The Review Process

The r — e — v — i — ew process involves:

• Reconsideration.  A review of the decision is made by an independent staff member.  Evidence is re-examined and the initial decision is affirmed or varied;

• Appeal to the Administrative Appeals Tribunal (AAT).  A party to the reviewable decision may request review by an independent body, the AAT.  Comcare must have reconsidered a determination before a review will be considered by the AAT.

Comcare prepares a “section 37 statement” for the AAT, which outlines a history of the claim, the evidence considered, the original determination made, the information considered in the reconsideration and the outcome of the reconsideration (the 'reviewable decision').

The party requesting the review (the appellant) must provide his or her evidence to the AAT at least 28 days before the hearing.  Any evidence the appellant had before the original determination was made but failed to provide to Comcare cannot be used.

The AAT will make its decision based on the evidence before it;

• Appeal to the Federal (then High Court).  A decision made in the previous 2 avenues can also be appealed to the Federal Court and then the High Court.  These Courts consider the appeal under the AD (JR) Act.

However, this Act is only concerned with the legality or lawfulness of a decision.  The Courts do not look to the merits of the case, but only to the question of whether the decision is lawful, or whether the decision complies with all legal requirements.

Of course, it is important to consider whether a decision can be made based on available evidence.  Use previous claims knowledge and experience, and remember, all decisions must still be justified.