Reviewing Child Support decisions 109-09000000

Services Australia is required by legislation to provide customers with information and copies of documents supplied by an applicant, respondent or third party as part of the following decision making processes:

• Change of Assessment (COA)
• Capacity to Pay (CTP)
• Objections - including General, Care and Part 6A
• Administrative Review Tribunal (ART)

Information used to make these decisions must be exchanged with both customers to ensure a transparent, fair and reasonable decision making process.

Note: there is no legislative requirement in the objections process to provide a copy of the response (and/or accompanying documents) to the objector.

Child Support open exchange is consistent with that used by the ART and the Courts.

An objection is a formal full merit review for customers who believe Child Support have made a mistake or applied the law incorrectly. Most objections must be lodged in writing.

The review is conducted by an Objection Officer who was not involved in making the original decision. The Objection Officer will reconsider the facts, law and policy aspects of the original decision and determine the correct and/or preferable decision. There are 3 possible outcomes of an objection, disallowed, allowed or allowed in part.

The objection process can take up to 60 days (120 days for customers in reciprocating jurisdictions) and requires the open exchange of information between all parties to the objection.

Since 1 July 2010 (3 March 2011 for WA ex nups) customers may lodge an objection to any care percentage decision made by Child Support or Family Assistance. The objection can be lodged over the phone or in writing. If a customer raises multiple issues in their objection, only an objection to a care percentage decision is able to be taken over the phone.

Objections to care decisions where the notification date was before 1 July 2010 (3 March 2011 for WA ex nups) must follow the same process as for other objections.

If the objection relates to an overseas liability issued by an overseas authority, the objection can be transmitted to the relevant overseas authority.

A customer may apply to the Administrative Review Tribunal (ART) for an ART first review of:

• a decision to disallow, allow or part-allow an objection, or
• a decision to either grant or refuse an application for an extension of time to lodge an objection

The ART refer to this process as an 'application for review'.