Using consolidated revenue to repay funds 277-04260030

The only time the Registrar may use consolidated revenue is if child support legislation says they can, and only in those ways. If consolidated revenue is used unlawfully:

• it will result in the recipient of that money owing a debt to the Commonwealth
• it will become a debt, that the Registrar is required by law to recover

the debt cannot be recovered using the Registrar’s powers under child support law, and will need to be pursued through other means

• it is likely to be a breach of section 83 of the Constitution for which there are reporting requirements

See the Resources page for common examples of when not to use consolidated revenue.

If consolidated revenue has been used incorrectly, escalate as per Technical support in Child Support.

Is the use of consolidated revenue in the current scenario inappropriate?

• Yes, procedure ends here
• No, go to Step 2

Using consolidated revenue and creating a debt is limited to situations where the Registrar is authorised or required by law to do so.

See the Resources page for examples:

• When the Registrar has a legal obligation to repay money
• When the Registrar has no legal obligation to repayment money, but may do so in certain circumstances

Creating a consolidated revenue debt is not appropriate outside of the above except in very limited circumstances. This means creating a consolidated revenue debt to facilitate a payee disbursement recovery arrangement is not appropriate.

Is there a legal obligation to refund collected money?

• Yes, see Table 2
• No, but the money may be able to be refunded, see Table 3

The Resources page has examples of situations where it is likely a legal obligation to refund collected money exists.

Review these examples before proceeding, noting the examples do not cover all situations.

Is there a legal obligation to refund money?

• Yes, see Table 3
• Unsure: whether:
• there is another type of legal obligation to refund money, go to Step 2
• any of the examples apply, go to Step 3

There may be situations in which it might be possible a new or unknown legal obligation to refund money exists.

While it is possible for this to arise when processing, it is more likely to encounter this question when speaking with a customer or external stakeholder. This person may be agitated or persistent.

Is there a potential legal obligation to refund money?

• Yes, see Table 3
• No, procedure ends here

If unsure if there is a legal obligation to refund money, escalate as per the technical support model, see Technical Support in Child Support.

Did the escalation provide a recommendation to make a submission?

• Yes, see Table 3
• No, procedure ends here

If a consolidated revenue debt is required to refund a third party, due to a legal obligation,

prepare a submission.

• Create a CSO - potential con rev intray
• Follow the process in Technical Support to escalate to an SSO
• Detail the reasons why the agency may have a legal obligation to refund a third party in the:
• SSO online notepad, and
• CSO - potential con rev intray notepad

Consider if the submission is accurate and complete by checking:

• why there is a legal obligation to refund the third party
• the reasons why the agency may have a legal obligation to refund a third party have been explained
• the recommendation to create a consolidated revenue debt is appropriate

Note: if unsure or not confident in reviewing a consolidated revenue debt submission, seek PSM support. See Technical support in Child Support.

If the submission is accurate and complete:

• document the submission on the payee Communication window
• update the Technical Support Issue notepad, and document recommendation to create or not create a consolidated revenue debt
• create a TSO - potential con rev intray
• copy all notepads from the CSO - potential con rev intray to the TSO - potential con rev intray
• delete the CSO - potential con rev intray
• copy the submission from Cuba and paste into a word document
• email the word document to the PSM
• add a document in the intray notepad advising the matter has been referred to the PSM

Is the submission ready for PSM review?

• Yes, go to Step 5
• No, go to Step 4

If the submission is incomplete:

• contact the Service Officer to discuss the submission and provide feedback if necessary
• ask the Service Officer to resubmit the submission after they have actioned all outstanding tasks
• document what action is needed in the Technical Support Issue notepad and the TSO - potential con rev intray

Note: if the Service Officer completes the outstanding tasks and resubmits the submission, return to Step 2.

Review the SSO request to create consolidated revenue debt, documentation and recommendation.

If the submission is complete:

• update the SSO Issue notepad in the Communication window and document recommendation to create or not create a consolidated revenue debt
• request Child Support Program Branch review the submission following the process in Policy advice escalation process

See Child Support Program Advice > Timeframes for the provision of policy and legal advice for response timeframes.

Child Support Program Advice will:

• review the submission to consider whether the agency has a legal obligation to use consolidated revenue to refund a third party
• escalated to Programs Branch in Legal Services Division as needed, and
• respond to the PSM via email

PSM will review response from Child Support Program Advice.

Is there a legal obligation to use consolidated revenue to refund a third party?

• Yes, go to Step 6
• No, go to Step 7

When the submission is complete and Program Advice agrees that there is a legal obligation to return funds to the third party using consolidated revenue, action the following:

• copy the response from Child Support Program and the submission into a word document
• email the word document to External Complaints – Child Support, if the request is urgent, ensure it is referenced in the email
• update the CON REV SUBMISSION intray
• route to the appropriate intray position:
• Region: National Office
• Office: Client and Community Branch
• Stream/Team: CR SCR6 CR NAT TM6
• Position: None

External Complaints – Child Support (ExCCS) monitor the intray position daily. The ExCCS Administrative Support Officer regularly allocates these submissions to the appropriate ExCCS Service Support Managers for actioning.

To proceed with the submission, see Table 4.

If the submission is incomplete:

• contact the SSO to discuss the submission and provide feedback if necessary
• ask the SSO to resubmit the submission after they have actioned all outstanding tasks
• document what action is needed in the Technical Support Issue notepad and the TSO – potential con rev intray

If Program Advice have reviewed the submission and considered there is no legal obligation to use consolidated revenue to refund a third party, see Step 2 in Table 4

Note: if the SSO completes all the outstanding tasks and resubmits the submission, return to Step 5.

Submissions for a refund to a third party where a legal obligation exists are authorised:

• up to $4,999 by an EL1 – External Complaints – Child Support (ExCCS)
• $5,000 or more by the National Manager – Multicultural and Tailored Services

Consider the submission for consolidated revenue debt and review the following:

• PSM submission
• Relevant legislation
• Documentation
• Child Support Program Advice response

After considering all relevant information, proceed to make a decision.

Document the decision and reason in the Technical Support Issue notepad in the Communication window.

Refused:

• Record the reason why the submission is refused in the Con Rev Submission intray
• Route the Con Rev Submission intray back to the PSM requesting they discuss with the SSO and action any feedback

Approved:

• Record the reason why the submission is approved
• Route the Con Rev Submission intray back to the PSM who will liaise with the SSO to create the consolidated revenue debt

Incomplete:

• Record the reason why the submission is incomplete in the Con Rev Submission intray
• Route the Con Rev Submission intray back to the PSM and send the PSM an email requesting they:
• action any feedback
• discuss incomplete submission with the SSO
• resubmit submission if necessary

To finalise a submission that is:

• Refused, go to Step 2
• Approved, go to Step 3

The SSO will:

• update the submission document in the Technical Support Issue notepad in the Communication window
• contact the Service Officer with the decision
• finalise the SSO request, see Technical support in Child Support

The Service Officer will:

• review the reason for the decision
• contact the third party to advise of the decision. If the third party requests the decision in writing, create a unique letter. See Letters for Child Support Customers. Note: there are no objection rights to this decision
• take action to recover the overpayment, see Recovery from a payee’s child support entitlement

Consolidated revenue payment will be paid to third party where a legal obligation exits.

The PSM will:

• liaise with the payment processing team to organise the creation of the consolidated revenue debt and arrange a refund to the third party
• document actions required in the Con Rev Submission intray and route it to the Service Officer

The Service Officer will:

• contact the third party to advise of the decision. If the third party requests the decision in writing, create a unique letter. See Letters for Child Support Customers. Note: there are no objection rights to this decision
• take action to recover the consolidated revenue debt from the payee:
• see Debt repayment
• record a Special recovery condition for the payee in the Recovery Conditions window to prevent automated collection of TRIPs. See Tax Refund Intercept Process (TRIP) Cuba Process Help