When a person contacts you for help, it is very important to take time to find out the facts as he or she sees them. Sometimes Centrelink fails to do this and, as a result, makes an incorrect decision. If necessary, you can arrange for an interpreter or use the Telephone Interpreter Service (see Chapter 2, 2.8).
Wherever possible, obtain relevant written material, especially letters to or from Centrelink. This is often clearer and safer than relying on oral explanations by your client or a Centrelink officer about what has happened.
Some people may agree with your summary of facts when they have not really understood what you said or are too reluctant to tell you that you have got it wrong. Often it is necessary to double-check very carefully and patiently.
If your client seems uncertain or confused about the facts, or has no documents to help clarify their position, it is usually best to contact a Call Centre or, if necessary, the person’s local Centrelink office straight away in order to find out Centrelink’s version of events.
Question what your clients tell you, without being unfriendly or critical. It is usually in their interests to be advised whether their explanation is likely to be believed by Centrelink or other authorities. Also, some clients keep quiet about particular things because they think they may be damaging, when in fact they are helpful to their case.
It is important to find out whether urgent action is necessary. The need for urgency may arise because:
In most circumstances, it is important that appeals against a Centrelink decision are made within three months. Where Centrelink has made a decision that a person has unreasonably delayed entering into an “Activity Agreement” (see Chapter 22), it is important to appeal to the Authorised Review Officer within 14 days of that decision to ensure that payment can be continued during the review process.
Table 3.1 lists certain types of information and documents that are usually important to obtain from the first contact with your client. However, it is not always essential to obtain them all, and in some circumstances a lot of other information will need to be obtained.
There is a wide range of steps which may need to be taken after the first contact with a client. Table 3.2 shows some of the basic options for what the next action to be taken might be. Sometimes more than one option should be followed.
A problem can arise where you are approached together, or separately, by a man and woman about, say, a question of eligibility for Parenting Payment (single) that depends on whether or not one person is financially supporting the other. Another example is where a young person, and later his or her parents, approach you about a question of qualification for the independent rate of payment for young people which depends on the circumstances that led the young person to leave home.
You should never advise two clients whose interests are quite likely to be in conflict. It is usually necessary to advise only the first person who approaches you.
It may be appropriate to give the second person some basic information about their rights before referring them to some other agency for help.
Where both people approach you at the same time, you should immediately choose which one of them you will advise and refer the other for help elsewhere.
Information |
Comments |
Previous contact |
|
Basic outline of problem |
|
Degree of hardship |
|
Assistance sought |
|
Relevant documents |
|
Income |
|
Personal details |
|
Depending on the particular circumstances, there may also be many other things which you need to know. | |
You should not contact any person or disclose any information to them unless your client approves or you are required to do so by law. If in doubt whether to disclose something, consult a specialist agency or a lawyer. Do not rely on whether Centrelink says that you must disclose certain information.
It is very important to preserve your client’s confidentiality and privacy. For example, don’t leave revealing messages for clients when ringing their home or work. In some instances it may be damaging even to leave the name of your agency.
Explain to your client at the outset the way in which you will protect his or her confidentiality and point out, if it is the case, that you are entirely independent of Centrelink.
For further information about confidentiality and duties to disclose information to Centrelink, police and others, see Chapter 6.
Table 3.2 Options for action after first interview | |
Option |
Comment |
Take no action |
It may be that no action is necessary (at least for the present) |
Refer on for help |
Referring the client to some source of assistance (eg a welfare agency, a government department, or the Commonwealth Ombudsman) |
Investigate |
Seeking further information from Centrelink or elsewhere (including possible use of the Freedom of Information Act) |
Notify |
Providing information to Centrelink or some other department, or explaining information which has already been provided |
Claim |
Making a claim for a pension, allowance, Family Tax Benefit or some other type of assistance |
Speed up Centrelink |
Trying to speed up action by Centrelink or some other body (eg in processing payments, making investigations, or deciding whether to grant a claim) |
Delay |
Seeking delay in the implementation of a Centrelink decision (eg a cancellation of pension) until further investigation and negotiation has taken place |
Appeal |
Seeking alteration of a decision by:
|
Complain |
Complaining directly to the Minister or to the head of Centrelink |
Encourage self-help ... Where possible it is often useful to encourage clients to take action personally, especially if it involves filling in a claim form or taking the first steps in a fairly simple dispute, especially if the person is confident and articulate.
It is important, however, to emphasise that the person is welcome to come back for further help if needed, and that you will follow up later to see how the person has got on.
It may be helpful to give a list of the steps you have advised them to take, or the points which you have suggested they make to Centrelink. They could also be reminded to keep written records of any dealings they have with Centrelink, including the name of any officer they deal with and the Centrelink receipt number.
... but give help where necessary: Many people need someone to act on their behalf. This is especially true where they:
Sometimes a telephone call by you to Centrelink will clarify the problem, or identify the next step, so that your client will then be able to carry on handling the problem. In other situations, however, you will need to continue handling the problem yourself in order to increase the chance of success and to save a lot of time and worry for your client.
Get consent: No action should be taken without explaining it to the client and obtaining his or her approval.
It is wise to obtain written authorisation from the client in order to persuade other people (eg Centrelink and doctors) to deal with you as the client’s agent and for them to disclose information to you.
Arrange referrals: If you intend to refer a client to someone else, it is usually desirable to ring beforehand in order to check that the referral is appropriate and to make sure that the client will be able to get to the right place and person. Wherever possible, make an appointment for the client and inquire later to see whether the referral was successful.
Get expert advice if necessary: Social Security laws and procedures can be very complex. Advice from people specialising in that area can help you to identify the key issues and prepare the best possible case for your client.
Possible sources of expert advice or help are found within Centrelink from:
“Customer Service Improvement Advisers” at local Centrelink offices.
Possible sources and assistance or advice outside Centrelink:
Check for other possible entitlements: do not concentrate your attention on one particular type of claim without considering whether there are other types of payment from Centrelink or from other sources which your client may be eligible for.
Don’t advise unlawful action: Never advise a client to do anything unlawful. When a person asks what will happen if they do something unlawful (eg fail to disclose that they are working while on Newstart Allowance), they should be advised frankly about the likelihood of being caught and the consequences which would follow.
Keep full records: It is essential to keep full records in your files. Records should be kept of:
Like all advisers who are not lawyers, you may be required by a court to give evidence of your dealings with clients or to produce any documents you may have (including your notes).
You should keep a copy of any letter, form or other document about your client that you send to anyone, especially Centrelink.
Ask your client to notify of developments: Centrelink often communicates directly with clients rather than with their advisers. Ask clients to tell you immediately if Centrelink contacts them or sends them documents.
You should also advise your client to tell you of any changes in their situation such as a change in their income.
Make a final check: Before closing a file, it is desirable to consider checking with your client whether they need any further help. Many clients are very reluctant to keep asking for help. Even if they do not need further help, they usually appreciate being asked.
