Administrative Appeals Tribunal (AAT) Written Submission assignment writing service

Administrative Law Assignment
(2500-word Administrative Appeals Tribunal (AAT) Written Submission)

Before getting started, please be noted that ALL of your work has to be based on AUSTRALIAN sources and authorities. If you have not complied with any of my instructions provided below, I will have to ask you to edit the essay. (For your information, this has happened quite often and I had to ask the writer to edit more than four times in one instance). Thank you for taking my work and I look forward to your awesome work.

Instructions: You will be required to provide a 2500-word written submissions based on a fictional AAT fact scenario. The scenario will include (as much as possible) tribunal documents as attachments. A more detailed description along with the assignment and other resources will be attached for your information. The aim of this assessment is to allow students an opportunity to adopt a problem-solving, process-focused approach along with practising the application of legal knowledge in the manner required by the legal profession.

You MUST footnote in accordance with the Australian Guide to Legal Citation (3rd edition)
(‘AGLC’). The AGLC is available through the UTS Library in both electronic and hardcopy forms. It is also available here: http://www.law.unimelb.edu.au/files/dmfile/FinalOnlinePDF-2012Reprint.pdf . Do not use previous editions of the AGLC as they are substantially different.

FACT SCENARIO

Mrs. Betty Smith is now 70 years old. She retired in 2012 at the age of 67. She applied for age pension on 15 August 2012. Mrs. Smith lives around the corner from her local Centrelink branch and walked into this local branch to fill in the appropriate application form for age pension.

The application form asked her to state her financial assets and financial investments. Mrs. Smith stated that she had $10,000 in financial investments as this was the amount of money she had in her everyday banking account. She omitted to tell Centrelink she had a $50,000 term deposit which would mature on 1 December 2014. As Mrs. Smith could not access the money in the term deposit, she did not consider this to be money she needed to tell Centrelink about.

The Centrelink customer services officer (CSO), Wilma, took the application form from Mrs. Smith and input the information into Centrelink’s computer system. However, Wilma mistakenly input $1,000 instead of $10,000 for Mrs. Smith’s financial investments.

On 17 August 2012, Centrelink sent Mrs. Smith a letter asking her to check her details. The letter requested Mrs. Smith to check that the amounts entered on Centrelink records were correct. The letter stated that Mrs. Smith had $1,000 in her bank account. Mrs. Smith thought this was a typing error and ignored the notice as she had filled in the application form only a couple of days earlier with $10,000.

On 30 October 2012, Centrelink sent another letter asking Mrs. Smith whether she had more than $1,000 in financial investments. Mrs. Smith, who was still recovering from her cataract operation, which she had on 15 October 2012, wanted to get her neighbour, Mr. Bye, to read the letter for her but Mr. Bye was away on holidays in the U.K. Instead, she turned the Centrelink letter into a liner for the bottom of her birdcage.

On 30 June 2013, Centrelink sent Mrs. Smith a further letter requesting her to update her financial investments if they had changed. Mrs. Smith did not read the letter and used it again to line her birdcage. During this time she was deeply upset by the death of her pet cockatoo, Bertie, who had been her pet
for 30 years.
On 1 October 2014, Centrelink sent a further letter to Mrs. Smith requesting her to update her financial investments. Mrs. Smith did not read the letter.

On 30 October 2014, Mrs. Smith received a letter from Centrelink stating she had been overpaid $21,000.50 in the age pension between 15 August 2012 and 1 October 2014 which was a debt owed to the Commonwealth.

Centrelink has recovered half the debt in a lump sum and the remainder is being deducted from her age pension payments in instalments.

BRIEF FOR THE APPLICANT

You are the legal representative for Mrs. Betty Smith, the Applicant in this application.

Mrs. Smith has made an application to the Administrative Appeals Tribunal (AAT) seeking a review of the decision of the Social Security Appeals Tribunal (SSAT). The SSAT has affirmed a decision by a Centrelink Authorised Review Officer (ARO) that Mrs. Smith has been overpaid the age pension and has therefore incurred a debt to the Commonwealth.

Centrelink is the service provider for the Respondent in this application: the Secretary of the Department of Human Services.

From the information provided, you must prepare and present arguments to the AAT as to why Mrs. Smith does not owe the Commonwealth a debt and an alternative argument that if she does owe a debt, why the debt should be waived.

Your argument must be in the form of submissions and should cite relevant case law and sections of the relevant Act(s) to support your arguments.

NOTE: The calculation of Mrs. Smith’s debt and overpayment is NOT an issue. Please assume that she qualifies for the age pension; that her rate of pension is correct on the basis of the information she gave to Centrelink, and the debt amount has been calculated correctly.

BRIEF FOR THE RESPONDENT

You are the legal representative for the Secretary of the Department of Human Services, the Respondent in this application.

Mrs. Betty Smith, the Applicant in this application, has made an application to the Administrative Appeals Tribunal (AAT) seeking a review of the decision of the Social Security Appeals Tribunal (SSAT). The SSAT has affirmed a decision by a Centrelink Authorised Review Officer (ARO) that Mrs. Smith has been overpaid the age pension and has therefore incurred a debt to the Commonwealth. Centrelink is the service provider for the Respondent.

From the information provided, you must prepare and present arguments to the AAT as to why Mrs. Smith owes the Commonwealth a debt and why that debt should not be waived.

Your argument must be in the form of submissions and should cite relevant case law and sections of the relevant Act(s) to support your arguments.

SECTION 37 DOCUMENTS (T DOCUMENTS)

AAT No: 2015/0001
Applicant: Betty Smith
Respondent: Secretary of the Department of Community Services

INDEX TO DOCUMENTS

T1 Page

1-5 Date

30/03/15 Description

Decision of the Social Security Appeals Tribunal

T2
6
15/01/12
Financial statement from RichBank

T3
7
17/08/12
Centrelink notice issued to Mrs. Smith – Confirm details

T4
8
01/09/12
Financial statement from RichBank

T5
9
30/10/12
Centrelink notice issued to Mrs. Smith – Rights and responsibilities

T6
10-11
01/12/12
Financial statement from RichBank

T7
12
15/01/13
Financial statement from RichBank

T8
13
30/06/13
Centrelink Notice issued to Mrs. Smith

T9
14-15
01/09/13
Financial statement from RichBank

T10
16
15/01/14
Financial statement from RichBank

T11
17
01/10/14
Centrelink notice issued to Mrs. Smith – Rights and responsibilities

T12
18
30/10/14
Centrelink notice issued to Mrs. Smith – Request for payment of debt

T13
19-20
01/12/14
Financial statement from RichBank

T14
21-22
01/02/15
Statement of Mrs. Smith

APPEAL NO S0001

APPLICANT Mrs. Betty Smith

DECISION UNDER REVIEW

A decision made by a Centrelink officer on 30 October 2014, as affirmed by an Authorised Review Officer on 5 January 2015, to raise and recover a debt of age pension of $21,000.50 for the period 15 August 2012 to 1 October 2014.

HEARING BY TRIBUNAL

The application was heard on 30 March 2015 in Sydney.

The members of the Tribunal were A. Judge Presiding Member

A. Law Member

ATTENDANCE

Mrs. Smith attended the hearing and spoke to the Tribunal.

DECISION OF THE TRIBUNAL

On 30 March 2015 the Tribunal decided to affirm the decision under review. This means the appeal was unsuccessful.

DATE OF DESPATCH

30 March 2015

REASONS FOR DECISION HISTORY:

1. Mrs. Smith has been in receipt of age pension since 15 August 2012.

2. On 14 November 2014 a Centrelink officer made a decision to raise and recover a debt of age pension of $21,000.50 in respect of the period
15 August 2012 to 1 October 2014.

3. Mrs. Smith requested a review of this decision. The decision was reviewed and affirmed by an Authorised Review Officer (ARO) on 5 January 2015.
4. On 6 January 2015 Mrs. Smith appealed to the Social Security Appeals Tribunal (“the Tribunal”). Half of the debt had been repaid by the date of the hearing.

ISSUES

5. The issues for determination by the Tribunal are:

– Did Mrs. Smith receive age pension in excess of her entitlement for the period 15 August 2012 to 1 October 2014?
– If so, is the excess payment a debt?

– If it is, is the debt recoverable?

INFORMATION PROVIDED AT THE HEARING

6. Mrs. Smith provided the following information to the Tribunal on the day of the hearing:
– She thought Centrelink would update their information about how much money she had in her bank account automatically.
– When Centrelink asked her to inform them of her financial investments she didn’t include the term deposit because she did not have immediate access to those funds.

–

She had a cataract operation in October 2012. She wanted her neighbour, Mr. Bye, to help her read the letters but he was on a holiday in the Cotswolds U.K, so she didn’t read the letters while he was away. After the operation she could read the letters but found that it strained her eyes and made her eyes weepy. She said she could read properly for about three days after the operation but she didn’t read the letters because she had misplaced her glasses.
– She suffered depression when her pet cockatoo, Bertie, died, her best friend for 30 years. She did not receive medication for this depression, but she withdrew from socialising and spent more time at home.
– She read the letter of 17 August 2012 but thought it was a mere typographical error and that since she had given the information only a couple of days before she didn’t need to do it again.
– She did not read the other letters from Centrelink because she thought she was receiving the correct pension rate so didn’t think anything was wrong, she thought her details were correct.
– Repayment of the debt has caused her stress. She now has less than $1,000 in her everyday bank account, and is finding it difficult to pay bills and the rent.
– Her husband died five years ago, she has been lonely ever since; he used to handle their financial matters.

DOCUMENTS

7. The Tribunal had access to Mrs. Smith’s Centrelink paper and electronic files. The Tribunal had particular regard to the following documents:
– Details of Mrs. Smith’s savings balances during the period under review;
– Mrs. Smith’s Centrelink file including payment summaries, debt calculations, debt recovery actions, contact records, ARO letter and decision; and

– Centrelink letters to Mrs. Smith dated 17 August 2012, 30 October

2012, 30 June 2013, 1 October 2014, and 30 October 2014.

DISCUSSION OF THE EVIDENCE & FINDINGS OF FACT

8. Mrs. Smith applied for age pension on 15 August 2012 in person at her local Centrelink branch.
9. On 17 August 2012 Centrelink sent Mrs. Smith a letter asking her to check her details and financial investments and to inform Centrelink if the information was incorrect. There is no record of Mrs. Smith contacting Centrelink.
10. On 30 October 2012 Centrelink sent a letter imposing certain obligations on Mrs. Smith to advise of matters which might affect her pension rate. She was asked to advise Centrelink if her financial investments were over
$1,000. There is no record of Mrs. Smith contacting Centrelink.

11. On 30 June 2013 Centrelink sent another letter, the same as in paragraph

10 above. Mrs. Smith was asked to advise Centrelink if her financial investments were over $1,000. There is no record of Mrs. Smith contacting Centrelink.
12. On 1 October 2014 Centrelink sent another letter asking Mrs. Smith to advise Centrelink if her financial investments were over $1,000. There is no record of Mrs.Smith contacting Centrelink.
13. On 30 October 2014 Centrelink sent Mrs. Smith a letter stating that she

has been overpaid $21,000.50 in age pension which she owes as a debt to the Commonwealth. Centrelink records show Mrs. Smith called Centrelink on 3 November 2014 to ask why she owed a debt to the Commonwealth.

APPLICATION OF THE LAW

14. According to the Social Security Act 1991(“the Act”), the amount overpaid is a debt to the Commonwealth.

15. Mrs. Smith has repaid part of the debt in this case and accordingly there are no grounds to write off the debt.

16. Under the Act, there is no reason to waive the right to recover the debt and there are no special circumstances that warrant the waiver of the debt.

……….. [signed]……….
A. Judge
Presiding Member for the Tribunal

▲
RichBank Smallville Branch
BSB: 342434
Term Deposit Statement

Mrs. Betty Smith
8 Peacock Place
Smallville NSW
2123

15 January 2012

Dear Mrs. Smith

Term Deposit Account Number: 342434 2612 0410 3245

Term deposit details –

Amount: $50,000

Period: 3 years

Start Date: 1 December 2011

Date of maturation: 1 December 2014

Interest amount: 3% per annum

Balance as of 15 January 2012: $50,000CR

If you have any queries regarding your term deposit please contact one of our customer services officers on 123 456, our operating hours are Monday to Friday 8.00am to 8.00pm.

Kind Regards,

Clark Kal-El

RichBank branch manager, Smallville

CRN: 0001S
Mrs. Betty Smith
8 Peacock Place
Smallville NSW
2123

17 August 2012

Dear Mrs. Smith,

Thank you for your application for age pension on 15 AUGUST 2012.

You gave Centrelink the following details. Please check that these details are correct. If these details are not correct, please contact Centrelink immediately. It is important these details are correct as your age pension will be calculated on the information you give us.

Marital status: Widowed
Dependent children: Nil Own home: No Living in an aged care facility: No Bank Accounts: Yes
$1,000 savings account
Government bonds: Nil Loans: Nil Shares or options: Nil Managed investments: Nil Other country pensions: Nil Current employment: None Own any other real estate: No Life insurance policies: Nil Disabilities: Nil

Based on the above information, your pension rate per fortnight is $695.30.

Thank you for your co-operation.
▲ T4
RichBank Smallville Branch
BSB: 362436
Everyday Account Statement

Mrs. Betty Smith
8 Peacock Place
Smallville NSW
2123

1 September 2012

Dear Mrs. Smith

Everyday Account Number: 362436 8150 2650 3280
For period beginning: 1 May 2012 and ending 31 August 2012. Opening balance: $9,288.05CR
Closing balance: $10,000CR

Transaction details: Balance:

1 June 2012 Deposit of $340.95 $9,629CR
1 July 2012 Deposit of $240 $9,869CR
1 August 2012 Deposit of $131 $10,000CR

No further transaction details for period. End of statement.

If you have any queries regarding your banking please contact one of our customer services officers on 123 456, our operating hours are Monday to Friday 8.00am to 8.00pm.

Kind Regards,

Clark Kal-El

RichBankSmallville

CRN: 0001S

Mrs. Betty Smith
8 Peacock Place
Smallville
2123

30 October 2012

Dear Mrs. Smith,

Your age pension rate per fortnight is $695.30

WHAT YOU MUST TELL US

You must tell us within 14 days (28 days if residing outside Australia) if any of these things happen, or may happen. You can tell us by writing to us, by phoning or you can come in and talk to us at any of our offices. This is an information notice given under the social security law.

INCOME
– if your combined income changes, not including financial investments;
– if you or your partner start work or recommence work;
– if you or your partner start any form of profession, trade, business or self employment;
– if you or your partner buy or sell any shares or managed investments;
– if you or your partner receive any bonus shares;
– if you or your partner receive a lump sum amount of money or one-off payment from any source;

ASSETS
– if your combined assets other than financial investments are more than $0;
– if you and your partner’s combined financial investments are more than
$1,000;
– if you or your partner start any new accounts;
– if you or your partner gift assets or sell them for less than their value;

OTHER THINGS YOU MUST TELL US
– if you stop living with your partner;
– if you divorce or your partner dies;
– if you or your partner move into a nursing home. Thank you for your co-operation.
▲ T6
RichBank
Smallville Branch
BSB: 362436
Everyday Account Statement

Mrs. Betty Smith
8 Peacock Place
Smallville NSW
2123

1 December 2012

Dear Mrs. Smith

Everyday Account Number: 362436 8150 2650 3280
For period beginning: 1 September 2012 and ending 30 November 2012. Opening balance: $10,000CR
Closing balance: $10,481.20CR

Transaction details: Balance:

2 September 2012 deposit
from Centrelink $695.30 CR $10,695.30CR

10 September 2012 withdrawal
from Smallvillebranch $600DR $10,095.30 CR

16 September 2012 deposit
from Centrelink $695.30CR $10,790.60 CR

1 October 2012 withdrawal
from Smallville branch $500DR $10,290.60CR

21 October 2012 withdrawal
from Smallville branch $150DR $10,240.60CR

2 November 2012 deposit
from Centrelink $695.30CR $10,935.90CR

4 November 2012 withdrawal
from Smallville branch $500DR $10,435.90CR

16 November 2012 deposit
from Centrelink $695.30CR $11,131.20 CR

20 November 2012 withdrawal
from Smallville branch $650DR $10,481.20 CR

No further transaction details for period.

End of statement.

If you have any queries regarding your banking please contact one of our customer services officers on 123 456, our operating hours are Monday to Friday 8.00am to 8.00pm.

Kind Regards, Clark Kal-El

RichBankSmallville
▲ T7
RichBank Smallville Branch
BSB: 342434
Term Deposit Statement

Mrs. Betty Smith
8 Peacock Place
Smallville
2123

15 January 2013

Dear Mrs. Smith

Term Deposit Account Number: 342434 2612 0410 3245

Term deposit details –

Amount: $50,000

Period: 3 years

Start Date: 1 December 2011

Date of maturation: 1 December 2014

Interest amount: 3% per annum

Balance as of 15 January 2013: $51,500CR

If you have any queries regarding your term deposit please contact one of our customer services officers on 123 456, our operating hours are Monday to Friday 8.00am to 8.00pm.
Kind regards
Clark Kal-El
RichBank Smallville

CRN: 0001S

Mrs. Betty Smith
8 Peacock Place
Smallville NSW
2123

30 June 2013

Dear Mrs. Smith,

Your age pension rate per fortnight is $733.70.

WHAT YOU MUST TELL US

Everyday Account Statement

Mrs. Betty Smith
8 Peacock Place
Smallville NSW 2123

1 September 2013

Dear Mrs. Smith

Everyday Account Number: 362436 8150 2650 3280

For period beginning: 1 June 2013 and ending 31 August 2013. Opening balance: $10,481.20CR
Closing balance: $10,855.00 CR

Transaction details: Balance:

2 June 2013 deposit
from Centrelink $695.30 CR $11,176.50CR

5 June 2013 withdrawal
from Smallville branch $650DR $10,526.50CR

16 June 2013 deposit
from Centrelink $733.70CR $11,260.20CR

19 June 2014 withdrawal
from Smallville branch $400DR $10,860.20CR

1 July 2014 withdrawal
from Smallville branch $700DR $10,160.20CR

2 July 2014 deposit
from Centrelink $733.70CR $10,893.90CR

7 July 2014 withdrawal
from Smallville branch $350DR $10,543.90CR

16 July 2014 deposit
from Centrelink $733.70CR $11,277.60CR

20 July 2014 withdrawal
fromSmallville branch $400 $10,877.60CR

2 August 2014 deposit
from Centrelink$733.70CR $11,611.30CR

5 August 2014 withdrawal
fromSmallville branch $350 $11,261.30CR

10 August 2014 withdrawal
fromSmallville branch $440 $10,821.30CR

16 August 2014 deposit
fromCentrelink $733.70CR $11,555.00CR

21 August 2014 withdrawal
from Smallville branch $700 $10,855.00CR
No further transaction details for period.

End of statement.

If you have any queries regarding your banking please contact one of our customer services officers on 123 456, our operating hours are Monday to Friday 8.00am to 8.00pm.

Kind Regards, Clark Kal-El

RichBankSmallville

▲

T10
RichBank Smallville Branch
BSB: 342434
Term Deposit Statement

Mrs. Betty Smith
8 Peacock Place
Smallville NSW 2123

15 January 2014

Dear Mrs. Smith

Term Deposit Account Number: 342434 2612 0410 3245

Term deposit details –

Amount: $50,000

Period: 3 years

Start Date: 1 December 2011

Date of maturation: 1 December 2014

Interest amount: 3% per annum

Balance as of 15 January 2008: $53,045CR

If you have any queries regarding your term deposit please contact one of our customer services officers on 134 445, our operating hours are Monday to Friday 8.00am to 8.00pm.

Kind Regards, Clark Kal-El

RichBankSmallville

CRN: 0001S

Mrs. Betty Smith
8 Peacock Place
Smallville NSW
2123

1 October 2014

Dear Mrs. Smith,

T11

Your age pension rate per week is $854.30 including Energy Supplement and Maximum pension Supplement

WHAT YOU MUST TELL US

ASSETS
– if your combined assets other than financial investments are more than $0;
– if you and your partner’s combined financial investments are more than
$1,000;
– if you or your partner start any new accounts;
– if your or your partner gift assets or sell them for less than their value;

OTHER THINGS YOU MUST TELL US
– if you stop living with your partner;
– if you divorce or your partner dies;
– if you or your partner move into a nursing home. Thank you for your co-operation.

CRN: 0001S

Mrs. Betty Smith
8 Peacock Place
Smallville NSW 2123

30 October 2014

Dear Mrs. Smith,

T12

Because you failed to advise Centrelink of increases to your bank account balances, the payments made to you between 15 August 2012 to 1 October
2014 were incorrect. We are therefore required to recover this amount.

For age pension:

15 August 2012 to 1 October 2014

$21,000.50

YOUR RIGHTS
If you think our decision is wrong, please phone us or come in to see us. We will check the facts and explain the decision. If you still do not agree, you can ask for one of our Authorised Review Officers (ARO) to look at it. The ARO is an officer who has no previous involvement in your case and if the decision is wrong, the ARO can correct it. The ARO can also tell you how you can appeal to the Social Security Appeals Tribunal (SSAT) if you still do not agree. Both the ARO review and the SSAT appeal are free.

Thank you for your co-operation.
▲
T13

RichBank Smallville Branch
BSB: 362436
Everyday Account Statement

Mrs. Betty Smith
8 Peacock Place
Smallville NSW 2123

1 December 2014

Dear Mrs. Smith

Everyday Account Number: 362436 8150 2650 3280

For period beginning: 1 September 2014 and ending 30 November 2014. Opening balance: $10,855.00CR
Closing balance: $12,239.60 CR

Transaction details: Balance:

2 September 2014 deposit
from Centrelink $733.70CR $11,588.70CR

10 September 2014 withdrawal
from Smallville branch $700DR $10,838.70CR

16 September 2014 deposit
from Centrelink $733.70 CR $11,572.60CR

17 September 2014 withdrawal
from Smallville branch $400DR $11,172.40CR

2 October 2014 deposit
from Centrelink $854.30 CR $12,026.70CR

5 October 2014 withdrawal
from Smallville branch $500DR $11,526.70CR

16 October 2014 deposit
from Centrelink $854.30CR $12,381.00CR

30 October 2014 withdrawal
fromSmallville branch $550DR $11,881.00CR

2 November 2014 deposit
from Centrelink $854.30CR $12,735.30CR

10 November 2014 withdrawal
fromSmallville branch $550DR $12,185.30CR

13 November 2014 withdrawal
fromSmallville branch $300 $11,885.30CR

16 November 2014 deposit
fromCentrelink$854.30CR $12,739.60CR

25 November 2014 withdrawal
from Smallville branch$500 $12,239.60CR

No further transaction details for period.

End of statement.

If you have any queries regarding your banking please contact one of our customer services officers on 123 456, our operating hours are Monday to Friday 8.00am to 8.00pm.

Kind Regards, Clark Kal-El

RichBankSmallville
T14

My name is Betty Smith and I reside at 8 Peacock Place Smallville in the State of NSW. I am the applicant in the Administrative Appeals Tribunal application.

I am currently 70 years old. I attended Smallville primary school and Smallville Secondary College, after leaving school I worked as a pastry chef for three years and then became a home economics teacher for Smallville Technical College. I met my husband, Ted, at the Technical College where he was head administrator and we were married in 1970.

We were unable to have children and there was a time when I became quite upset and depressed about this, however it was in or around 1982 that Ted came home with a surprise for me that he said would cheer me up and would just be like having a child. Ted revealed a birdcage and inside was a cockatoo. I fell in love with cockie straight away and as the first word he spoke sounded like “Blurtie” I named him Bertie. Apart from work, I took Bertie with me everywhere I went and we developed a special family, with Ted and me doting on that bird.

Ted became ill with bowel cancer in 2005 and after 39 years of marriage Ted died from cancer in 2009. I was very upset at this time and the only thing that kept me going was talking to Bertie.

When Ted died there was $50,000 I inherited from his superannuation. I put this money in a term deposit in December 2011. The bank manager, Clark told me I couldn’t touch this term deposit until after 3 years, so I never looked at the term deposit as having money but as having money put away.

I retired from being a teacher in May 2012; the small payout I received lasted for a few months. Then I applied for the age pension on 15 August 2012. I visited my local Centrelink branch and filled out the application form. I filled out everything correctly and disclosed that I had $10,000 in my everyday account on the application form. I took the form to Wilma, the lady at the front desk, who said she would take care of everything. As far as I was concerned I had done everything I needed to do.

When I received a letter from Centrelink on 17 August 2012 I read through this letter and could see everything was correct. I noticed that the form stated I
had $1,000 in my bank account. I thought this was a typing error as it had only been a couple of days ago when I had filled in the information and stated I had
$10,000. So whoever had typed up this letter must have mistakenly left off a zero. I did not think that Centrelink had the wrong information.

Then when I received another Centrelink letter on 30 October 2012, my eyes were still feeling a bit sensitive from a cataract operation. I thought it was best to get someone else to read the letter for me. So I went around to see if my neighbour, Mr Bye, was home, but there was no response and stuck up on the inside of the window beside the door was a handwritten note stating that Mr.
Bye was on holidays in the Cotswolds U.K.

I felt a bit upset at not getting help when I needed it and a bit perplexed as to why Centrelink had to keep sending me letters. I just felt that they should ring people if they wanted to get in touch with them. I folded the letter and made a liner for the bird cage.

When I got another letter on 30 June 2013 I became upset at just seeing the Centrelink logo and chose not to read the letter but turn it into something positive. I turned it into a cage liner. At the time I was distraught about the death of Bertie and really in hindsight I think I was a bit depressed. I didn’t often leave my house and if I did it was only to get groceries.

I got one more letter on 1 October 2014 from Centrelink which I didn’t read but folded it into a square, before receiving another notice on 30 October 2014. This latter notice I read and it stated that I owed money to Centrelink. I was shocked and bewildered. When I rang Centrelink they basically told me I had lied about how much money I had, which is totally untrue. Centrelink then recovered half the debt from my bank account and have also reduced my pension that I receive in order to recover the balance. I am finding it financially really hard to keep my head above water. Below shows how much money I get and how much I need to spend on basic living expenses.

Income and Expenditure

Total Income Per Fortnight: $854.30
Total Expenditure Per Fortnight: $850

Fortnightly Expenditure:
Rent: $500
Food: $200
Utility bills: $120
Petrol: $30

I am now faced with the situation of living beyond my means. This is causing me a lot of stress and worry and I don’t believe this is fair.
Dated this 1st day of February 2015. (signed)
Betty Smith

ADMINISTRATIVE APPEALS TRIBUNAL
OR
SMALL TAXATION CLAIMS TRIBUNAL

APPLICATION FOR REVIEW OF DECISION

This form can be used to lodge an application to the Commonwealth Administrative Appeals Tribunal (AAT) or to the Small Taxation Claims Tribunal (STCT). Please read the attached information sheet before filling out this form.

APPLICANT Title: Mr o Ms o Mrs o Miss o Other ……………….

Full name First name: Last name:

Gender
Male o Female o Date of birth

Telephone
(business)
Telephone
(home)

Your address

Your representative’s name, address and telephone number (if you have one) (If you have a representative, please put their name (with firm or company name, if any), address and telephone number in this box.)

Interpreter Do you require the assistance of an Interpreter? Yes o No o

If yes, for which language?

Disability If you have a disability and need assistance, please indicate whether:

Visual o Hearing o Wheelchair user o

Other, please specify …………………………………………………

DECISION You do not have to answer this question if you can attach a copy of the decision. If you don’t have a copy, please describe the decision briefly:

Date the decision was made
Decision
reference Please refer to the attached Information for Applicants sheet

Date you received notice of the decision

Who made the decision, if known:
Department or other body:

Address:

REASONS FOR APPLICATION What are your reasons for seeking review of this decision? Please read the Information for Applicants sheet.

SMALL TAXATION CLAIMS TRIBUNAL (STCT) MATTERS
(only answer this question if you want a tax decision reviewed in the STCT) Please read the Information for Applicants sheet for details about the STCT and the Taxation Appeals Division of the AAT before you answer.

Is the amount of tax in dispute less than $5,000? Yes ¨ No ¨

If yes, and you want your application dealt with in the STCT, please state the amount of tax in dispute.

$……..…………

If the amount of tax in dispute is over $5,000, or you do not state the amount of tax in dispute, your application will be dealt with in the Taxation Appeals Division of the AAT.

Signature

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Form 1 – 11/10 Sub-section 29(1), sub-regulation 5(1), (Administrative Appeals Tribunal Act 1975)

1. Guide to Form 1: APPLICATION FOR REVIEW OF DECISION

Use the APPLICATION FOR REVIEW OF DECISION form if you want the Administrative Appeals Tribunal (AAT) to review a decision. The AAT can review a wide range of decisions made under Commonwealth laws by the Australian Government and some non-government bodies. The AAT can also review decisions of the Norfolk Island Government.
1. COMPLETING THE FORM
Read this guide and the form carefully and answer all of the questions. If you need more space to answer a question, continue your answer on another sheet of paper and attach it to the form.
Ask the AAT if you need help filling out this form or if you need further information. When you have filled out the form, you can bring it to the AAT in person or send it to us by post, email or fax.
APPLICANT
2. Contact details
The form asks you to give us your address and phone numbers. If you want us to contact you by email or fax, please give us those details as well.
3. Representative
You can represent yourself at the AAT or you can be represented by any person you choose. If you tell us that you have a representative, we will send letters and other documents about your case to your representative, instead of sending them to you.
4. Interpreter
If you need an interpreter, we will arrange for a qualified interpreter to assist you. Please let us know if you speak a particular dialect.
5. Disability
If you have a disability and need assistance, we will try to make appropriate arrangements for you. Our offices have portable hearing loops and are wheelchair accessible.
DECISION
If you can, attach a copy of the decision you want us to review. If you can’t, describe the decision briefly. For example: ‘The SSAT decided that I cannot receive disability support pension’.
6. Date the decision was made and date you received notice of the decision
There are time limits for lodging an application for review of a decision. The time limit is usually 28 days after you receive the decision. For some types of decisions, it is longer. The time limit is usually stated in the information given to you about your review rights.
The form asks you to tell us when the decision was made and when you received the decision. We need this information to check whether the application has been lodged within the time limit.
If the time limit has expired, you can apply for an extension of time to make your application. We can extend most, but not all, time limits. You can use the following form – Application for an Extension of Time for Lodging Application for Review of Decision. It is available on our website.
7. Decision reference
You will usually find a reference number for the decision somewhere on the decision itself. By giving us this number, the relevant decision can be identified quickly.
8. Who made the decision
If you don’t attach a copy of the decision to the form, you need to tell us the name and address of the department or organisation that made the decision.
REASONS FOR APPLICATION
You must tell us briefly why you want to have the decision reviewed. For example, you may think the decision is wrong and a different decision should be made. You may think that information you provided was not taken into account or the law was not applied correctly.
We cannot start the review if you do not answer this question.
TAX DECISIONS
Tax decisions are reviewed in our Taxation Appeals Division and in the Small Taxation Claims Tribunal (STCT).
You can choose to have your application reviewed in the STCT if the amount of tax in dispute is less than $5,000.
There are some differences between the Taxation Appeals Division and the STCT.
• The application fee for the STCT is lower than the fee for the Taxation Appeals Division.
• The STCT’s procedures are designed to finalise a review more quickly.
• Hearings in the STCT are held in public unless we order that a hearing should be held in private. Hearings in the Taxation Appeals Division will be held in private if you ask for a private hearing.
If you want to have your decision reviewed in the STCT, complete the STCT section of the form. You must write in the amount of tax that is in dispute in your case.
If the amount of tax in dispute is $5,000 or more, or you do not complete the STCT section of the form, the decision will be reviewed in the Taxation Appeals Division.
1.
2. OTHER INFORMATION ABOUT APPLYING TO THE AAT
APPLICATION FEE
There is no fee when you apply to us for review of some kinds of decisions. For example: applications about Commonwealth workers’ compensation, decisions under the National Disability Insurance Scheme, social security or family assistance payments or veterans’ pension decisions.
For other kinds of decisions, a fee must be paid when you lodge your application. The full application fee is $861. The lower fee for the STCT is $85.
You might be eligible to pay a reduced fee of $100 instead of a full application fee. For example:
• you hold a health care card or Commonwealth seniors health card
• you are able to show that you can’t afford to pay the full fee.
If you have paid a full application fee and the application is resolved in your favour, most of it will be refunded. There is no refund if you paid the reduced application fee or if the decision was reviewed in the STCT.
For more information about fees, including when there is no fee and whether you might be eligible to pay a reduced fee, go to the AAT website or contact your local AAT office.
9. How to pay a fee
You can pay a fee in cash or by cheque, money order, EFTPOS or credit card. We accept payment by American Express, Diners Club, MasterCard and Visa.
All payment types are accepted over the counter at our offices. Credit card payments can also be made by phone.

APPLYING TO SUSPEND A DECISION
In general, a decision continues to operate while we are reviewing it. In some cases, we can order that the decision be suspended while the review is taking place.
If you want to ask us to suspend the operation of the decision, you must complete a Request for stay order form and send it to us. The form is available on our website.
STEPS IN A REVIEW
In most cases, we use alternative dispute resolution (ADR) to help the parties – you and the department or organisation that made the decision you want reviewed – try to reach agreement about how the case should be resolved. Many cases are resolved at this stage. ADR processes are held in private.
If agreement cannot be reached, we will hold a hearing and make a decision. Hearings are usually open to the public.
Our procedures and the time needed to complete the review vary from case to case. We aim to have cases finalised within 12 months.
WHAT DO WE DO WITH INFORMATION GIVEN TO US?
We collect information from you to process your application and to carry out the review under the Administrative Appeals Tribunal Act 1975.
We give a copy of the form to the department or organisation that made the decision you want reviewed. We may also give a copy to any other person that is a party to the review.
If you give us other information during the review that another party does not have, we will usually give them a copy.
Limited information about a case is usually made available to the public on request and can be accessed using eCase Search, our online case search tool. This information includes the names of the parties and any representatives, the type of application, dates of conferences, hearings or other case events, the types of key documents lodged by the parties and the outcome of an application.
More information is usually made publicly available if we hold a hearing and make a decision in the case. Most AAT decisions are published on the internet.
We can order that information be kept confidential if we believe there is good reason to do so. You can apply for an order by writing to us stating what information you want kept confidential and why. In some cases, legislation requires that information be kept confidential.
For more information, see our fact sheet Privacy and confidentiality at the AAT and our Privacy Policy. Our Privacy Policy includes information about how you can access and seek correction of your personal information, make a complaint about the way we have handled your personal information and how we will deal with such a complaint. Copies are available on our website or from your local AAT office.
MORE INFORMATION ABOUT THE AAT
More information about the AAT and how we conduct reviews is available on our website. You can also phone your local AAT office. Our staff can give you information about procedures but will not be able to give you legal advice.

CONTACT THE AAT
( National 1300 number
You can call us on 1300 366 700 from anywhere in Australia. You will be connected to the AAT office in your capital city. Residents of northern NSW (postcodes 2460–2490) and the Northern Territory will be connected to the Brisbane Registry. Callers from fixed phone lines will be charged at local call rates; calls from mobiles may cost more.
( Non-English speakers
Call the Translating and Interpreter Service on 131 450 and ask them to call us.
( If you are deaf or have a hearing or speech impairment
Contact us through the National Relay Service.
• TTY users: call 133 677, then ask for 1300 366 700.
• Internet relay users: connect to the NRS, then ask for 1300 366 700.
• Speak and Listen (speech-to-speech relay) users: call 1300 555 727, then ask for 1300 366 700.
• SMS relay users: call 0423 677 767, then ask for 1300 366 700
• Video relay users: choose the available NRS video relay contact on Skype, then ask for 1300 366 700.
Hearing induction loops are available at our office counters, and in conference and hearing rooms.

POST
AAT
GPO Box 9955
Your capital city
(Northern Territory residents should write to Brisbane) AAT
c/- Supreme Court of Norfolk Island Registry
Kingston, Norfolk Island 2899
ADELAIDE
11 Floor
Chesser House
91 Grenfell Street
ADELAIDE SA 5000

Fax 08 8201 0610
Email adelaide.registry@aat.gov.au
BRISBANE
Level 4
Commonwealth Law Courts
Cnr Nth Quay & Tank St
BRISBANE QLD 4000

Fax 07 3361 3001
Email brisbane.registry@aat.gov.au
CANBERRA
Level 8
14 Moore St
CANBERRA CITY ACT 2600

Fax (02) 6243 4600
Email canberra.registry@aat.gov.au
HOBART
Commonwealth Law Courts
39–41 Davey St
HOBART TAS 7000

Fax (03) 6232 1701
Email hobart.registry@aat.gov.au
MELBOURNE
Level 16, HWT Tower
40 City Rd
SOUTHBANK VIC 3006

Fax (03) 9282 8480
Email melbourne.registry@aat.gov.au
NORFOLK ISLAND
Supreme Court of Norfolk Island
KINGSTON
Norfolk Island 2899

Fax 6723 23403
Email sydney.registry@aat.gov.au
PERTH
Level 5
111 St Georges Terrace
PERTH WA 6000

Fax (08) 9327 7299
Email perth.registry@aat.gov.au
SYDNEY
Level 7
55 Market St
SYDNEY NSW 2000

Fax: (02) 9283 4881
Email: sydney.registry@aat.gov.au

Form 1 Guide – 7/14

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