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Getting clarification about a decision
When you get your Fair Entitlements Guarantee (FEG) claim decision, you may have questions about why your claim is ineligible or why the payment amount is different from what you expected. Most answers to these questions will be in your decision letter and you should take the time to read it.
If you still need more details, or think there has been a mistake, contact the Department of Employment and Workplace Relations (the department):
- Call the FEG Hotline on 1300 135 040 (Monday to Friday, 9 am to 5 pm Canberra time, excluding ACT and national public holidays)
- Email FEG@dewr.gov.au.
You should do this if:
- You want to understand how the decision was made.
- You believe the department has made an error.
- You have new information that could affect your claim.
Department-initiated reviews
Sometimes, the department may review the decision on your FEG claim even if you haven’t requested it. This is called a department-initiated review which is undertaken under section 37 of the Fair Entitlements Guarantee Act 2012 (FEG Act).
A department-initiated review can look at whether:
- you are eligible for a FEG payment and the amount payable, or
- any FEG payment you have received was correct.
The department can start a department-initiated review at any time if there is a good reason to do so.
How the department-initiated review works
A departmental officer will review your FEG claim decision, considering:
- the original decision
- Information the department already has, including anything you or the insolvency practitioner has given it.
- any additional information provided by you, the insolvency practitioner or other third parties
After this review, a departmental officer will decide one of the following outcomes:
- keep the original decision (affirm),
- change the original decision (vary), or
- replace the original decision with a new decision (set aside).
You’ll get a letter explaining the outcome and the reasons for the review decision.
If you have applied to the Administrative Review Tribunal (ART) for a review of your FEG claim decision and the department changes or replaces the decision, the department will notify the ART.
If the department initiates a review, you still have the right to request an internal review under section 38 of the FEG Act.
Completion timeframes
There is no set timeframe for a department-initiated review, but the department aims to complete the review a quickly as possible.
The time needed will depend on how complex the review is and whether extra information is required from you, the insolvency practitioner, or other third parties.
How to request a review
If you disagree with a decision about your eligibility or payment amount, you can ask for a review under section 38 of the FEG Act. This is a claimant-requested review.
You must make your request in writing within 28 days of the date of the decision (or longer if the department approves an extension).
Your request should:
- identify which parts of the decision you disagree with.
- explain why you disagree with the decision and want the decision reviewed.
- include any relevant supporting documents you haven’t already given the department.
How to submit your review request
The easiest way to make a claimant-requested review is through FEG Online Services.
If you can’t request the review online, download the review application form and submit it by:
- email to FEGReviews@dewr.gov.au
- post to:
FEG Reviews
Fair Entitlements Guarantee Branch
GPO Box 9828
Canberra ACT 2601
Download the Internal review of a FEG decision under Section 38 – application form.
How the claimant-requested review works
A departmental officer will review your claim decision, considering:
- the original decision
- the issues you raised
- any supporting documents you provided
- information already held by the Department
- any extra details obtained from the insolvency practitioner or other parties
A departmental officer (who was not involved in your original claim) will then decide on one of the following outcomes:
- Keep the original decision (affirm)
- Change the decision (vary), or
- Replace it with a new decision (set aside).
You’ll receive a letter explaining the outcome and the reasons.
Note: You can withdraw your application at any time before the review is finished.
Completion timeframes
There’s no set timeframe for completing a claimant-requested review, but the Department aims to process reviews as quickly as possible.
The time needed depends on how complex the review is and whether extra information is required from you, the insolvency practitioner, or others.
Download the Reviewing a FEG decision factsheet.
Appealing a claimant-requested review decision
If you are not satisfied with the outcome of the review you asked the department to do you can apply to the ART for an independent review.
You must apply within 28 days of receiving your review decision notice, using the forms available from the ART Registry or ART website, and note that a lodgement fee may apply.
For more information call the ART on 1800 228 333 or visit the Administrative Review Tribunal website.
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