Appealing a government decision in Australia: internal review, AAT and Ombudsman

You usually have the right to appeal

If a government agency — Centrelink, the ATO, the Department of Home Affairs, Medicare, or a state agency — makes a decision you disagree with, you are usually entitled to have that decision reviewed. The review process depends on which agency made the decision and what kind of decision it was.

Understanding which avenue to pursue first is important: going straight to a tribunal when an internal review is available wastes time and may not be accepted.

Step 1: Internal review

The first step in almost all cases is requesting an internal review — asking the agency to look at its decision again, usually by a different officer.

Centrelink (Services Australia): if Centrelink makes a decision about your payment — suspending it, cancelling it, or setting a debt — you can ask for an Authorised Review Officer (ARO) review. The ARO is a more senior officer who was not involved in the original decision. There is no fee. You should request this within 13 weeks of receiving the decision notice.

ATO: if you disagree with an ATO assessment or decision (for example, a tax debt or a declined deduction), you can object in writing. The ATO has 60 days (or sometimes 14 days for some penalty decisions) to decide the objection.

Department of Home Affairs (visa decisions): some visa decisions can be reviewed internally (for example, certain character-related decisions), but most are appealed externally to the AAT — see below.

Step 2: External review — the AAT

The Administrative Appeals Tribunal (AAT) is an independent body that reviews decisions made by Australian government agencies. It considers the merits of the decision and can affirm, vary or set aside the original decision.

Key points:

• Scope: the AAT reviews a wide range of federal decisions including Centrelink, ATO, visa and citizenship, Freedom of Information, and others. It does not review state government decisions.
• Time limits: you typically have 28 days from receiving the outcome of your internal review to apply to the AAT (some matters have different limits — check the decision letter).
• Application fee: there is a lodgement fee (reduced or waived for some applicants including those experiencing financial hardship). Check the AAT website for current fees.
• Process: the AAT often holds a preliminary conference to explore settlement. If not resolved, the matter proceeds to a formal hearing. Many applications resolve before a hearing.
• Representatives: you can represent yourself, use a registered migration agent (for visa matters) or seek legal representation. Community legal centres often provide free advice for AAT matters.

Note on visa decisions: the Migration and Refugee Division of the AAT handles most visa refusal and cancellation reviews. There are strict time limits for these applications (often 21 days) — act quickly.

The Commonwealth Ombudsman

The Commonwealth Ombudsman investigates complaints about Australian government agencies — but note that the Ombudsman investigates administrative conduct, not the merits of individual decisions. If you believe an agency handled your case poorly (delayed unreasonably, failed to follow its own procedures, gave you wrong information), the Ombudsman may be able to help even if the AAT is not the right avenue.

The Ombudsman’s service is free. Lodge a complaint at ombudsman.gov.au. The Ombudsman expects you to have tried to resolve the matter with the agency first.

When to get legal help

For complex matters — particularly visa refusals, significant Centrelink debts or ATO disputes involving large amounts — getting advice before lodging an appeal is worthwhile:

• Community legal centres (clcs.org.au) — free legal advice, though not available for all matters.
• Legal Aid in your state or territory — means-tested; covers some migration and social security matters.
• Registered migration agents (MARA-registered) — for visa and citizenship appeals.
• Private solicitors — particularly for AAT matters involving large sums or complex facts.

Time limits in administrative review are strict. If you are unsure whether to appeal, seek advice immediately — a missed time limit typically cannot be recovered.