Extended Legal Assistance is available to eligible applicants who have disputes with Centrelink about debts and payment eligibility.

Extended Legal Assistance is available to:

  • apply for an internal review of a Centrelink decision
  • seek compensation through the Compensation for Detriment caused by Defective Administration (CDDA) Scheme, where a person has experienced detriment as a result of Centrelink’s actions
  • seek an Act of Grace, where there are unintended or anomalous circumstances resulting in payment ineligibility. 

 

Disputes with Centrelink at the Administrative Review Tribunal (tier 1) – transitional arrangements

Extended Legal Assistance is available to eligible applicants who have disputes with Centrelink at the Administrative Review Tribunal (ART) (tier 1) relating to:

  • Disability Support Pension qualification,
  • Member of a couple cases (where a client’s payment has been cancelled and a debt raised due to the client being considered a ‘member of a couple’),
  • Clients with non-payment periods (e.g. compensation preclusion periods, income maintenance periods, penalties, newly arrived residents' waiting periods),
  • Residence issues,
  • Special Benefit payment issues (including eligibility and rate),
  • Debts greater than $5,000, or
  • Other issues where resolution of the dispute at this early stage will prevent further detriment being experienced by the client.

Transitional arrangements for Centrelink disputes at the ART (tier 1)

On 7 December 2023, the Australian Government introduced legislation which will abolish the Administrative Appeals Tribunal (AAT) and replace it with a new body called the Administrative Review Tribunal (ART). Once the new body is established, legal assistance in Centrelink disputes at the ART (tier 1 or equivalent) will be administered under a grant of legal aid. Until then, legal assistance in these matters will be delivered as an Extended Legal Assistance service.

Extended Legal Assistance is available to eligible applicants who have disputes about entitlements under certain statutory or other Government schemes.

Extended Legal Assistance is available to seek:

  • an internal review of a decision of Victims Services NSW about the quantum of, or eligibility for, a Victims Service benefit
  • an internal review of a decision of a Government agency, about the quantum of, or eligibility for disaster grants or payments.

Extended Legal Assistance is available to:

  • prepare and submit an application for payments under the Stolen Generation Reparations Scheme, and/or
  • seek a review of a decision by the Minister for Aboriginal Affairs about payments under the Stolen Generation Reparations Scheme.

Extended Legal Assistance is available to eligible applicants who are workers and have disputes about income and entitlements, loss of job, unlawful discrimination or sexual harassment in the workplace.

Extended Legal Assistance is available to:

  • negotiate resolution of dispute
  • make a complaint to:
    • the Fair Work Ombudsman, or
    • the NSW Industrial Relations about long service leave.

Early Resolution Assistance is available to eligible applicants who are workers and have disputes about income and entitlements, loss of job, unlawful discrimination or sexual harassment in the workplace.

Early Resolution Assistance is available to:

  • apply to and attend conferences, conciliations, or mediations at the Fair Work Commission
  • seek a Stop Sexual Harassment Order at the Fair Work Commission
  • complain to and attend conciliations at:
    • Anti-Discrimination NSW, or
    • the Australian Human Rights Commission.

Note: Applicants who do not meet the eligibility criteria may apply under the Respect at Work policy for assistance.

Extended Legal Assistance is available to eligible applicants who have fines and disputes with Revenue NSW.

Extended Legal Assistance is available to:

  • seek a write-off of a debt:
    • where the debt is over $5,000, or
    • where supporting evidence is required by Revenue NSW
  • seek an internal review of a decision by Revenue NSW
  • seek a refund of monies garnished following enforcement action by Revenue NSW
  • seek a review of a decision of Revenue NSW with the Hardship Review Board
  • dispute the validity of an Order for Restitution being enforced by Revenue NSW.