Merits Review

See also information on Governance and Oversight; and Administration Rules.

To ensure that all members of the community receive fair treatment in relation to access card decisions, a merits review and appeals mechanism will underpin the access card system. While the vast majority of decisions relating to a person’s eligibility and registration for an access card will be straightforward, there may be occasions where card holders are dissatisfied with administrative decisions. Some of the circumstances which will be subject to a merits review are decisions by the Secretary of the Department of Human Services (the Secretary):

• not to register an individual for the access card;
• not to include an individual’s preferred name on the surface of their access card;
• to cancel an individual’s access card, to not renew or issue a replacement card; and
• not to reinstate an individual’s registration in accordance with the individual’s request.

In these circumstances, the individual will have recourse to a merits review of the Secretary’s decision.

1. Internal reconsideration

If a card holder disagrees with an access cardrelated decision, they will be able to seek internal reconsideration of that decision, free of charge, as the first step in the merits review process.

This internal reconsideration will be conducted by a person who did not make the original decision, and must be conducted before an individual is entitled to seek an external review.

Internal reviews must be completed within 28 days.

2. External investigation – Access Card Ombudsman

If a card holder is dissatisfied with their internal reconsideration decision, they can raise their concerns with the Access Card Ombudsman, free of charge. The Access Card Ombudsman will investigate the complaint and circumstances in which the decision was made – for example whether all relevant factors were taken into consideration. The Ombudsman may recommend that the Department reconsider its decision or take other appropriate action.

The Access Card Ombudsman will also have the power to consider general complaints from the access card scheme, not only complaints about decisions. The Access Card Ombudsman, following their consideration of a complaint, will have the power to make recommendations to the Department in respect of the matter under review.

The Access Card Ombudsman will be required to report annually to Parliament on access card complaints raised with their office and on the administration of the access card legislation.

3. External review – Administrative Apeals Tribunal

The Administrative Appeals Tribunal (AAT) provides independent reviews of a wide range of administrative decisions made by the Australian Government.

The AAT will be the merits review body for access card-related decisions, either instead of, or after, the Access Card Ombudsman considers the complaint arising from an internal review.

The Secretary cannot override decisions of the AAT.

An access card division is expected to be established within the AAT. We are working with the Tribunal to ensure a simple and informal process and expect that specific practice directions and an outreach program for selfrepresented applicants to be established. The merits review process will continue to use the confidential and private preliminary conference and conciliation processes. These processes will be developed in consultation with the AAT.

In accordance with existing AAT processes, it is expected concession card holders will not be charged application fees. The AAT also has the capacity to waive its fees on application in circumstances of hardship.

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