Integrated care – Complex care 277-03060050
Expand allWA Ex-nuptial child support cases must be managed under the legislation that was in place prior to the amendments effective 23 May 2018 and 1 July 2018, see Disputed care before 1 July 2018 (15 May 2019 for WA Ex-nuptial cases).
Template
Do not share these attachments externally. See Freedom of Information - Information Publication Scheme.
Incarcerated Customer Appointment Email template
Potential ACSC – PSM review template
ACSC Referral and Decision template - Consideration of Actual Care in Special Circumstances
ART/ARO Decision Implementation template
Interim Periods
Court Orders
Table 1: this table outlines the interim periods associated with court orders.
Parenting plan or written care agreement
Table 2: this table outlines the interim periods associated with parenting plans or written care agreements.
Examples - Disputed care
Table 3: this table provide examples to assist in dealing with disputed care.
|
Item |
Example |
|
1 |
Court order – first care decision for child, reasonable action being taken Jim and Keith have a court order made on 2 May 2021 providing them with 50% care each of their child, Fran. They had been following the court order since it started. Neither customer registers for a child support assessment at the time that the court order is made. On 15 September 2023, Jim applies for a child support assessment for Fran. Jim advises Fran has been living with him full time from 1 August 2023. When Services Australia contacts Keith, Keith advises he:
Services Australia makes a decision to apply an interim period in the assessment from 15 September 2023.The assessment recognises 50% care each for Jim and Keith for the interim period. The interim period may last up to 26 weeks from 1 August 2023, depending on whether Jim takes reasonable action to participate in family dispute resolution. |
|
2 |
Parenting plan – not first care decision for child, reasonable action being taken Beverley advises that a court-registered parenting plan, made 2 years ago, is in place stating that the child is to spend alternate weeks with the parents. However, the child, Tim, aged 4, was supposed to have been returned on the weekend by the other parent Jim. Services Australia has a copy of the parenting plan as this was used to calculate the care percentage for their FTB rate. Beverley will be seeking legal advice, so she is regarded as taking reasonable action to have the parenting plan enforced. Jim is contacted and advises that he will not participate in approved Family Dispute Resolution, which means he is not taking ‘reasonable action’. In this case, as the care changed before 29 March 2024 and there was an existing care determination in place before the change in care, an interim determination cannot be made. |
|
3 |
Court order – not first care decision for child, reasonable action being taken Bill and Haley have a court order, made on 1 September 2018, providing them with 50% care each of their child, Lauren. Bill and Haley have had a child support case for Lauren since 15 February 2019. Bill and Haley have been following the care percentages provided for in the court order. On 31 March 2024, Haley refuses to return Lauren to Bill's care and contacts Services Australia to advise that she will now have 100% care of Lauren. When Services Australia contacts Bill, he advises that he agrees care has changed as described by Haley but disputes the change in care and is seeking legal advice about his options. As the change of care day was after 29 March 2024, an interim care determination can be made, even though the previous care determination will need to be revoked. |
|
4 |
Parenting plan – not first care decision for child, no reasonable action being taken Matthew has 70% care of Alice and Fran has 30% care of Alice, according to their parenting plan. On 1 October, Matthew moves house with Alice and Fran does not take reasonable action to have care in accordance with the plan or to seek a new plan. Matthew notifies Child Support of the change on 5 November. Child Support makes a decision based on actual care (100% to Matthew with an effective date of 5 November and 0% to Fran from 1 October) |
|
5 |
Date of Effect of interim care decisions A Parenting Plan (40 weeks old) is applying in the assessment. Care as per the arrangement is 100% to the Payee. Care is withheld by the Payer from 01/04/2024, change in care is notified on 1/06/2024. The Payer is not participating in Family Dispute Resolution process. An interim care decision is made. Maximum Interim Period will apply. Interim period will apply for 14 weeks from 01/04/2024 to 07/07/2024- 100% care to the Payee as per the care arrangement. Actual care will apply from 08/07/2024 – 100% care to the payer as per actual care. |
Examples - Creating interim period in Cuba for new written care arrangement not previously notified
Table 4
|
Item |
Example |
|
1 |
Creating an interim period when written arrangement was initially followed Payee notifies change in care for claimed for child on 1/06/2024. Parenting Orders with 50/50 care each to Payer and Payee were made on 1/02/2022 and were being followed. From 15/05/2024 Payee is withholding care as the child is refusing to go to the Payer. Payer is seeking recovery action. An interim care decision is made from 15/5/2024.
|
|
2 |
Creating an interim period when care is withheld from the start date of the care arrangement Parenting Orders apply from 1/06/2024- 50/50 care to payer and payee. Care was withheld from 1/06/2024- Actual care is 100% to payee from 1/06/2024. Payer is taking reasonable action to have care as per the parenting orders. A decision is made to apply an interim period from 1/06/2024. The new parenting orders also need to be recorded from 1/06/2024. Cuba will not accept 2 care records with the same DOE, the following workaround is to be applied
Now the previous care will apply to 31/05/2024 and the interim period as per the new parenting orders will apply from 1/06/2024. |
Example - Interim Care Review Intrays
|
Item |
Example |
|
1 |
When roles reverse after a future interim care period ends An interim care decision is made on 1 July 2024. The decision is to apply an interim period for 26 weeks from 1 April 2024 to 6 October 2024. When the interim period ends on 6 October 2024, the roles will reverse, and a reverse case should start from 7 October 2024. Cuba will not automatically create a reverse case with a future start date. Service Officers will:
The intray will automatically route to a Complex Care holding position. If there are no other outstanding issues, the customer can be unlocked. After the 7 October 2024, a Complex Care Service Officer will:
|