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Answered in 6 minutes by:
11/1/2010
Peter G., Solicitor
Category: Australia Law
Satisfied Customers: 767
Experience: Law degree from the University of Melbourne 1978, with thirty years of practice experience.
VerifiedIs this a solicitor's letter? Does the letter say anything about a limitation period?
Leon, Solicitor
Category: Australia Law
Satisfied Customers: 52,712
Experience: BEc Dip Ed, Dip Law (SAB) MTax (UNSW)
VerifiedGood Afternoon.
The Limitation Period is 6 years under the Social Security Act 1991.
the relevant section is 1232
http://www.austlii.edu.au/au/legis/cth/consol_act/ssa1991186/s1232.html
Overpayments come under part 5.2 of the Act so the 6 years applies.
The six years runs from the day on which the debt arose or,
where the debt arose due to a contravention of the Act,
six years from the date the false statement, misrepresentation or non-compliance was discovered by Centrelink.
The six year period starts again from the date the debtor makes a part payment or acknowledges the debt, or from the date Centrelink takes any action in relation to the debt.
I would see a Solicitor if I were you and I would defend the action on the basis that they are out of time and cannot make the application to the court.
I hope this is of assistance and if so please click on the accept button
Leon, Solicitor
Category: Australia Law
Satisfied Customers: 52,712
Experience: BEc Dip Ed, Dip Law (SAB) MTax (UNSW)
VerifiedLeon and 87 other Australia Law Specialists are ready to help you
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