Appeal provisions
General
As the DFRDB Authority and its delegates often have to make decisions affecting Members’ benefits, the DFRDB Act contains an appeals mechanism.
There are two main avenues through which you can appeal against any of the Authority’s or its delegates’ decisions that you are dissatisfied with. The first is to apply to the Authority, requesting reconsideration of your decision. However, if you are still dissatisfied following reconsideration of your case, you can then appeal directly to the Administrative Appeals Tribunal (AAT).
Appeal procedures
If you want to appeal against a decision, you must first write to the Authority requesting that the decision be reconsidered. This initial letter should outline the grounds for making your request and provide any information which would support your request, and should normally be made within 30 days of receiving notification of the original decision. Special circumstances are needed to accept a request after that time period.
On receiving your request, the Authority will either confirm or vary its original decision and then notify you of the result and advise you of further appeal provisions.
However, if you are still dissatisfied following reconsideration of your case, then you have a second avenue of appeal - you can appeal directly to the Administrative Appeals Tribunal (AAT)Top
Administrative Appeals Tribunal (AAT)
Your other main avenue of appeal is through the AAT, though you may also be able to use the Commonwealth Ombudsman and the normal legal system.
The AAT is an independent tribunal which is presided over by a Federal Court Judge.
However, it only has jurisdiction over the Authority’s decisions when you have had the Authority reconsider a decision (see Appeal procedures on page 46).
If you want to appeal to the AAT, you can either put your case in writing or lodge an application form. If you write to the AAT, you should state the reasons for your appeal and also include the information that you believe supports your case.
If you are successful before the AAT your legal costs are not reimbursed by the Authority. If you are unsuccessful, you will not have to pay the Authority’s legal costs.
More information about the appeals procedure is available from the AAT.
Federal Court or Federal Magistrates Court
There is also provision for you to appeal to the Federal Court of Australia or Federal Magistrates Court, on any question of law from any decision arising from your AAT hearing.