Recovery of debts pending a reassessment, explanation or review of decision 109-04020000

Services Australia has an obligation to recover debts under the:

• Social Security Act
• Family Assistance Act
• Paid Parental Leave Act
• Student Assistance Act, and
• Public Governance, Performance and Accountability Act debts

A debtor can ask that recovery of a debt be paused when they have:

• provided new information for a reassessment of the debt
• requested an explanation of the debt by a Subject Matter Expert (SME)
• applied for a formal review of the debt by an Authorised Review Officer (ARO)
• applied for an Administrative Appeals Tribunal (AAT) first review of the debt

For more details, see Initial contact about a decision and the review of decision process.

If the debt has already had an AAT first review and a customer then lodges an application for an AAT second review, recovery can be paused if:

• an officer from the Legal Services Division representing Services Australia in proceedings makes a request to pause recovery, or
• the agency is issued with a stay order by the AAT

Customers:

• with multiple debts can only ask to pause recovery of the debts that are pending the outcome of a reassessment, explanation or review. Standard debt recovery processes apply to all other debts
• can ask to pause recovery for a determined debt that is not yet due, pending the outcome of a reassessment, explanation or review

There is no need to revoke a Departure Prohibition Order (DPO) where a customer has applied for a review. If the customer meets relevant conditions, consider a Departure Authorisation Certificate (DAC). See Issue, vary or revoke a Departure Prohibition Order (DPO).

When debt recovery is paused pending a reassessment, explanation or review of decision, transfers from over-recovered amounts of other debts can still be applied.

Special rules apply to family assistance and child care payments, see Transferring debt repayments.

Debts managed in Process Direct must be paused and restarted in Process Direct.