Jobseeker Support Student Hardship : Contents
Disputes and reviews of an obligations failure
A client or partner has the right to dispute or review if they disagree with any decision relating to:
- an obligations failure or
- a sanction being imposed or
- the type of sanction being imposed
A client or partner can do this by:
- disputing the decision or
- lodging a formal Review of Decision
- lodging an appeal to the Medical Appeals Board (drug test failure only)
A Review of Decision or appeal to the Medical Appeals Board can be lodged at any stage, within three months of the obligations failure being initiated, or within three months of the sanction being imposed.
If a client or partner disputes their obligations failure or sanction more than 20 working days after it is initiated or imposed, MSD must advise the client or partner to lodge a formal Review of Decision or an appeal to the Medical Appeals Board (drug test failure only) in writing.
For more information see:
Legislation
- Person who fails to comply with requirement to undergo work ability assessment is subject to sanction section 119 Social Security Act 2018
- Person who fails to comply with work-preparation obligation subject to sanction section 126 Social Security Act 2018
- Person who fails to comply with obligations in relation to dependent children is subject to sanction section 136 Social Security Act 2018
- Person who fails to comply with work-test obligations is subject to sanction section 153 Social Security Act 2018
- Deemed failure to comply with work-test obligation section 154 Social Security Act 2018
- Person who fails to comply with requirement to attend interview is subject to sanction section 161 Social Security Act 2018
- Obligations that carry sanction for failure to comply section 233 Social Security Act 2018
- Hierarchy of sanctions sections 234-239 Social Security Act 2018
- How number of failures is counted sections 240-242 Social Security Act 2018
- Special cases: variations on ordinary sanctions rules section 245-248 Social Security Act 2018
- Good and sufficient reason for non-compliance sections 249-251 Social Security Act 2018
- Procedure for imposing sanction sections 252, 253, 256 Social Security Act 2018
- Recompliance sections 261-266 Social Security Act 2018
- Restoration of entitlement after suspension, reduction, cancellation, or non-entitlement sections 320-324 Social Security Act 2018
- Subpart 2-Reviews by benefits review committee Part 7, subpart 2 Social Security Act 2018
- Benefits review committees Schedule 7 Social Security Act 2018
- Decision under specified social assistance enactments section 397 Social Security Act 2018
- Appeal must be begun within 60 working days of notification or further allowed period section 400 Social Security Act 2018
- Subpart 5-Appeals to medical board Part 7, subpart 5 Social Security Act 2018
- Appeals to medical board Schedule 1, clause 53 Social Security Act 2018
- Dictionary Schedule 2 Social Security Act 2018
- Medical board Schedule 9 Social Security Act 2018
