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12.4 Suspended Clients to be Advised Promptly


Although S57 is self-executing, it is reasonable and necessary to inform the client that he/she has in fact been suspended – i.e. by means of their own action in not attending the appointment. Delegates should use the Defcare standard letter designed for this purpose. This letter emphasises that it is not a determination, i.e. it contains no decision on the matter and that the effect of the 'self executing' nature of a S57 suspension is that it is not appealable to the AAT. (Note: There is no decision for the AAT to review.)

The client's only formal means of appeal or redress at this stage, lies with a legal challenge under S39B of the Judiciary Act 1903. The standard letter advises the client to seek legal advice on this possibility if considering such a challenge.