The disputes process

The disputes process is a quick process where you must respond to a client or partner's dispute immediately.

You must take into account any new information provided by the client or partner, and let the client or partner know your decision straight away.

A letter is sent automatically to the client or partner once a decision has been recorded on the dispute.

A client or partner can dispute the decision if they believe:

• they did not fail their obligations including when they believe they have taken all reasonable steps to meet a social obligation or
• that they had a good and sufficient reason for failing to complete the obligation

Note if a client or partner has disputed the obligations failure and you have upheld your decision, the client or partner can only dispute it again by following the Review of Decision or Medical Appeal Board appeal (drug test failure only) processes.

If a sanction has been imposed you can still use the disputes process. This allows the client or partner an opportunity for a quick resolution to their dispute before proceeding with the Review of Decision process.

For more information see:

• Recording decisions on a dispute
• Review of decision for pre-benefit requirements

The client or partner can dispute the decision if they believe they did not fail their obligations, for one of the following reasons:

• an obligations failure was initiated, but the client or partner had undertaken the activity or
• an obligations failure was initiated, but the client or partner had a good and sufficient reason for the failure or
• undertaking or completing the activity was dependent on the provision of assistance by Work and Income and that assistance was not supplied or
• reasonable steps weren't taken by Work and Income to inform a client or partner of the activity that they were required to do

Note some clients may fail more than one obligation at the same time. In this case, for the obligation failure not to apply, the client will need to successfully dispute or review all failures in order to not have a sanction imposed. If only one failure is disputed, a sanction may still be imposed for obligation failures that were not disputed, or were disputed and upheld.

You must consider the circumstances of the client or partner, and determine whether it would have been reasonable for the client or partner to have undertaken the activity.

Good and sufficient reasons for failing to undertake an activity will depend on the obligation the client or partner has failed.

For social obligations you must consider whether the client and partner have taken all reasonable steps to meet their social obligations.

Note that if you are unsure whether a client or partner has a good and sufficient reason then you should seek guidance from your capability developer, Helpline, manager client service operations or manager client service delivery.