Review objection 277-09170020

Check if any of the following specialist areas manage the customer:

• Parent Support Team (PST)
• Solutions Gateway Team (SGT)
• Personalised Services (PS)

Contact them to discuss:

• any communication arrangements that are in place for the customer
• other issues that might impact on the objection. E.G., privacy breaches, compensation claims, complaints, freedom of information investigations, escalations and third party involvement. See Solutions Gateway Team.

For PST, see Parent Support Team and for SGT, See Solutions Gateway Team.

For PS, See Personalised Services and Personalised Services Mandate

Other specialised business area

Contact the Service Officer and collaborate to address the customer's issues. See Customer Management Approach (CMA) for Child Support, Managing multiple issues - a collaborative approach.

In the Objection Maintenance notepad record:

• the agreed approach
• actions
• discussions
• any issues that require further action

Customer is not locked to a specialised business area

Lock the applicant to the allocated Objection Officer.

Lock the respondent after the Objection Officer has decided the objection will proceed.

A sensitive case indicator may affect how the customer is contacted.

Check the date and reasons for any sensitive case indicators on either party’s record. This to identify if the customer may have ongoing issues.

If the sensitive issue is no longer current, update the sensitive issue to remove the indicator. See Sensitive issue management Cuba Process Help.

Incoming correspondence is indexed as an objection. The system creates and routes a Potential Objection Received or Potential Gen Objection Rcvd intray for further action.

Record the objection in the Objection Maintenance window. See Objections Cuba Process Help.

Note: if any written correspondence contains threats of harm (implied or overt), escalate this immediately to your Team Leader. See Security Incident Management for more information.

Use the Objection Scrutiny macro to record the information obtained from the review.

The macro will record:

• the type of objection
• if the customer resides overseas
• to which decision the customer is objecting
• if the customer was notified of the decision in writing
• if the customer has had a verbal exchange with the original decision maker
• if the decision is one that can be objected to
• the grounds of the objection
• if there are administrative remedies available
• if the objection is lodged in time
• other information gathered
• if the objection contains offensive content

The Objection Scrutiny macro also creates a document for Cuba and has the option to launch the First Contact Macro.

Both Centrelink and Child Support can make care decisions. Encourage the customer (including non-mutual customers) to lodge their objection with the service delivery area that made the original decision. See Care objections.

Check where and when the original decision was made if the objection relates to a care decision.

• Check External Information, External Information – Care and the Care window to determine if Centrelink is conducting, or have conducted, an Authorised Review Officer (ARO) or a Secretary initiated review (SIR/ODM) for the same original care percentage decision.
• This will appear as “APPL” in the Type field of the External Information window
• If this is unclear from the Cuba records, check Centrelink systems if you have access, and/or refer via the Centrelink CSP information exchange macro for confirmation of the original decision review status

Is Centrelink conducting a review?

• Yes, Child Support will apply the outcome of the decision made by Centrelink. Contact the customer to explain and discuss the option of withdrawing their objection. If the customer wishes to proceed, monitor for the decision made by Centrelink. Once the decision is made, the objection is considered invalid. See Make a decision and finalise Child Support objection.
• No, go to Step 4

Section 12 allows the Registrar to assist the Australian applicant to seek to vary an international maintenance arrangement. Child Support can transmit their objection details to the overseas authority on their behalf. The applicant must request and give permission for this to happen.

Is customer objection to a registered overseas maintenance liability?

• Yes, see:
• Transmittal of Child Support information (excluding New Zealand)
• New Zealand Case Management - Exchange of Information from NZIR to Child Support
  Procedure ends here
• No, go to Step 5

If the objection relates to a change of assessment decision (Part 6A objection), also identify:

• the change of assessment reasons in the original application
• any new change of assessment reasons indicated in the objection
• if summary disallow provisions apply. If so, do not contact the respondent and go to Summary disallow of Child Support Part 6A objections
• any evidence needed to establish the facts or change of assessment reasons for Part 6A

Make notes of any information needed from the customers, including:

• any information that might clarify the grounds on which the customer based the objection
• any other issues to discuss with the applicant and respondent in accordance with the Common and specialised activities for Child Support staff

Has an EOT application been lodged with the objection?

• Yes, see Child Support objection received out of time – Extension of time and Special Circumstance application
• No, see Table 3

The customer must lodge the objection within the relevant timeframe. See the objection and response time calculator in either the extension of time calculator or Objection First Contact macro.

Add 12 business days to the 28/90 calendar day timeframe, to allow for postage. Consider customers who live in remote communities with limited postal access. Note: do not add 12 days to the timeframe if the applicant is notified of the decision via online services.

Decide if a customer lodged an objection in time based on where the applicant lives, not the postal address. Where the applicant lives will not always match a person’s residency as recorded in the Residency window.

If the objection has not been received within the relevant timeframe, consider whether:

• an extension of time is appropriate, or
• special circumstances exist if the objection relates to care.

There is no time limit for lodgement of objections to care percentage decisions made after 1 July 2010 (3 March 2011 for WA ex-nups). However the date of effect for objections lodged outside the relevant timeframe will be the date of lodgement, unless special circumstances are met. See Child Support objection received out of time - Extension of time and special circumstance applications.

Is the objection lodged within the appropriate timeframe or an extension of time (EOT) is granted?

• Yes, go to Step 2
• No, see Child Support objection received out of time - Extension of time and special circumstance applications

Note: The exception is that customers can lodge objections to care percentage decisions by phone. See Care objections

Objections must be in writing, either on an Objecting to a Child Support decision form (CS1893) or as correspondence. The customer can lodge the written objection in person, by mail, e-mail, fax or via online services.

Note: a customer's representative may not lodge an objection on behalf of the customer unless the customer signs the objection or unless the representative has enduring power of attorney. See the References page for links to relevant policy.

It is not necessary to use the word 'objection' in a written objection. However, a customer must ask Child Support to reconsider the original decision.

Is the objection in writing?

• Yes, go to Step 3
• No, see Table 5

A customer may only lodge an objection when:

• the decision has been finalised in Cuba
• they have been informed of the decision (either verbally or in writing). Note: a customer can lodge an objection before they are informed of the decision in writing. However the timeframe for lodgement of their objection commences from the date they receive the decision letter

If a customer has not been notified of a decision in writing, refer the case to a Team Leader. They will decide if the Objections officer or original decision maker should issue the letter.

If there is a possible administrative remedy to address the issues raised, refer the customer in accordance with the Customer Referral Guideline.

If there are errors that may need to be corrected, progress them in accordance with Correcting Errors on Child Support cases.

If it is unclear which decision the customer is objecting to, contact them to clarify.

Note: a customer cannot object to an objection decision. To review an objection decision they can apply to the Administrative Review Tribunal (ART) for a first review. See the References page for links to relevant policy.

Can the person or their representative make an objection?

• Yes, go to Step 4
• No, see Table 5

Objections containing offensive content are 'improperly made’. For information on offensive content see Open exchange of information for Child Support customers, Exchanging information Step 4.

Note: if any written correspondence contains threats of harm (implied or overt), escalate this immediately to your Team Leader. See Security Incident Management for more information.

Sometimes, while content in photos may be indicative of FDV, they are provided in the context of either:

• a ground that underpins the parent’s application, or
• as evidence as to why the parent didn’t apply earlier and why they think any decision in their favour should be backdated

However, even if the material is potentially relevant and should not be refused nor redacted, it may be appropriate to urge a customer to reframe their content if the Service Officer thinks it is drafted in a manner intended to be malicious or could have unintended consequences.

An example of content that should be exchanged due to relevancy is:

• Evidence supporting an objection to a care decision, which supports a parent’s claim to withhold care of a child to protect them from harm. That is, where an ‘actual care in special circumstances’ decision may be appropriate.
• Photos from websites and screen shots of text messages between an alleged sex worker and a possible client indicating services and costs. Even in a case where it is claimed FDV exists, this information may be relevant in the context of a Reason 8 COA application as to that parent’s income and earning capacity.
• An applicant’s claim that they need additional child support to meet the costs of ongoing counselling for a child who experienced abuse when the child was in the care of the other parent.

If it is considered that an objection may contain offensive or FDV content, Objection Officers must consult Program Advice before making any decision about whether the application should be treated as not being properly made. This will ensure the policy is being applied consistently and as intended.

Before consulting Program Advice, escalate to an SSO or Team Leader.

To consult Program Advice

• email CS Program Advice Requests with a subject line of ‘OBJ POSSIBLE OFFENSIVE CONTENT’ or ‘OBJ POSSIBLE FDV CONTENT outlining the potential offensive content and details of the case including case number
• once Program Advice has given feedback, document the decision. Cite Program Advice's feedback in a new notepad in the Objection Maintenance window

Do not exchange documents containing offensive content with the other party, see Open exchange of information for Child Support customers.

Does Program Advice support the view that the application contains offensive or FDV content?

• Yes, see Table 5
• No, see Table 4

Lock customer per the Customer Management Approach (CMA) process.

Objections Officers generally lock a customer unless they are already locked to another specialist area i.e. Personalised Services, non-compliance, litigation etc.

When allocated an objection:

• Update the user ID in the Objection Maintenance window
• Lock the applicant

Lock the respondent after initial contact with the applicant, unless the objection is not going to proceed. E.g., the customer withdraws the objection.

Locking a customer means most intrays will route directly to the Objections Officer

Always remember to lock first, then route the intrays as required

The customer may be locked to a Service Officer in any other non-specialist area. E.g., Mainstream Customer Services (MCS) or Specialised Assessment Services (SAS). Lock the customer to your position in Cuba. Route the intrays back to the Service Officer to whom the customer was locked.

If the customer is not locked to a Service Officer, lock the customer to your position in Cuba and route the intrays to the Cuba position in Step 3

• Common Activities
• Office: National Office
• Stream/Team: MC SMCN NATIONAL MCS
• Position: A - MCS REFERRALS

• Collection Activity Required
• Office: National Office
• Stream/Team: MC SMCN NATIONAL MCS
• Position: A – General ENQUIRIES POOL

Procedure ends here. To proceed with the objection, see Make decision and finalise Child Support objection.

Contact the customer to clarify their reasons for wanting the original decision reviewed if:

• the customer’s grounds are unclear, or
• the objection is improperly made.

A decision to not accept an application because it was not made in the manner specified by the Child Support Registrar is not reviewable. There are no objection rights.

See Customer contact.

Where it seems unlikely the original decision may be wrong, contact the customer to manage their expectations and seek more information about the reasons for their objection.

Only take this approach where the original decision does not involve discretion and there is no reason to doubt the facts in the decision. E.G., where a customer objects to the use of an ATO issued taxable income in the child support assessment.

See Customer contact.