If you are dissatisfied with a decision on your claim for a Back to Work payment, you can lodge an objection.
What is an objection?
An objection is a formal internal review process for resolving disputes about a decision we have made. You can 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 payment.
- Imposing a penalty amount.
Lodge an objection
Objecting is a formal process and you must:
- Object in writing.
- State the grounds for your objection fully and in detail.
- Include documentation supporting your grounds of objection, such as evidence of your eligibility to receive the Back to Work payment.
If you do not provide the necessary documents supporting your claim, your objection may be disallowed.
When should I lodge?
If you want 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 decision to which you are objecting.
Objections lodged out-of-time
If you want to lodge an objection outside the 60-day time frame, you must write to us and request permission to lodge an out-of-time objection. Your application must:
- Detail the circumstances and reasons that have prevented you from lodging your objection within the 60-day time period.
- Set out your grounds of objection.
- Contain any supporting documentation.
If you are allowed to lodge an objection out of time, it will be dealt with in the same manner as an objection lodged within the 60-day time period.
Your objection will be dealt with by a person independent of the original decision-maker.
They will use the information you provide, as well as other available information, to make their decision.
You will receive a written notice of determination on your objection. If it is disallowed or only partly allowed, we 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 (VCAT). 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 or your representative.
Do not lodge your written request directly with VCAT as it has no statutory power to accept an application directly from you.
Repaying 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 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, interest accrues 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 accrued interest.
Alongside the formal processes available to you, we are open to resolving disputes through early and informal negotiations and dispute resolution.