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Continuation of payment pending an outcome

Where an adverse decision is based on the exercise of discretion and the person appeals to an Authorised Review Officer or the Administrative Review Tribunal (ART), payment can continue pending the outcome of the review [see Social Security (Administration) Act 1999 (Cth) ss 131 and 145].

At the second review stage of the Administrative Review Tribunal, either party may apply to the Tribunal for a stay of the first ART decision. This may be necessary where the person has no other source of income and the first ART decision is not in their favour. Centrelink must implement the first ART review decision when it is in the client's favour unless it obtains a stay order from the Administrative Review Tribunal.

Continuation of payment pending an outcome  :  Last Revised: Fri Oct 11th 2024
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