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If you are dissatisfied with a decision on your claim for a Back to Work payment, you may lodge an objection to that decision.

What is an objection?

An objection is a formal internal review process for resolving disputes about a decision we have made. You may lodge an objection if you disagree with a decision by us:

  • Not to pay your claim,
  • Reversing or varying an earlier decision regarding your Back to Work application,
  • Requiring you to repay a Back to Work claim, and/or
  • Imposing a penalty amount.

Lodge an objection

Objecting is a formal process. There are certain rules you must follow:

  1. Your objection must be in writing,
  2. You should state the grounds for your objection fully and in detail, and
  3. You should include documentation supporting your grounds of objection. 

Supporting documentation would normally include evidence that supports your eligibility to receive the Back to Work payment. 

If you do not provide the necessary documentation to support your claim, your objection may be disallowed. 

When should you lodge?

If you wish to object to a decision on your Back to Work claim, your written objection must be lodged with us within 60 days after the date of the decision. 

Objections lodged out-of-time

If you wish to lodge an objection outside the 60-day time period, you must write to us and request permission to lodge an out-of-time objection.

Your application must:

  1. Detail the circumstances and reasons that have prevented you from lodging your objection within the 60-day time period,
  2. Set out your grounds of objection, and 
  3. Contain any supporting documentation.

Determinations

Your objection will be dealt with by a person independent of the original decision-maker. 

They will use the information provided by you, as well as other information available to make their decision.

You will receive a written notice of determination on your objection. If your objection is disallowed or only partly allowed, we will provide you with reasons for our decision.

If you are dissatisfied with our determination, you have the right to refer the matter for review to the Victorian Civil and Administrative Tribunal. Your request must be in writing and must be received by us within 60 days after the date of service of the determination upon you.

Do not lodge your written request directly with the Tribunal. They have no statutory power to accept an application directly from you.

Repayment of any amount owing pending your objection

If we have decided to reverse or vary an earlier decision to provide you with a Back to Work payment, you should repay the SRO any amount owing even if you lodge an objection.

If you pay the full amount and your objection is allowed or partially allowed, you will receive a refund together with interest calculated at the market rate.

If you do not pay the full amount owing by the due date for payment, however, interest will accrue on the outstanding amount calculated at the market and premium rates. If your objection is unsuccessful, you must pay the outstanding amount as well as the accrued interest.