It is often important not to rely solely on Centrelink advice, and to obtain independent advice. You may find different ways of looking at or solving your social security problem. Centrelink workers are supposed to follow Centrelink policy, but their way is not always the only way of dealing with your problem.

You should always get a second opinion, just in case the first opinion is wrong. Social security law changes often, so it is hard to keep up to date. Also, at times, inexperienced Centrelink workers make decisions or offer opinions that are not correct.

Don't be put off from getting independent advice. If a Centrelink worker or anyone else says that there is nothing you can do about a decision you disagree with, get independent advice before giving up.

Often you must act quickly on social security decisions. Don't hesitate. Get independent advice quickly.

You can get independent advice from the following organisations.

Welfare Rights Centres specialise in social security matters. They provide written information and advice over the telephone or in person, and sometimes representation in the social security appeals system. Welfare Rights Centre services are free.

Some community legal services offer information and advice only, and others offer representation at appeals tribunal and courts. All community legal services provide services free. Most services, but not all, are experienced in social security law. Check this with your nearest service.

This is an organisation that provides independent legal services across the state. Legal Aid also provides money to some people who can't pay their legal costs. Lawyers from Legal Aid provide free advice on social security matters. If you have a good case, Legal Aid lawyers will represent you at the Administrative Appeals Tribunal, or in court. You may have to pay some money towards your legal costs if Legal Aid decides you can afford it. (See Getting legal advice.)

These workers provide a variety of assistance including:

Rural counsellors provide specialised assistance to farming families.

Some community organisations are expert in social security law. They will often advocate and negotiate with Centrelink on your behalf, as well as provide information, advice and sometimes representation at the Social Security Appeals Tribunal.

Some private lawyers deal with social security matters, but it is important to check whether they are familiar with social security law first. It is also important to carefully consider the costs and who pays. Victoria Legal Aid may pay private lawyers to deal with some social security matters.

Your local community legal service (see Find a service section) or the Law Institute of Victoria may be able to assist with finding a private lawyer who is an expert in social security law.

You may be able to approach officers in your local office including:

You may also need to contact the following specialist officers within Centrelink:

Other government departments and agencies that may be involved with social security issues include:

When you are taking action on a social security matter, the hardest problem can be knowing what to expect from the system. Everyone has the following social security rights.

You have a legal right to appeal most Centrelink decisions. Most stages in the appeals process are normally free. Never be discouraged from appealing without getting independent advice first. These are the steps in the process.

Ask Centrelink to review the decision. This can be done by telephone or at your local office, but it is preferable to put your request in writing and keep a copy. You can ask for a review even if you don't know why a decision is wrong. If you have reasons for disagreeing with the decision, tell Centrelink.

The first person to review a decision in Centrelink is usually the person who made the original decision. However, you have the right to skip this step, and have the decision reviewed by an Authorised Review Officer (ARO).

If you are not satisfied with the ARO's decision, you can appeal outside Centrelink to an independent tribunal called the Social Security Appeals Tribunal (SSAT). Usually, the tribunal consists of two or three members and is conducted in a fairly informal manner. You can be assisted by a representative at the Tribunal hearing, though this is not always necessary. It may be useful to make some notes about your case before the hearing, outlining your arguments, and any inaccuracies or omissions in the ARO's decision. You can also give a summary of your case to the Tribunal before the hearing if you want to.

You can seek advice about your case from a welfare worker, rural financial counsellor, lawyer, or Welfare Rights Centre (see Find a service section).

If you (or Centrelink) are not satisfied with the SSAT decision, you or Centrelink can appeal to the Administrative Appeals Tribunal, which is a more formal tribunal.

You or Centrelink can also appeal an Administrative Appeals Tribunal decision to the Federal Court or the High Court. Appeals to these courts can only be made on questions of law, not on questions of fact. You will need legal advice about appeals to these courts, which can be costly.

There is a separate complaints system for matters which don't involve a decision under social security law. This is often a technical matter, and you should get independent advice.

This system can be used if you have suffered financial loss because Centrelink has mishandled your case or not advised you correctly. It can also be used to complain about inappropriate behaviour by a Centrelink worker.

These are the steps in the process.

Lodge a complaint with the Customer Relations Unit in Centrelink (Phone: 1800 050 004). This unit handles issues directly or passes them on to the most appropriate people. Telephone staff are not negotiators but generally have more time to understand problems and suggest alternative approaches. It may be a good place to start in resolving problems. It is not, however, a substitute for an independent source of complaint, because it is run by Centrelink.

If Centrelink is unable to resolve your complaint, you can ask the Commonwealth Ombudsman to investigate. The Ombudsman usually tries to find out if the Centrelink officer followed procedures that were fair and reasonable.

Usually, the Commonwealth Ombudsman cannot investigate complaints that you can appeal to a tribunal or court. If the complaint has not been considered by a tribunal, the Ombudsman may decide not to investigate and suggest that you lodge an appeal instead.

You can get independent advice about Centrelink appeals and complaints processes from a Welfare Rights Centre, financial counsellor, or community legal service.