Australian Government
Department of Employment
Application for Internal Review of a FEG decision under Section 38
Decisions made by the Department of Employment about eligibility for assistance and the amount of
any assistance paid under the Fair Entitlements Guarantee Act 2012 (the FEG Act) are able to be
reviewed.
A person may lodge an application for internal review at any time after the department has made a
decision in respect of their claim. The review mechanisms are:
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Section 37 Review – where the department, at its own initiative, commences a review of a
FEG decision
Section 38 Review – where a person seeks an internal review of a FEG decision because they
disagree with the outcome. Such an application must be made within 28 days of the date of
the decision under review; and
Section 41 Review – where a person seeks an external review of an internal review decision
made under section 38.
As noted in the Reviewing a FEG Decision fact sheet, where a person has queries or concerns about
their FEG decision, it is recommend that they contact the department in the first instance to discuss
these concerns. Based on the information provided, it may be possible to resolve any concerns
without lodging an application for internal review, particularly where the department agrees to
initiate its own review of the decision (which could result in a quicker resolution of the issues).
Usually, the best way to contact the department to discuss concerns about a FEG decision is to send
an email to FEG@employment.gov.au or to telephone the FEG Hotline on 1300 135 040.
When should I use this form?
This form should be used only for those circumstances where a person is seeking an internal review
of a FEG decision under section 38 (whether or not their concerns have been discussed with the
department).
On receipt of an application for internal review under section 38, the department will then conduct
a review of its decision. In conducting the review, the department will independently investigate:
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the issues raised in the review application
any supporting information or documents provided in the application; and
any relevant information already held by the department, including information received
from the insolvency practitioner.
How long do I have to apply for an internal review?
An application for internal review under section 38 must be lodged within 28 days of the date of the
decision notice relating to the decision being reviewed. This period may be extended by the the
department if a person seeks additional time to lodge their review within the 28 day period.
What information should I include?
An application for internal review under section 38 must include any information or documents that
will be relied upon to support the reasons for seeking an internal review. Additional information will
be particularly important in cases where a person disagrees with the information an insolvency
practitioner has provided to the department from the books and records of their former employer.
However, it is not necessary to provide additional copies of documents that have been previously
provided to the department, or copies of documents that the department has referred to in its
previous decision.
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The below list includes examples of the types of documents that may help the department to assess
an application for internal review under section 38. It will not be necessary to provide all of these
documents in every case and only documents that are relevant to the issues raised in review
application are required. For example, if a review is being sought on the amount of unpaid wages
owed, bank statements will usually be considered relevant.
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workplace agreement, signed employment contract or letter of appointment
bank statements for the 13 weeks prior to the initial appointment of the insolvency
practitioner (or if employment ended before the appointment of an insolvency practitioner,
bank statements for the 13 weeks prior to the end of employment)
bank statements for the 30 days immediately after employment ended
letter offering new employment (if applicable)
payslips
letter of termination
timesheets
payment summaries
separation certificate
evidence of weekly or annual wage; and
evidence of salary sacrifice arrangements.
How long will the internal review process take?
The department aims to process applications for internal review under section 38 as quickly as
possible. Assessments are generally undertaken in the order in which they are received. The time
taken to assess a review may depend on its complexity and whether the department needs to
request additional information from a person, the insolvency practitioner or other third parties. If
the investigation of an application for internal review is likely to be delayed, the department will
advise a person of this.
On completion of the review, the department will notify a person in writing of the decision. The
decision may affirm, vary or set aside the decision being reviewed and substitute it with a new
decision. The decision letter will set out the terms of and reasons for the decision and will note any
rights of further external review.
Independent review by the Administrative Appeals Tribunal
Where a person disagrees with the the department’s decision under section 38 internal review, they
may apply to the Administrative Appeals Tribunal (AAT) for an external review of that decision. The
department must have completed the section 38 review of a FEG claim decision before an
application for external review can be made to the AAT.
What decisions are reviewable by the AAT?
Section 40 sets out which decisions under FEG are reviewable by the AAT. Subject to certain
limitations, the AAT may review decisions about eligibility for FEG assistance or the amount of FEG
assistance a person is eligible for. The AAT may not review a decision to reduce the amount of
assistance paid under FEG due to debts owed to the former employer.
Further information
Further information about reviews under the FEG Act is available as follows:
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see the fact sheet Reviewing a FEG decision – available at www.employment.gov.au/FEG
contact the insolvency practitioner managing your former employer’s business affairs
telephone the FEG Hotline on 1300 135 040
visit the website at www.employment.gov.au/FEG
send an email to FEG@employment.gov.au.
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Important Notes to an applicant for internal review of a FEG decision under section 38!
1. The information you provide in this form must be correct to the best of your knowledge. Giving
false or misleading information has serious consequences.
2. It is in your interest to include copies of all documents that may help us to assess your review
when you lodge your review application. A review decision may be made on your FEG claim based
on the information you have provided.
3. Please do not include copies of documents that you have already supplied to the department.
4. Please keep a copy of this form and any copies of any supporting documents for your own records
as we are unable to return them to you.
HOW TO FILL OUT YOUR INTERNAL REVIEW APPLICATION FORM
1. Complete this form in English.
2. If you speak a language other than English, call the Translating and Interpreting Service (TIS) on
13 14 50.
3. Read questions carefully and follow the instructions beside each question.
4. We encourage you to submit your application ONLINE. This will enable us to begin processing
your application in the shortest time possible. Please go to www.employment.gov.au/FEG:
(a) navigate to the ‘Application for section 38 Review Form’
(b) enter your answers by typing them into the relevant fields of the form
(c) note that at any time you can save this application to your computer by clicking the
‘Save’ button
(d) submit the completed application form by clicking ‘Submit’. If any fields are not
completed accurately, an error message will be displayed at the end of the form. You
must correct each error before you can submit your application online.
(e) note that you will be advised of the successful submission of your application for
section 38 review.
5. If you are using a PRINTED copy of this application form please use blue or black pen only, print
clearly and use only one form per person.
6. Try to fill out all sections of the application form, answering all questions and ticking the
relevant boxes. Fields marked with this symbol * are mandatory and must be completed, unless
you see an instruction to go to another question. Leaving a question blank may delay the
processing of your review.
7. For assistance in completing the form, call the FEG Hotline on 1300 135 040.
8. Once you have completed your application, it can be lodged with the department by sending it
to:
FEG Internal Reviews
Employee Entitlement Branch
Department of Employment
GPO Box 9880
CANBERRA ACT 2601
Alternatively, you can fax your form to us on (02) 6276 8717 or email it to us at
FEGreviews@employment.gov.au.
9. The department will notify you in writing when your application for internal review has been
received and after a review decision is made.
10. If you would like to check the status of your internal review, call the FEG Hotline on
1300 135 040.
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Fair Entitlements Guarantee
Application for Internal Review of a FEG decision under Section 38
Please answer all questions and tick the relevant boxes. Fields marked with this symbol * are
mandatory and must be completed, unless you see an instruction to go to another question. Leaving
a question blank may delay the processing of your application for an internal review.
PART A – REVIEW DETAILS
FEG CLAIM REFERENCE NUMBER
Question A1: FEG Claim Reference Number
Instruction for question A1: Your FEG Claim Reference Number is provided on the first page of the
FEG decision letter.
DATE OF FEG DECISION
* Question A2: What was the date of the decision you wish to have reviewed?
D D / M M / Y Y Y Y
Instruction for question A2: The date of the decision is provided on the FEG decision letter.
* Question A3: What is your former employer’s legal name?
Instruction for question A3: The legal name, for example, ‘XYZ Pty Ltd’.
PERSONAL DETAILS
* Question A4: Title
Instructions for question A4: Please tick a box to indicate your title
Mr
Mrs
Ms
Miss
Dr
* Question A5: Your name
* First name
Middle name
* Family name
YOUR CONTACT DETAILS
* Question A6:
Instructions for question A6: Provide a way for us to contact you during working hours.
Daytime contact number (include area code)
Alternative contact number (include area code)
Email
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* Question A7: What is your date of birth?
D D / M M / Y Y Y Y
REASONS FOR INTERNAL REVIEW APPLICATION
* Question A8: What parts of the decision do you want reviewed?
(Please indicate whether you disagree with all components of the decision, or only part of the
decision. For example, if you were paid several categories of employee entitlement but only disagree
with our assessment of one category of entitlement, please state clearly exactly which part of the
decision you disagree with).
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* Question A9: Why do you believe the decision is incorrect?
(Please set out in detail all of the reasons why you disagree with the decision. If you need additional
space you may include an attachment.)
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PART B – AGENT DETAILS
B1: Complete this section if you wish to authorise someone to speak with us about your application
for internal review on your behalf. For example, your husband, wife, partner, brother, sister or child
– as long as they are over the age of 18.
If you wish to authorise an agent, please ensure that all parts of the agent authorisation are
completed.
Question B1: Do you want someone else to speak with the department on your behalf?
Yes
No
If Yes, complete the details below and advice will be sent to your agent confirming
that they will receive correspondence in relation to your application for internal review
If No, go to Part C – Privacy Statement and Declaration
Question B1.1: Agent’s title
Mr
Mrs
Ms
Miss
Dr
Question B1.2: Agent’s first name
Agent’s family name
Question B1.3: Relationship to agent (i.e. husband, wife, brother, sister, friend)
Question B1.4: Agent’s postal address
Number and street or Post Office Box number
Suburb/city
State or territory
Postcode
Country
Question B1.5: Agent’s contact details
Agent’s phone number (include area code)
Agent’s email address
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PART C – PRIVACY STATEMENT AND DECLARATION please read carefully before submitting
PRIVACY NOTICE
The Department of Employment is authorised under the Fair Entitlements Guarantee Act 2012 to
collect personal information for the purposes of administering FEG.
The department manages information given by you in this review application form in accordance
with the Privacy Act 1988. It collects this information, and other information in relation to your
internal review to facilitate the effective operation of the FEG, and for the purposes of determining
what employee entitlements you may be owed by your former employer. The department also uses
the information for statistical research, monitoring and evaluation that may be carried out by it or
by external commercial researchers.
The department usually discloses some or all of the information which relates to your internal
review for purposes outlined above to the insolvency practitioner who is administering your former
employer’s affairs; to an independent FEG contractor appointed by the department to verify
entitlements; to a third party distributor engaged to distribute FEG funds; to Centrelink for the
calculation of entitlements; to the Australian Taxation Office, the Australian Securities and
Investments Commission and the Insolvency and Trustee Service of Australia to facilitate the
recovery of FEG advances and to support compliance activities; to the Fair Work Ombudsman for
investigations under the Fair Work Act 2009; to the Administrative Appeals Tribunal in the event
that a decision is subject to an appeal, and to the Commonwealth Ombudsman where a complaint is
made in relation to a FEG claim.
For further information about the Department of Employment’s privacy policy including access,
correction and complaint procedures, please go to employment.gov.au/privacy or request a full
copy of the policy by emailing privacy@employment.gov.au.
DECLARATION
1. The information provided in this review application form is true and correct to the best of my
knowledge.
2. I confirm that I have provided the information contained in this application form either personally
or through the assistance of the agent listed in Part B.
3. I authorise my employer (or the insolvency practitioner on behalf of my employer) to disclose to
the department for the purpose of reviewing my claim for FEG assistance, information in relation to
my employee entitlements. I understand that the department may use this information when
determining the action to be taken on this application or for statistical research, monitoring and
evaluation.
4. I authorise the department or its agents to exercise, on my behalf, any statutory rights I have to
require the employer (or insolvency practitioner) to provide me with access to, or copies of, my
employment records, where those records are required to determine the action to be taken on this
application.
5. I authorise the Department of Immigration and Border Protection (DIBP) to disclose to the
department information in relation to any Australian Visas I hold or have held, including the
disclosure of information about my visa status available through the DIBP Visa Entitlement
Verification Online system. I understand that the department may use this information when
determining the action to be taken on this application.
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6. I authorise the Fair Work Commission, the Fair Work Ombudsman and Fair Work Inspectors to
disclose to the department for the purpose of determining the action to be taken on this
application, information in relation to any Workplace Agreement and/or employment agreement to
which I am, or have been, a party. I understand that the department may use this information when
determining the action to be taken on this application.
7. I authorise the Fair Work Ombudsman to disclose to the department for the purpose of
determining the action to be taken on this application, information in relation to me that it has
collected as a result of any investigation by the Fair Work Ombudsman. I understand that the
department may use this information when determining the action to be taken on this application.
8. I accept that I am not entitled to receive or retain any money paid as a result of any error on my
behalf; on the part of an insolvency practitioner acting for my insolvent employer; on the part of a
third party engaged to distribute FEG funds; on the part of a third party accountant who has been
engaged to verify information; or on the part of a person administering FEG for the Commonwealth.
I further accept that any sums paid under FEG in the above circumstances will constitute a debt
owed by me and will be immediately repayable in full. Interest may be payable on this amount.
9. I confirm that any copies I have provided are true copies of the original documents.
10. I acknowledge that the giving of false or misleading information has serious consequences.
YOU MUST SIGN AND DATE YOUR APPLICATION FORM
* Print your full name
* Your signature
* Date
D D / M M / Y Y Y Y
Please remember to attach copies of any documents which you believe support your application.
Send copies only as originals cannot be returned.
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