt recovery pending the GAP outcome
• information about office procedures
• a Service Officer who was involved in the case to give evidence at a hearing
• a Job Capacity Assessment (JCA) appointment be arranged. See Reviews and appeals for Disability Support Pension (DSP) rejection or cancellation decisions

To request action by an implementing officer/team:

• run the ART2 action required Fast Note: select Auto text, use Appeals > ART Implementations > ART2 action required to advise the most appropriate team to action the GAP action request
• add the following keywords:
• !AATFIN
• ROD*** (*** is the Region of Decision of the Subject Matter Expert, for example RODTCH, RODDIS, RODFCC)
• Update all references from ART2 to GAP

In all cases, action the GAP request as soon as possible and within 7 working days. Code the action needed in accordance with the directions from the Litigation Branch.

Once the required action has been coded, record a DOC with the outcome.

Note: clearance from the Litigation Branch must be obtained before implementing a GAP review decision. The policy department may decide to appeal the decision and seek a Federal Court 'stay order' (to not implement the decision until the Federal Court has reviewed the matter).

• Run the ART2 action required Fast Note: select Auto text, use Appeals > ART Implementations > ART2 APL-Implement Decision to advise the most appropriate team to action the GAP action request
• Add the following keywords:
• !AATFIN
• ROD*** (*** is the Region of Decision of the Subject Matter Expert, for example RODTCH, RODDIS, RODFCC)
• Update all references from ART2 to GAP

If necessary, the decision documents will be forwarded to the most appropriate team for action.

In all cases, implement decisions as soon as possible and within 30 calendar days:

• Implement the decision in accordance with the directions of the Litigation Branch
• Once the decision has been implemented,
• Go to the APL system in Customer Record
• Go to the Case List (ACL) screen
• Select the relevant APL
• Go to the Add GAP Decision (AGD) screen
• Enter the date the implementation was received in the Received in RO Date: field
• Enter the date the decision was implemented in the Implementation by RO Date: field
• Create a DOC and include:
  The date the decision was implemented
  Action taken to update the customer's record per the Litigation Branch instructions
• Ensure the customer is notified of the implementation in writing. If no automatic advice issues, complete and send a Q999 letter to the customer confirming the GAP decision has now been implemented and explaining the effect of the implementation. For example, 'This letter is to inform you that the Administrative Review Tribunal decision of (DATE) has been implemented. Debt number Xxxxxxx has been increased to $xxx.xx'

Note: there is no standard text for the Q999 letter as the text will depend on the decision being implemented.

All GAP review implementations for Compliance Intervention processes are allocated to specific sites by email from the Compliance Program Team.

If a GAP review implementation that is related to a Compliance Intervention process (for example, earned or unearned income, qualification, relationship or study load) is:

• received through Work Optimiser, or
• contact is received from the customer, and
• the Service Officer has not received the implementation email from the Compliance Program Team
• Do not take any action on the GAP review implementation
• Email Compliance Program Team. Include details of how the work item was received (for example, ready for work function, manual allocation) and the CRN for the customer
• If the customer is on the phone, tell them their enquiry will be referred to the appropriate team, who will contact them

Note: this direction also applies to GAP review implementations which may include multiple appeals, one of which may be related to a Compliance Intervention process.