The disputes process
The disputes process is a quick process where MSD must respond to a young person's dispute immediately. MSD must take into account any new information provided by the young person and let them know the decision straight away. A letter is sent automatically to the young person once a decision has been recorded on the dispute.
A young person can dispute the decision if they believe:
- they did not fail their activity obligations or
- that they had a good and sufficient reason for failing to complete the activity obligation
Note if a young person has disputed the activity obligations failure and MSD has upheld the decision, the young person can only dispute it again if they provide new information. If new information is not provided, the young person will need to follow the Review of Decision process.
If a sanction has been imposed MSD can still use the disputes process. This allows the young person an opportunity for a quick resolution to their dispute before proceeding with the Review of Decision process.
For more information see:
Reason for dispute
The young person can dispute the decision if they believe they did not fail their activity obligations, for 1 of the following reasons:
- an activity obligations failure was initiated, but the young person had undertaken the activity or
- undertaking or completing the activity was dependent on the provision of assistance by the service provider or Work and Income 'in-house' service and that assistance was not supplied or
- reasonable steps weren't taken by the service provider or Work and Income 'in-house' service to inform a young person of the activity that they were required to do
Note a young person cannot appeal the decision to be paid under youth money management.
Good and sufficient reason for failing
MSD must consider the circumstances of the young person, and determine whether it would have been reasonable for the young person to have undertaken the activity.
Good and sufficient reasons for failing to undertake an activity include (but are not limited to):
- the young person was temporarily medically unfit or injured
- there was death or illness in the family
- due to unforeseen circumstances the young person could not realistically transport themselves on the day
- an unexpected event occurred on the day, eg the young person had to provide care for a sick family member or relative
Note if you are unsure whether a young person has a good and sufficient reason then you should seek guidance from your capability developer, manager client service operations, manager client service delivery.
Legislation
- Review of decisions sections 391-394, schedule 7 Social Security Act 2018
- Rights of appeal section 397, section 400 Social Security Act 2018
