Centrelink
If you need financial support you may be eligible for payments from Centrelink.
If you have received a debt notice from Centrelink you have the right to appeal, read more here.
If you disagree with a Centrelink decision you can appeal the decision.
If Centrelink has overpaid you get legal advice before talking to anyone else.
If you were overpaid and you knew or you should reasonably have known you were not being paid correctly this can be a criminal offence. Get immediate legal advice.
Getting financial support
If you need financial support such as a pension, benefit or an allowance contact Centrelink (Services Australia) to find out if you are eligible. Centrelink can be contacted by phone on 13 24 68.
Disagreeing with a Centrelink decision
If you disagree with a Centrelink decision, you can:
- ask for the reasons for the decision in writing, and
- apply for an authorised review officer (ARO) to review your case (you should apply within 13 weeks after receiving the initial decision).
If you don’t agree with the ARO’s decision, you should lodge an application to the Administrative Review Tribunal (ART)—Social Services and Child Support jurisdiction within 13 weeks after receiving the decision).
If you do not lodge your application within 13-weeks, this will affect your right to claim any back pay of benefits.
There are no time limits for seeking reviews of Centrelink decisions relating to debts (with the exception of ABSTUDY debts) i.e. the 13-week time limitation to appeal to the ARO or the ART.
If you’re unhappy with the first review decision made by ART, you can apply for further review to the General Jurisdiction of the ART. You must apply to the General Jurisdiction within 28 days of the first review decision. This also applies to debt matters.
It’s important to appeal to the General Jurisdiction of the ART within the 28-day time limit.
If an application is lodged to the General Jurisdiction after the 28-day time limit, you must also apply for an extension of time application. You will also be required to explain the reasons for the delay.
If you don’t understand a Centrelink decision or would like to appeal the decision, get legal advice. You can contact Legal Aid Queensland on 1300 65 11 88 to book in for legal advice.
Basic Rights Queensland gives free legal advice about disputes with Centrelink.
Accessing your Centrelink file
Accessing your Centrelink file may help you appeal a Centrelink decision.
You can view your Centrelink file or get copies of documents held by Centrelink by making an application under the Freedom of Information Act (FOI). You can ask Centrelink for an FOI form, or you can write a short letter asking for information off your file (under the FOI Act).
You should bring any relevant documents for your matter with you when getting legal advice.
Overpayments
If you think you’ve been overpaid, get immediate legal advice before talking to anyone else about it.
Centrelink may ask you to come in for an interview to talk about the overpayments— but you don’t have to attend. Get legal advice before attending a Centrelink interview about overpayments.
Before agreeing to an interview (about overpayments) you can ask Centrelink to give you written information showing what payments have been made and how they’ve worked out that you’ve been overpaid. You’re entitled to receive documentation showing what you’ve been paid each fortnight, and what Centrelink says you should have been paid.
If you decide to attend an interview, Centrelink can make a record of what you say and can use it against you later in court. Get legal advice before attending an interview with Centrelink about any overpayment.
You can contact Legal Aid Queensland on 1300 65 11 88 to book in for legal advice.
Centrelink fraud
The courts treat Centrelink fraud very seriously, and penalties can include jail.
If you were overpaid and you knew or you should reasonably have known you were not being paid correctly (eg not telling Centrelink you’ve started working or that you have a defacto partner) this can be a criminal offence.
Even if you’ve paid all the money back or you’re paying it back in instalments, you may still be charged with a criminal offence.
Get immediate legal advice before speaking with Centrelink. You can contact Legal Aid Queensland on 1300 65 11 88 to book in for legal advice.
Defacto relationships or 'member of a couple' relationships
Centrelink will ask if you are in a defacto relationship to find out if you’re eligible to receive a pension or benefit and how much you should be paid. If you are in a defacto relationship you will receive a lower rate of payment and your partner's income and assets will be taken into account, as well as your own, when your payment is calculated.
Centrelink looks at the circumstances of your relationship and may ask questions about:
- where you live
- who you live with
- your financial arrangements with any person
- who you socialise with
- any sexual relationship you have with a person
- how your friends and family see your relationship
- whether you have any children from that relationship.
Centrelink can also get this information by contacting your neighbours, the Department of Housing, real estate agents, gas and electricity suppliers, local councils, social media or any other person who can provide details about your relationship.
If you disagree with a decision made by Centrelink about your relationship, you have a right to appeal it. You can also ask for “payment pending review” – a continuation of your payment at the single rate while your appeal is being dealt with.
Do I need legal advice?
You may need legal advice if you:
- don't understand a decision from Centrelink
- want to appeal a Centrelink decision, including appeals to the ART
- have been overpaid—get immediate legal advice before talking to anyone else or attending a Centrelink interview
- are told you have to go to court, even if you’ve paid money back.
How to get legal advice
We may give legal advice about dealing with Centrelink, including advice about overpayments.
If you’re preparing an appeal against a Centrelink decision in the Administrative Review Tribunal:
Who else can help?
These services may be able to help. They don’t give legal advice.
Administrative Review Tribunal can review decisions made by Centrelink. If you don’t agree with their decision you can appeal to the ART.
Disclaimer: This content is for general purposes only and not legal advice. If you have a legal problem, please contact us or speak to a lawyer. View our full disclaimer.
Last updated 9 February 2023