Administrative Review Council Inquiry on Social Security
Key Issue 4 – Role of alternative dispute resolution in the ART
Alternative dispute resolution (ADR) has traditionally been used for second-tier merits reviews where the Department of Social Services is a party to the review. Dispute resolution processes have included conferences, conciliation, mediation, case appraisal or neutral evaluation, and were aimed at facilitating the settlement of an application for review.
Current arrangements applying in the ART allow for the availability of dispute resolution processes at first review for social security matters. This means that it is possible for agency decision-makers to be required to participate in both first review and second review, including single-party case conferencing at both levels, if the ART considers it appropriate. The changes were made with the intention of increasing the chances of finalising a matter at earlier stages of decision-making and review.
The Council is interested to hear from the community and stakeholders about experiences using ADR in social security matters in the ART, and whether there are any changes that could assist with the quick and informal resolution of matters.
This is discussed further under Key Issue 4 in the Issues Paper.