On 10 December 2007, the Hon Brendan O’Connor MP, the former Minister for Employment Participation asked the Department of Education, Employment and Workplace Relations (DEEWR) to review its social security appeals and litigation arrangements.

The objective of the review was to ensure that DEEWR’s activity, while being directed to achieve outcomes that uphold the integrity of the social security system and encourage participation in education and employment related activities, also fulfil the department’s ‘model litigant obligations’.

The review identified and recommended areas for improving DEEWR’s arrangements for the future management of social security appeal and litigation matters. One recommendation included the development of a set of principles to guide decisions made by the department in relation to social security appeals to the Administrative Appeals Tribunal (AAT) and the Federal Court. The steering committee of the review, in consultation with other stakeholders, guided the development of a set of principles that were adopted by DEEWR on 1 April 2008. A copy of the principles, along with a report of the findings of the review can be found below:

• Report on the review of the Department of Education, Employment and Workplace Relations’ social security appeals and litigation arrangements – March 2008 ( PDF 256KB | RTF 508KB)

Progress following the review of DEEWR Social Security Appeals and Litigation Arrangements – July 2009

The steering committee of the review reconvened on 7 July 2009 to formally consider the outcomes of the review and reflect on departmental appeal decisions in the 12 months from the implementation of the principles.

In consultation with the Department of Families, Housing, Community Services and Indigenous Affairs (FaHCSIA), the principles were revised to extend their use to family assistance, as well as working age income support payment cases. DEEWR and FaHCSIA adopted the updated principles in August 2009. These principles reflect a more transparent and fair appeal process that protects the integrity of the social security and family assistance legal systems; while taking into account a range of other factors including the circumstances of individual recipients.

A copy of the updated principles along with the final report on the review can be found below:

• Report of progress following the steering committee meeting – 7 July 2009 ( PDF 185KB |
  RTF 157KB)
• Principles to guide the decisions of departments when determining whether to appeal decisions made under the social security and family assistance law ( PDF 23KB | RTF 55KB)