Gather evidence relating to Child Support objection 277-09170040

When reviewing the evidence consider if:

• the evidence is still current
• the customers have given more up to date evidence with their application or response
• more current evidence can be sourced, including conducting new searches
• there is evidence to support all the relevant facts of the decision
• some facts in dispute need more evidence to make a finding

For objections to a care decision made by Centrelink, ask the Child Support Unit (CSU) for the evidence used in the original decision. Ask for this as a priority to meet Child Support timeframes. See Centrelink/Child Support information exchange.

One of the customers may not be a mutual customer of Centrelink and Child Support. CSU/Centrelink Liaison Unit (CLU) send the care records to the mutual customer’s Cuba record. This means evidence relating to a non-mutual customer will be sent to the mutual customers’ Cuba record. The evidence is about:

• a Centrelink review decision
• an Administrative Review Tribunal (ART) first review or ART second review decision

If no objection record exists for the review decision in Cuba, ask for the lodgement date of the review application. See Centrelink/Child Support information exchange.

Document the information in the objection maintenance window in Cuba. See Objections Cuba Process Help.

It is critical to get evidence to support all the relevant facts of the decision.

Making findings of facts which are unsupported by evidence may constitute an error of law.

Customers must give relevant information or evidence to support their claims, regardless of whether they are the applicant or respondent.

Explain information a customer is offering needs to be factual and relevant to the decision to be reviewed. Discuss how it will help making an objection decision.

For example, if employment or income information is requested, evidence would need to detail the employment or income period. A generic statement stating a person is employed is not enough.

If a customer is providing statements from third parties, the customer is responsible for obtaining permission for the statements to be exchanged.

Ask customers to supply evidence as early as possible after receiving the objection. This allows for information to be considered and provides customers time to comment on the evidence before making a decision.

If the objection is a care objection taken by phone, see Care Objections

When requesting information from a customer, the initial question should be “How soon can you get that information to me?”

If the customer has a myGov account, ask them to scan or take a photo and send the information in.

Send an MX0-1 unique letter using the applicant output from the Objection letters macro. See Letters Cuba Process Help, Create a Unique letter.

This is to confirm the evidence required if there has been phone contact with the applicant or advise the applicant of what evidence and information is required. Make sure to specify:

• the exact evidence the customer is to give
• the latest date Child Support must get the evidence
• how the customer will give the evidence, in order of preference:
• verbal
• electronic (i.e.myGov)
• surface mail
• the action Child Support will take if the customer doesn’t give the evidence by the agreed date

If the customer has not given the evidence or information by the agreed date:

• assess if that information is crucial to making a decision
• source evidence from a third party, if possible/required, or
• give the customer extra time to provide the information if appropriate, or
• make a decision based on the available evidence

If a customer refuses to or cannot provide evidence to support their claims, advise them that the information may be sourced by other means.

For example, if the customer refuses to provide payslips, request them directly from their employer.

If a customer won’t commit to providing evidence, consider seeking the information from third parties first. This ensures the information is available to make the decision on time.

Seek information from third parties and other sources in the following circumstances if:

• it is likely a third party can give relevant information a customer can’t
• it is likely the customer won’t send the information or has stated they will not provide
• the evidence given by the customers is conflicting or equally weighted and third party information may help make a decision
• it is likely the third party evidence is more reliable or can provide more detail than that given by the customers

Other sources include but are not limited to:

• system searches such as ATO or Customer First
• other government agencies
• information held by Child Support
• internet - Google, relevant websites
• third parties, for example accountants, employers, financial institutions
• professional resources such as industry guides and journals

Seek third party information through research, phone calls or by issuing a notice.

See Section 120 notice Cuba Process Help. See Child Support's Information Gathering powers.

Document the enquiries and the information received in the Objections Maintenance window and the appropriate Cuba window. For example, document section 120 responses in the Issue Section 120 Notice window.

Note: Section 161 notices are not to be used for gathering evidence from 3rd parties & other sources for consideration in an objection decision. s161 is used to seek information that will help to make amendments to the particulars of a formula assessment, such as incomes. It cannot be used to seek information to help enforce collection or determine an objection outcome as these decisions fall under the Registration and Collection Act.

Make both customers aware of any relevant information gathered from other sources or third parties and that it is being considered as part of the objection process.

Never disclose Suspicious Matter Reports (SMRs) from AUSTRAC to any court or tribunal. Do not include them when making a submission.

Do not enter any SMR/SUSTR reports in the system. Remove records if necessary by sending an email to the National.ICS mailbox.

See the Resources page for full details about AUSTRAC disclosure of information.

If the customer provides information late in the 60/120-day process, assess:

• if the information is relevant to the decision
• its potential impact on the outcome of the objection
• whether the other party will have a reasonable time to comment on the new information

Balance the 60/120-day timeframe against making a decision which takes account of all relevant evidence. It may be better to let the decision become overdue if it will be a better decision. Discuss with Team Leader.

Natural justice requires customers to have an opportunity to respond to information used to establish the facts of a decision, particularly if the customer would be adversely impacted by the decision maker's reliance on the information.

Note: give customers the opportunity to validate or correct any document/information suspected of being falsified or that includes incorrect information.

When information relevant to the objection is received:

• document the information in the Objection Maintenance window notepad with a subject heading 'Information received from [insert customer name]'. See Documenting Child Support information in Cuba
• if provided by one of the customers, contact the other customer to discuss the information. See Contact with Child Support Customers
• if obtained by Child Support or provided independently by a third party, make both customers aware of the relevant information
• document customer contact (including unsuccessful attempts) and customer comments in the Objection Maintenance window notepad with a subject heading ‘Sought comment from [insert customer name]’
• there is no legislative obligation to provide copies of the new information to each party. However, the principles of procedural fairness require that customers be made aware of and have the opportunity to comment on any information being considered by the decision maker that might be adverse to that customer’s interests

Subsequent information is not required to be physically exchanged (that is, by post or online). Open Exchange of Information requirements can be satisfied verbally however a physical exchange of actual copies or edited copies of relevant documents may still occur where:

• there is a large amount of material or the material is quite complex and not easily explained over the phone
• the Objections Officer considers it in the best interests of the customer, or
• a customer requests it

If there is potential offensive content or Family and Domestic Violence (FDV) content, see Open Exchange of Information for Child Support customers.

To send the initial objection and any supporting documentation to the respondent:

• Send an MX0-1 unique letter using the respondent output from the Objection letters macro. Attach any supporting documentation. See Letters Cuba Process Help, Create a Unique letter
• Ask the customer to contact Child Support to provide their response to the objection and supporting information. Remind the customer they can submit information and evidence through myGov
• Encourage the customer to return a response as soon as possible
• Create an Obj Reply Req intray with a due date of either the date the information is due, or the following day. See Intray management Cuba Process Help
• Create a 'Sought comment from [insert customer name]' notepad with the date the customer has agreed to provide their response. See Documentation Cuba Process Help, View and update a note

Send additional information to the respondent

Send an MX0-1 unique letter using the UQ50.05 Additional information received re-objection letter. Attach the additional information See Letters Cuba Process Help, Create a Unique letter.

If the respondent:

• does not respond, go to Step 3
• responds by phone, go to Step 4
• responds in writing by mail or using myGov, go to Step 5

Make two phone contact attempts on all available phone numbers across the day, including sending a pre-call SMS.

If contact is successful and respondent doesn’t wish to provide any comment, document in detail the customer does not wish to respond. Proceed to Make decision and finalise Child Support objection

• Yes, go to Step 5
• No, Make decision without input from the respondent and finalise Child Support objection

• Yes, ask for a verbal response.
  If the customer wants to submit documents, negotiate a new timeframe. Update the Obj Reply Req intray and the 'Sought comment from [insert customer name]' notepad. See Contact with Child Support customers. Go to Step 6
• No, Make a decision and finalise Child Support objection

There is no legal requirement to provide copies of the response or subsequent information to each party. However, the principles of procedural fairness apply.

Make customers aware of any information the decision maker is considering that might be adverse to that customer’s interests. Give the customer the opportunity to comment on the information.

The agency can satisfy Open Exchange of Information requirements verbally.

A physical exchange of actual copies or edited copies of relevant documents may still occur where:

• there is a large amount of material or it is quite complex and is hard to explain over the phone
• the Objections Officer considers it in the best interests of the customer, or
• a customer requests it

When a Response is received

• Document the information in the Objection Maintenance window notepad with a subject heading 'Information received from [insert customer name]'. See Documenting Child Support information
• Contact the other customer to discuss the information.
• Document customer contact (including unsuccessful attempts) and customer comments in the Objection Maintenance window notepad. Use a subject heading ‘Sought comment from [insert customer name]’

Where first contact with the applicant is unsuccessful, but they have elected on their objection form to receive their correspondence electronically:

• exchange the response electronically using the nominated email address on the objection
• use the MX0-1 Unique Letter to separately send a UQ196.00 We have sent you an important email

Decide how much weight to give each piece of evidence and how it supports the facts of the decision. When assigning weight to the evidence consider the:

• nature and integrity of the evidence. Does the evidence provide factual or helpful information relevant to the decision? Why has the customer provided this information?
• source of the evidence. Has a third party individual given permission for their statement to be exchanged, where applicable?
• age of the evidence - is it still relevant to the issue?

In some cases, evidence can be too evenly balanced to support a definite finding of fact. If evidence is inconclusive, seek additional evidence. If none is available, analyse the relevant legislation and policy to determine which question(s) must be decided. Seek guidance from your Senior Support Officer (SSO) or Team Leader in these cases.

Proceed to Make decision and finalise Child Support objection once there is enough detail to complete your review of the original decision.