Refunds
Types of fees: refunds
Under certain defined circumstances as described in the Australian Passports Determination 2005, Section 8.3, passport fees may be refundable. A decision to not refund a passport fee is a reviewable decision under the Australian Passports Act 2005, Section 48. See ‘ Appealing decisions ’.
A fee includes the:
- application fee (i.e. lodgement fee), see ‘ Application fee refund ’,
- priority processing fee (PPF), see ‘ Priority processing fee refund ’, and
- lost/stolen fee (L/T), see ‘ Lost/stolen fee refund ’.
Delegations to refund a fee
The Australian Passports Act 2005 – Authorisations and Delegations, Part 2, Item 19 specifies those positions which have the delegation for approving refunds of a fee under the Australian Passports Determination 2005, Section 8.3(1) - (6).
Application fee refund
An application fee (or lodgement fee) is generally non-refundable, however, provision exists under the Australian Passports Determination, 2005 Section 8.3 (6) to allow for the refund of an application fee due to extenuating or unusual circumstances. A decision not to issue a passport is generally not considered to be an extenuating or unusual circumstance.
Extenuating or unusual circumstances: application fee refund
The application fee may be refunded under the Australian Passports Determination, 2005 Section 8.3 (6) where:
- The applicant dies after lodgement of application but before the travel document is dispatched.
- The applicant’s proposed travel is cancelled at short notice due to the death or serious illness of an immediate family member and the travel document was sought principally for the proposed travel.
- The applicant has been diagnosed with a terminal illness subsequent to lodgement that would prohibit international travel.
- The applicant is found to hold an existing valid travel document subsequent to lodgement and the applicant was not aware of the valid travel document at time of lodgement.
- The applicant is found to not be an Australian Citizen after lodgement and the applicant was genuinely unaware that they are not an Australian Citizen.
- Where both parents originally gave consent for a child’s application but one parent subsequently withdraws their consent during the processing of the application.
- The applicant is seeking to replace their valid passport as they have changed their name as part of the transitioning process to their preferred gender and can provide evidence from their medical practitioner confirming they are in the process of transitioning.
All claims for a refund of an application fee must be in writing to the Manager, Australian Passports Office in the capital city of the applicant’s state or territory of residence. If overseas, the claim for refund must be in writing to the Consul at the Australian mission where the application was lodged. The claim should provide the applicant’s full name, passport number and the date/place of lodgement of the application and include details supporting the claim. The Passport Office (usually the Passport Manager) will assess the claim and if considered that a refund is appropriate will refer the claim to the delegate for approval.
Regulation 9 approval for the return of passport fees/refunds of passport fees
Regulation 9 delegates may approve refunds of passport fees/return of passport application monies in limited instances. These include:
1. Where a client is charged twice in error;
2. Where a fee is charged for the wrong document type;
3. Where the applicant has been charged however is entitled to a gratis passport – e.g. for marriage/divorce/death, to replace LVP, child photo update, faulty foil/laminate, approved natural disaster;
4. Where the applicant has been charged for a lost/stolen fee however this not applicable (e.g. loss/theft more than 5 years ago, previous full validity passport was expired before it was lost/stolen); and
5. Approving the return of application monies to a client where the passport application is incomplete and the client fails to respond to a 28 day letter.
Staff may wish to seek clarification from a delegate as listed in section 8.3 of the Australian Passports Act 2005 —Authorisations and Delegations 2011 when determining whether a regulation 9 delegate is appropriate.
Refunds and returns of passport fees which arise in the above instances must be coded in SAP as a debit to G/L 16005 Passport Fees or G/L 16015 Lost and Stolen Fees. Refunds which are approved by a delegate under the Australian Passports Act 2005, are to be coded as a debit to G/L 16505 Refund of Passport Fees or G/L 16515 Refund of Lost/Stolen Passport Fees.
Priority processing fee refund
Service standard not met
Service standard not met - priority processing fee refund
The PPF may be refunded under the Australian Passports Determination, Section 8.3(2) (a) where:
- the travel document was not issued within 48 hours after receiving all the required information from the applicant,
Compassionate grounds
Compassionate - priority processing fee refund
The PPF may be refunded under the Australian Passports Determination, Section 8.3(2)(b) where:
- the applicant required the travel document for compassionate travel due to the death or serious illness of an immediate family member, including mother, father, son, daughter, brother, sister, mother-in-law or father-in-law.
Extenuating Circumstances
Extenuating or unusual circumstance - priority processing fee refund
The PPF may be refunded under the Australian Passports Determination, Section 8.3(6) where:
- the travel involves applicants other than immediate family members (including mother, father, son, daughter, brother, sister, mother-in-law or father-in-law), such as husband/wife, or where the applicant seeking a refund is dependent on, and travelling with, an immediate family member who qualifies for a PPF refund as detailed under ‘ Compassionate grounds ’.
Fee refund request
Fee refund request - priority processing
All claims for a refund of the PPF must be in writing to the Manager, Australian Passports Office in the capital city of the applicant’s state or territory of residence. If overseas, the claim for refund must be in writing to the Consul at the Australian mission where the application was lodged. The claim should provide the applicant’s full name, passport number and the date/place of lodgement of the application and include details supporting the claim. Where the request is on compassionate grounds documentary evidence to support their case (e.g. a copy of a death certificate, funeral notice, or letter from a treating doctor of the person visited) must also be provided.
Lost/stolen fee refund
Outside of applicants control
Outside of applicants control: lost/stolen fee refund
The lost/stolen fee may be refunded under the Australian Passports Determination Section 8.3(4) where:
- the refund application is made within three months after issue of the replacement travel document to which the fee relates; and
- the applicant can prove they could not reasonably be regarded as having caused or contributed to the loss or theft which is determined by whether the loss or theft was outside their control and not in any way a result of their carelessness; and
- the circumstances of the loss or theft are not covered by an insurance policy (irrespective of whether the insurance actually pays the claim).
Where a refund is approved the amount of the refund will be equal to the additional lost and stolen fee paid on the travel document for which the fee is paid.
Recovered passports
The lost/stolen fee may be refunded under the Australian Passports Determination, Section 8.3(5) where:
- an applicant, having reported a travel document as lost or stolen and having paid an additional fee for a replacement document, recovers the lost/stolen travel document and makes it available to a Passport Office or an Australian diplomatic mission or consulate for physical cancellation within 3 months of the travel document having been recorded by the APO as lost or stolen; and
- the applicant applies for a refund within 3 months after the lost/stolen travel document was recorded by the APO as lost/stolen.
Where a refund is approved the amount will be a one-off payment equivalent to the basic lost or stolen travel document fee. Any such payment does not affect the summing of lost and stolen travel documents over any subsequent periods for that individual.
The aim is to encourage the return of these travel documents so they can be physically cancelled and in so doing avoid the possibility of being used for illegal purposes.
Extenuating circumstances
The lost/stolen fee may be refunded under the Australian Passports Determination, Section 8.3(6) where:
- The APO has erred in interpreting the Passport Legislation, leading to an incorrect decision to refuse the refund.
- A natural disaster occurs and it is recommended to the Minister that travel documents are replaced gratis, but an application was lodged and a lost/stolen fee had been paid, prior to the Minister agreeing to waive passport fees.
- An authorised authority seizes a travel document that is no longer valid for travel (e.g. seriously damaged) and the travel document is lost by the authority.
Fee refund request
Fee refund request – lost/stolen
All claims for a refund of a lost/stolen fee must be in writing to the Manager, Australian Passports Office in the capital city of the applicant’s state or territory of residence. If overseas, the claim for refund must be in writing to the Consul at the Australian mission where the application was lodged. The claim may be made in a letter or on a B11 General Declaration form.
The applicant must submit their claim for refund in writing and provide the following details:
- Full name;
- Passport number;
- Date and place of lodgement of the application;
- Compassionate circumstances supporting the claim for refund;
- Confirmation that the applicant cannot claim reimbursement of the additional lost/stolen fee from a personal, household, or other insurance policy;
- If the passport was reported stolen, the original police report explaining the circumstances; and
- Address where a refund, if granted, is to be sent.
Appealing decisions
A decision to refuse to refund a fee is a reviewable decision under the Australian Passports Act 2005, Section 48(j). When a request for a refund of a fee has been denied, the Manager is to advise the client in writing of their review rights.