Ch 11 Summary of the Reconsideration Process

From 14 October 2024 the Administrative Review Tribunal (ART) replaces the Administrative Appeals Tribunal (AAT).  Appeal pathways and matters remain largely the same as previous AAT arrangements under ART arrangements, although specific legislative section numbers in the ART Act differ.  Importantly, timeframes for appeals for veterans and provision of information etc. remain the same.  Except for pages relating to prior historical rulings, reviews and advice, after 14 October 2024 references to the AAT in these pages should be taken as a reference to ART. 

1.A determination is made under the provisions of the SRC Act.

2.The determination is sent to the injured employee, claimant or representative including reasons for the decision and with a statement that the determination can be reconsidered if the employee or claimant is dissatisfied with the determination.

3.The employee, claimant or representative has a period of 30 days in which to advise the Department that he/she wishes the determination to be reconsidered. Any such request must be in writing and must set out the reasons for the employee's or claimant's dissatisfaction with the determination.  Where a verbal request is received the claimant or representative should be advised that it needs to be in writing and include reasons for the request.

4.The written request for reconsideration is registered in the appropriate system by the receiving location and the employee or claimant is advised that it has been referred to a RD for attention (there is a standard letter in Defcare for this purpose).  This acknowledgement and registration must be done within 7 days of receiving the request for reconsideration.

5.The compensation and/or rehabilitation claim file is passed to a RD for consideration. This Delegate must not have had any previous involvement in making the decision to be reconsidered, even by way of providing advice. If the Delegate was involved in any way in the original decision, he/she should disqualify himself/herself and arrange for another RD to deal with the request for reconsideration.  The RD should contact the claimant or their representative within 7 days of them receiving the request to advise who will be handling the case and the process that will be followed.

6.When the RD has reached a decision, he/she may choose to affirm, revoke or otherwise vary the original determination as he/she thinks fit.

7.The RD writes to the employee or claimant, setting out the decision and, in some detail, his/her reasons for deciding the reconsideration in a particular manner. The employee or claimant must be advised that he/she has a right to 'appeal' to the Administrative Appeals Tribunal if he/she is dissatisfied with the result of the reconsideration – see Section 63 of the SRC Act.  At the same time the appropriate system is updated.

While the SRC Act places no limit on the time which can be taken in finalising a request for reconsideration, the MRCC has performance standards which require that the great majority of reconsiderations be finalised within 120 days of receipt of the request for reconsideration.

A decision resulting from a request for reconsideration is known as a 'reviewable decision'.