Tickner and Secretary, Attorney-General’s Department

The Administrative Appeals Tribunal reviewed a decision affirming the original decision that the Applicant was ineligible for an advance under the Fair Entitlements Guarantee (FEG) Act 2012 (Cth). The Applicant's claim was rejected on the basis that she had not lodged an "effective claim" within the 12-month statutory period following the termination of her employment or an insolvency event concerning her employer. The Applicant had commenced a claim on the FEG online portal on 21 May 2018, with her employment terminating on 22 May 2018, and the employer entering liquidation on 26 April 2018.

The primary legal issue before the Tribunal was whether the Applicant had made an effective claim for FEG assistance within the prescribed time limit. This required determining if her actions on 21 May 2018 constituted a claim that met the requirements of the FEG Act, specifically section 14, which mandates that a claim be in an approved form, accompanied by required documents, and lodged within 12 months of the relevant insolvency event or employment termination. The Applicant contended that she had submitted a claim and that any deficiencies were due to defective administration and the user-unfriendliness of the online portal at the time, particularly given her personal circumstances.

The Tribunal considered the evidence, including the Applicant's online activity and communications with the FEG team. It noted that the FEG Act provides no discretion to extend the 12-month time limit for making a claim. Based on the evidence, particularly the Respondent's records indicating "Incomplete claim form" for the 21 May 2018 access and the subsequent access only occurring in March 2021, the Tribunal found that the Applicant had not submitted an approved claim form with the required information within the 12-month period. Therefore, the Tribunal concluded that the Applicant had not made an effective claim and was consequently ineligible for an advance under the FEG Act. The decision under review was affirmed.