Issuing a Child Support departure authorisation certificate (DAC) 277-04130030

Where a departure prohibition order (DPO) is in force, a customer can apply, verbally or in writing, for the issue of a DAC (section 72K of the Child Support (Registration and Collection) Act 1988).

A DAC:

• allows a child support or overpayment debtor to depart Australia despite a DPO being in place
• does not revoke a DPO. It places strict limits on when a customer may depart Australia
• must be issued if the following conditions are satisfied (section 72L of the Child Support (Registration and Collection Act) 1988):
• the person will depart and return to Australia within a period that the delegate considers appropriate, and
• it is likely that (within a period that the delegate considers appropriate) the delegate will be required to revoke the DPO pursuant to section 72I(1) of the Child Support (Registration and Collection) Act 1988, and
• the person is not required to provide security (see ‘DAC issued on security’ in the Child Support Guide 5.2.11: Departure prohibition orders)

If the delegate is not satisfied the above conditions have been met, a DAC must still be issued if:

• the person has given security for their return to Australia, and
• the delegate is satisfied it is likely that (within a period that the delegate considers appropriate) the delegate will be required to revoke the DPO. See ‘DAC where revocation likely and security provided’ in the Child Support Guide 5.2.11: Departure prohibition orders) or
• the person is unable to give security and the Registrar is satisfied that the DAC should be issued on humanitarian grounds or in Australia’s interest

Note: ‘unable’ in this context means the person could not provide security in the existing circumstances. For example they lack the capacity to do so. It is not enough that the person is unwilling to do so or has been unable to obtain agreement about the amount or nature of the security.

When a customer contacts Child Support seeking to apply for a DAC, tell them the legislative conditions outlined above. For more detail, see the Child Support Guide 5.2.11: Departure prohibition orders.

DPO Service Officers must provide customers with all their options and clarify whether the customer is seeking to apply for a DAC. If the customer is applying for a DAC, include their reasons in the submission. The decision to not issue a DAC can only be made by a delegated officer. A delegate’s decision to refuse to issue a DAC gives the customer a right of appeal to the ART.

DAC submissions can only be completed by DPO Service Officers. Deceased Customer Management (DCM), Personalised Services (PS) and Debt Enforcement Officers managing a customer applying for a DAC must contact a DPO Team Leader to progress the DAC application.

Go to Step 2.

Complete the DAC submission template including the customer’s reasons for requesting a DAC and the considerations against each of the conditions under s72L. Provide the delegate with the reasons for recommending or not recommending a DAC.

Email the completed DAC submission to DPO Team Leader with the subject heading:

'Routine DAC submission (include the customer’s name and CSID)'.

Note: replace ‘Routine’ with ‘Urgent’ if intended travel is less than 3 days in the future.

The DPO Team Leader must:

• check the DAC submission, ensuring all necessary considerations have been made
• email the delegate (with a copy to the DPO Service Officer) a copy of the DAC submission and their recommendation

Note: if the DAC submission is for an outstanding child support maintenance amount over $50,000, send the DAC submission to the DPO Team Leader. The DPO Team Leader will work with DPO Program Support Manager (PSM) to progress the DAC application. The DPO PSM will submit the DAC Submission to the ICS National Manager who is the authorised delegate.

If the submission is not complete, return it to the DPO Service Officer outlining what changes are required.

Based on the DPO Service Officer’s recommendation, the delegate must:

• consider the recommendation and decide to issue or refuse to issue a DAC
• document the decision to approve or refuse the DAC, in the submission email. Including the reasons and legislative basis for the decision. Forward the decision email to the submitting DPO Team Leader or DPO PSM

If the submission is not complete, return the email to the DPO Team Leader or DPO PSM outlining the additional information required.

Upon receipt of the email the DPO Service Officer will either:

• amend the incomplete DAC submission to include the additional information required by the delegate, and email, via their team leader, the updated submission to the delegate for their approval/refusal, or
• record the DAC submission in the Collection window
• advise their DPO Team Leader the submission has been recorded on Cuba for their approval/refusal

Child support debt

Paste the DAC submission in full onto the DAC Request Submission dialogue box in the Departure Prohibition Order window:

• Category - Level 2
• Action - DPO
• Outcome - Departure Authorisation Certificate Submission

Once saved, a DAC Submission intray will generate.

Overpayment debt

• Category - Level 1
• Action – Information Gathering
• Method – Select Phone and Other from the Outcome dropdown list
• Date of Call will default to today’s date, amend if needed
• Select the By Phone button in the Phone Details
• In the Third Party Details box type ‘OVP DAC Submission’
• In the Other box in the Commitments Made box type ‘DAC Submission’
• Paste the DAC submission into the Additional Information text box

Not enough character space

If the Departure Prohibition Order/Additional information window does not give enough space to record the DAC submission:

• add a pointer in the Collection window to the Client Profile window, and
• paste it in a notepad in the customer’s Client Profile window. Use the subject heading 'DAC Submission'

If the customer is expected to travel within 72 working hours, the DPO Team Leader must:

• contact the delegate, and
• advise them that an urgent DAC needs to be considered

If a security payment is provided, see Table 2.

Use the DPO Team Leader Tool to document the decision to approve or refuse the DAC submission in the Collection window.

Child support debt

Record the decision in the Collection window.

Overpayment debt

• Category - Level 1
• Action – Information Gathering
• Method – Select Phone and Other from the Outcome dropdown list
• Date of Call will default to today’s date, amend if needed
• Select the By Phone button in the Phone Details box
• In the Third Party Details box type ‘OVP DAC decision’
• In the Other box in the Commitments Made box type ‘DAC Decision’
• Paste the DAC decision into the Additional Information text box

Not enough character space

If the Departure Prohibition Order/Additional information window does not give enough space to record the DAC decision:

• add a pointer in the Collection window to the Client Profile window, and
• paste it in the customer’s Departure Prohibition Order window notepad. Use the subject heading 'DPO DAC delegate decision'

If a security payment is provided, see Table 2.

Was the DAC refused?

• Yes, go to Step 7
• No, go to Step 8

If the delegate has refused the DAC, paste a DAC refusal letter into a unique letter on Cuba:

• Pend the letter. Check for correctness
• Email the draft letter to the Team Leader for approval before sending to the customer. The Team Leader will advise their approval by email
• Print the DAC refusal letter locally
• Paste a copy in the Departure Authorisation Certificate window notepad

Note: the customer has no objection rights on a decision to not issue a DAC. The customer can apply to the Administrative Review Tribunal (ART) if they are not satisfied with the decision.

See Letters Cuba Process Help.

If the delegate has approved the issuing of a DAC, draft the appropriate DAC covering letter and relevant DAC notice, according to the customer's debt.

Paste the completed DAC covering letter into a unique letter:

• pend the letter
• check the letter is complete and correct
• email the DPO Team Leader to advise the letter has been pended for their approval. Attach a copy of the DAC notice

See Letters Cuba Process Help.

Upon receipt of the DPO Team Leader’s notification that the letter and notice has been approved:

• change the letter status from PENDED to KEYED
• the PENDED letter and DAC notice must be saved in PDF format for forwarding to the AFP
• print the covering letter locally to send it to the customer with the DAC notice
• email a copy of the notice and letter to the Australian Federal Police (AFP)
• paste a copy of the DAC Notice in Departure Authorisation Certificate window notepad with a subject header ‘DPO DAC notice’
• Update the DAC Submission status to Approved
• Once saved, an Expiring DAC intray generates

Note: the customer has no objection rights on a decision to issue a DAC. The customer can apply to the ART if they are not satisfied with the period covered by the DAC.

The Services Australia (Child Support-Centrelink) Border Alert Guidelines outlines arrangements to be observed by both organisations to ensure mutual operational effectiveness.

Note: only the DPO PSM can complete the field ‘Health and Safety Warnings’.

Complete and send the AFP email - DAC Issued with the PDF copy of the DAC notice. The Resources page has a link to the template.

If the customer is expected to travel within 72 hours the AFP must be advised by telephone that an urgent DAC has been issued, as well as by sending an email.

Record all contact with the AFP in the notepad in the DAC submission window with subject heading ‘DPO AFP’.

A DAC may be issued if a person has provided appropriate security for their return to Australia.

Section 72M of the Child Support (Registration and Collection) Act 1988 provides for a person to give 'such security as the Registrar considers appropriate' for the person’s return to Australia. If this security is given the Registrar must issue a DAC under section 72L(3)(a).

The preferred method of security payment is a direct deposit, however a bank cheque is also acceptable with DPO Team Leader approval.

Note: personal cheques and cash cannot be accepted.

Do not issue the DAC until receipt of the security payment is confirmed. Security payments can only be made in accordance with this process.

If the security payment is made via:

• direct deposit, go to Step 2
• bank cheque, go to Step 3

Advise the customer the security payment must be made to:

• BSB: 092-009
• Account Number: 115007
• Account Name: CSA DPO Security Payments Account

Note: the customer should record their CSID number as the reference comment.

Ask the customer to call Child Support when this payment has been made.

When the customer confirms the direct deposit has been made, email Cash Management Team – Child Support with this information below:

• the amount of deposit
• the customer’s name
• their CSID
• the expected date of return to Australia
• the DPO Service Officer’s contact details

The CS Cash Management Team will monitor the DPO bank account for the deposit and take the necessary accounting measures.

• CS Cash Management staff, see Table 5
• DPO Service Officers, go to Step 4

If a customer advises they are only able to provide a bank cheque as security, advise the DPO Team Leader.

If the DPO Team Leader approves the use of a bank cheque the customer can send via registered post.

The DPO Team Leader is responsible for organising the secure receipt of the bank cheque.

On receipt of the bank cheque:

• provide the customer with a receipt which includes:
• the amount received
• the cheque number
• the name of customer
• the full name and title of the officer receiving the payment
• the date the payment was received
• batch file a copy of the receipt

The relevant DPO Team Leader is responsible for ensuring the bank cheque is banked.

Note: store the cheque securely in a safe until it can be processed. For example, overnight.

When the bank cheque has been deposited email CS Cash Management Team – Child support with the following information:

• bank cheque deposited
• the amount of deposit
• the customer’s name
• their CSID
• the expected date of return to Australia
• the DPO Service Officer’s contact details

The CS Cash Management Team will monitor the DPO bank account for the bank cheque to clear and take the necessary accounting measures:

• CS Cash Management staff, see Table 5
• DPO Service Officers, go to Step 4

All details of the security payment must be documented in the notepad, with the subject header ‘DPO DAC Security’ and update the DAC details fields including:

• Security Amount retained
• how and where the payment was received
• when the payment was confirmed by the Child Support Cash Management Team
• the Returned Date the customer is expected to return to Australia
• copies of all letters to the customer

Record details in Expiring:

• if the payer’s date of return is:
• within 14 days, the intray due date is the date of return
• outside 14 days, the intray due date

When the date of return has been reached, as specified in the DAC, review the case. See Table 4.

Subsection 72M(2) allows the Registrar to change the day specified in the DAC to a later day where the DAC has been issued with security for a customer’s return to Australia.

The date of return for a DAC may be extended either by an application from the customer or initiated by the Registrar.

An application by the customer must include:

• the new return date
• the reasons for their request
• the security offered (an application to substitute a later date may be successful on the same security if satisfied with the current level of security), and
• an overseas contact number

Update the DAC submission field Security Outcome to Security Held if a security payment was received.

Forward a completed DAC substituted days submission via email to the DPO Team Leader for approval using the subject heading:

‘DAC substituted days submission <customer’s name and CSID>’.

The Team Leader must:

• check the submission, ensuring all necessary information is included
• email the submission and recommendation to the delegate (with a copy to the DPO Service Officer)

Note: if the substituted date submission is for an outstanding child support maintenance amount over $50,000, send the submission to the DPO Team leader. The DPO Team Leader will then work with the DPO PSM to progress the application. The DPO PSM will submit the substituted date submission to the ICS National Manager who is the authorised delegate.

If the submission is not complete, return the email to the DPO Service Officer requesting further information.

The delegate must:

• consider the DPO Service Officer’s recommendation
• email their decision to the DPO Team Leader and the DPO Service Officer
• if the submission is not complete, return the email to the DPO Service Officer requesting further information

Upon receipt of the email the DPO Service Officer will either:

• amend the submission to include the additional information required by the delegate and email, via their team leader, the updated submission to the delegate for their approval or
• record the submission in the Collection window, as completed for the original submission and advise the delegated officer, via email, that the submission has been recorded on Cuba for their approval/refusal

Child support debt

Paste the approved DAC substituted days submission in full into the Departure Prohibition Order window in the Collection window:

• Category - Level 2
• Action - DPO
• Outcome - Departure Authorisation Certificate Submission

Overpayment debt

• Category - Level 1
• Action – Information Gathering
• Method – Select Phone and Customer successfully Contacted from the Outcome drop down list
• Select the By Phone button in the Phone Details box
• Add the appropriate date in the Date of Call box
• In the Other box in the Commitments Made box type ‘DAC substituted days submission’
• Paste the approved DAC substituted days submission into the Additional Information text box

When the submission has been recorded, advise the Team Leader. They will also record the delegate’s decision in Cuba using the DPO Team Leader Tool.

Note: if the Departure Prohibition Order/Additional details window does not provide sufficient character space to record the DAC substituted days submission, the submission must be copied as a notepad in the customer’s Client Profile window with the subject heading DAC Submission.

• Document the decision to approve or refuse the DAC substituted days submission in the submission email
• Include the reasons and legislative basis for the decision
• Forward the decision email to the submitting DPO Team Leader

Use the DPO Team Leader Tool to document the delegate’s decision in the Departure Prohibition Order window in the Collection window.

Prepare the relevant DAC notice and DAC substituted days approved/refused letter with the original departure date and the new return date.

Copy the DAC notice into the notepad with a subject header of 'DPO DAC Notice - substituted date'.

Paste the completed DAC substituted days approved/refused letter into a unique letter on Cuba:

• the letter must be pended
• check the letter is complete and correct
• email the Team Leader to advise the letter has been pended for their approval. Attach a copy of the DAC notice

See Letters Cuba Process Help.

Upon receipt of the DPO Team Leader’s notification that the letter and notice has been approved:

• change the letter status from PENDED to KEYED
• the PENDED letter and DAC notice must be saved in PDF format for forwarding to the AFP
• print the covering letter locally to send it to the customer with the DAC notice
• email a copy of the notice and letter to the AFP

Paste a copy of the DAC Notice in the notepad with a subject header Substituted DAC notice.

Note: if the customer is overseas, telephone contact must be made to advise them of the decision.

The customer:

• has no objection rights on a decision to approve or refuse an application for a substituted date
• can apply directly to the Administrative Review Tribunal (ART) if they are not satisfied with the decision

The Services Australia Child Support (DHSCS) Alert Guideline outlines arrangements to be observed by both organisations to ensure mutual operational effectiveness.

Note: only the DPO PSM can complete the field ‘Health and Safety Warnings’.

Complete and send the AFP email - DAC Issued with the PDF copy of the DAC notice. The Resources page has a link to the template.

If the customer is expected to travel within 72 hours the AFP must be advised by telephone that an urgent DAC has been issued, as well as by sending an email.

Record all contact with the AFP in the Departure Prohibition Order window notepad.

Refer to DPO Service Officer’s Team Leader for AFP contact details.

All emails sent to and/or received from the AFP must be recorded as a separate notepad in the Client Profile window. Failure to record all AFP communication raises risks relating to the defensibility of a DPO decision and the integrity of DPO management.

As failure to return to Australia by the specified date may lead to forfeiture of the security payment, email the Cash Management Team > Child Support and advise them of the delegate’s decision.

Document this contact in the notepad.

When the customer’s date of return as specified in the DAC is reached, make a decision whether the money is to be either:

• returned to the customer
• forfeited to consolidated revenue or
• held because the date of return specified in the DAC has been substituted with a new date under Section 72M(2)

If the customer has returned to Australia on or before the date specified in the DAC, refund the security payment.

The AFP will notify the regional DPO contact officer to advise the customer has returned.

To refund the security payment, send an email with DPO Team Leader approval to the Cash Management Team > Child Support, detailing instructions to transfer the payment to the customer’s account. The email must include:

• the customer’s name
• their CSID
• the amount of the payment
• the name of the financial institution
• the account name
• the BSB number
• the account number
• confirmation that the security payment has been refunded to the customer’s nominated account

Document the decision to refund the security payment in the notepad . Include the information confirming the customer has returned to Australia by the return date.

Update the DAC submission status to Complied with. This will auto delete the Expiring DAC intray.

CS Cash Management staff, see Table 5.

When CS Cash Management Team notify that the security payment has been credited to the customer’s nominated account, in the notepad:

• document the decision to refund the payment
• include the information confirming the customer has returned to Australia, and
• confirm the security payment has been refunded
• update the Security Outcome field to Refunded and included a notepad

If the return date has passed, complete a Level 2 specialised search Department of Home Affairs to check the customer’s passenger movement if they have returned to Australia. If the customer has not returned to Australia advise the DPO Team Leader.

The relevant DPO Team Leader is responsible for emailing Cash Management Team > Child Support, detailing instructions to transfer the forfeited security payment to consolidated revenue. The email must include:

• the customer's name
• their CSID
• the amount to be transferred to consolidated revenue

Update the DAC submission status to Not Complied with. Document the decision to pay the forfeited security payment to consolidated revenue in the notepad. Include the information confirming the customer failed to return to Australia by the return date.

Update the Security Outcome file to Forfeit Request and include a notepad of amount allocated to consolidated revenue debt.

Note: do not update the Security outcome status field.

Section 72M(2) allows the day specified in the DAC to be changed to a later day. If a later day has been specified:

• email Cash Management Team > Child Support, and
• advise of the new date of return
• update the Return Date field in the DAC submission
• Add notepad to Save

The Expiring DAC intray will create based on the updated return date.

If the customer:

• returned by the date specified in the DAC, go to Step 2
• does not return by the date specified in the DAC, go to Step 3

Note: to see the history of submission, select the record from the List group box

DPO Security Payments are security deposits paid to the Commonwealth by customers who want to leave Australia but that have a significant child support or overpayment debt.

The amount of DPO Security Payment is determined by the DPO delegate and is communicated to the CS Cash Management Team. DPO Security Payments are refunded at the customer's request upon their return to Australia.

Members of the Child Support National Cash Management Team are authorised users and/or approved delegates of RBAnet. RBAnet allows for the transfer of funds between our internal financial accounts. The internal receipting system used for these transactions is The Central Budget Management System (CBMS).

The Department of Finance manages this facility on behalf of the Australian Government.

Once a notification email has been sent to the Cash Management Team > Child Support mailbox complete these actions:

• Use RBAnet to monitor DPO bank account 092 009 11500 7.
• When the deposit is received transfer the funds to the Department of Finance (OPA) Official Public Account 092 009 11003.
• Use CBMS to record the deposit with the Department of Finance
• Prepare and process SAP journal for the deposit

Note: notify the DPO team of this action by replying to their original email request.

Once a notification email has been sent with DPO Team Leader approval to the Cash Management Team > Child Support advising of the customer’s return to Australia, complete these actions:

• Use CBMS to transfer (drawdown) the funds from the Department of Finance
• The following day, monitor the DHS Official Administered Payments Account 092-009 117950 to confirm receipt of funds (drawdown)
• Using RBAnet transfer:
• From: DHS Official Administered Payments Bank Account BSB/Account 092-009 117950
• To: DHS Official CSA Admin DPO Bank Account, BSB/Account 092-009 115007
• Transfer the funds to the account provided by the DPO team (customer’s nominated bank account). Refer to the originating email for this information
• Prepare and process SAP journal for the returned payment

Note: notify the DPO team of this action by replying to their original email request