Centrelink

Centrelink fraud is treated seriously by the courts. If you have been overpaid or haven’t told Centrelink about a change in your circumstances that could reduce your payment, get legal advice.

When you need legal advice

Get legal advice if you:

  • don't understand a Centrelink decision
  • want to appeal a Centrelink decision
  • have been overpaid
  • have to go to court for overpayment.

How to get legal advice

Appealing a Centrelink decision

If you disagree with a Centrelink decision, you can:

  • ask for an explanation for the decision in writing
  • apply for an authorised review officer (ARO) to reconsider your case within 13 weeks of receiving the decision.

If you don’t agree with the ARO’s decision, you can appeal to the Administrative Review Tribunal (ART) within 13 weeks of receiving the decision.

If you are unhappy with the first review decision, you can apply for a second ART review within 28 days of the first review decision.

If you submit your appeal within the above time limits and are successful, your payment will be backdated. If you lodge your appeal after the time limit, you may not receive back pay.

There are different time limits for reviews about Family Tax Benefits and Paid Parental Leave.

Accessing your Centrelink file

Accessing your Centrelink file may help you appeal a Centrelink decision.

You can access your Centrelink file and get copies of documents by applying under the Freedom of Information Act.

How to apply under Freedom of Information

You should take all relevant documents with you when getting legal advice on your matter.

Representing yourself during an appeal

The Centrelink appeal process is designed for people to represent themselves.

You can get information on the appeal process from Centrelink.

Overpayments

If you think you have been overpaid, get legal advice immediately.

The courts consider Centrelink fraud to be a serious crime, and penalties can include jail time.

Centrelink may ask you to attend an interview to talk about the overpayments, but you do not have to go.

If you do agree to an interview about overpayments, you should first ask Centrelink for details about:

  • what payments have been made
  • how they worked out that you were overpaid. You’re entitled to receive documentation showing what you were paid each fortnight, and what Centrelink says you should have been paid.

If you decide to attend an interview, Centrelink can document what you say and use it against you in court later. Similarly, if you choose to appeal a Centrelink decision relating to an overpayment, anything you advise in the appeals process can be used against you for a criminal law matter.

De facto relationships

Centrelink will ask if you are in a de facto relationship to find out if you are eligible to receive a pension or benefit and how much you should be paid.

Centrelink can also get this information by contacting:

  • your neighbours
  • the Department of Housing
  • real estate agents
  • gas and electricity suppliers
  • local councils
  • anyone else who can provide details about your relationship.

If you disagree with a decision made by Centrelink about your relationship, you can:

  • appeal the decision
  • ask for ‘payment pending review’, which maintains your payment at the single rate, while your appeal is processed.

How to get legal advice

We may give legal advice about dealing with Centrelink, including advice about overpayments.

Contact us

Other places to get legal advice:

Who else can help?

Related information

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
Last reviewed
Back to top