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Make decision and finalise Child Support objection 277-09170050

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Staff who have completed the DMC Technical Support update, must read this Operational Message before issuing letters: Digital Messaging Capability (DMC) - Child Support - letters and access.

This document explains the process for making decision and finalising objection.

On this page:

Make objection decision

Part 6A considerations

Process objection decision

Finalise objection decision

Make objection decision

Table 1

Expand table

Step

Action

1

Analyse and apply the rules to the evidence

Consider all relevant evidence, legislation and policy. Make a decision based on:

  • the established facts of the case
  • the relevant legislative provisions of the Child Support Acts
  • any applicable policy including the objectives and principles of the Child Support scheme

Make a decision on an objection within 60 days of lodgement. The timeframe is 120 days when one or both customers live in a reciprocating jurisdiction. See the References page for a link to Child Support Guide 1.5.1 Australia’s international maintenance arrangements.

See principles of administrative decision making for more information about what to consider when making an administrative decision.

For more information on:

  • Care objections, see Table 2 in Care Objections
  • Part 6A objections, see Table 2

Note: from 17 February 2015, Service Officers (SO6) determining Part 6A Objections have the power to:

  • allow an objection, and
  • make a new decision under Part 6A of the Child Support (Assessment) Act

2

If customer lodges further applications before decision is made

Contact the other decision makers and Team Leader to agree on an issue resolution strategy if, before the objection decision has been made, the customer lodges:

  • an administrative change
  • a change of assessment (COA) application
  • a further objection, or
  • an Administrative Review Tribunal (ART) appeal

3

Contact customers to discuss likely outcome

Contact customer to discuss the likely outcome according to their circumstances.

Personalised Services managed customer

Contact the Personalised Services Case Manager (PSCM) and inform them of the likely Objection decision. Decide who will discuss the outcome of the objection with the customer. A three-way conversation may be appropriate.

All other customers

If the objection is unlikely to result in a contrary decision, contact both customers to advise of the likely outcome. Refer to Child Support Objections to determine the most appropriate form of contact based on the customers’ individual circumstances.

Tell the customer the decision maker will send the Statement of Reasons (SoR) to all parties once they have processed the decision.

If the customer requests a call back after the decision is made, explain we can only do so if a change is made to the assessment. If this is the case, create a Client Call Back or Part 6A Call Back intray with a notepad detailing the request. See Customer Referral Guidelines for further information.

If both customers have already been advised of the likely outcome of the objection, only contact the customers again if the objection decision will likely raise a debt or if they have requested a call back.

If the decision will likely raise a debt, explain that the customer will have to negotiate repayment of the debt after the processing has been completed.

Contrary outcome

If the objection results in an outcome contrary to that sought by the applicant:

  • Review objection notes to make sure all relevant information and evidence has been considered, and
  • Make sure both parties had a chance to comment on the information

Do not contact the customers before finalising the decision to discuss the likely contrary outcome of the objection.

This is to make sure:

  • the decision equally considers both parties’ interests, and
  • the applicant is not given an unfair opportunity to withdraw the objection to avoid a contrary decision

In these circumstances both parties will only be notified about the outcome of the objection after the decision has been finalised. See Table 4.

4

Write the Statement of Reasons (SOR)

Write a concise report using only the relevant facts to explain the rationale behind the decision.

See Resources page for guidance on how to write the Statement of Reasons report.

To write the SOR report:

Send this report to notify customers of the objection decision.

If a customer is managed by Personalised Services, email the decision to the PSCM before sending it to the customers. See Personalised Services.

Note: when applying a Centrelink care decision and a special circumstance decision is not granted, formula modification will be required. Reach out to an SSO for help.


Part 6A considerations

Table 2: this table describes the process for dealing with Part 6A objections. Part 6A objections are objections to change of assessment (COA) decisions.

Expand table

Step

Action

1

Period covered by decision

If changing the original decision, decide which period the decision should cover based on the circumstances of the case. If the circumstances are not likely to change much, make the decision for a longer period.

2

Part 6A objection is allowed and the original decision was refused before conference

Record a new COA application in Cuba, if:

  • Part 6A objection is allowed, and
  • the original decision was refused before all parties were involved because a reason was not established, or
  • it was not just or equitable for the child or either party, or otherwise proper

To record a new COA application in Cuba, with the application date of the original COA application date:

  • record a notepad, referencing the Part 6A decision
  • route the COA in Progress intray created to:
    • Region: National Office
    • Office: National Office
    • Stream/Team: SP NAT COA ALLOCATIONS
    • Position: A – CDM PRIORITY ALLOC
  • Route all other COA intrays created to:
    • Region: National Office
    • Office: National Office
    • Stream/Team: SP NAT COA ALLOCATIONS
    • Position: ZZ – ACCESS POINT

See Table 1 in Change of assessment Cuba Process Help, and Intray management Cuba Process Help

3

Multiple cases

Where a customer has multiple cases, and the Part 6A objection decision has:

  • increased their adjusted taxable income, make a capacity to pay referral. This ensures fairness and equity in all their active cases. Refer to the capacity to pay referral guidelines
  • decreased their adjusted taxable income, talk to the customer about ways to use this income in other child support assessments. This could include:
    • making a COA application or
    • objecting to existing COA decision on their other active cases

4

Reason 2

If a decision changes the assessment under Reason 2, to determine whether to send the decision to Centrelink. See the Resources page and refer to COA Reason 2 Decision and potential FTB implications.

5

Referrals to Capacity to Pay

To make sure the assessment is fair and equitable make a Capacity to Pay referral if:

  • the applicant withdrew their Part 6A objection and
  • the Part 6A Objections Officer believes the income used in the current assessment does not accurately represent customer’s income, property or financial resources. i.e.. (potential COA Reason 8)

See the capacity to pay referral guidelines.


Process objection decision

Table 3: this table describes the process for processing an objection.

Expand table

Step

Action

1

Update the Objection Maintenance window

Document the objection outcome in the Objection Maintenance window.

Save the Statement of Reasons in the Objection Maintenance window notepad with the relevant subject heading ‘Allowed Objection’/’Part Allowed Objection’ or ‘Disallowed Objection.’

Note: where the objection is lodged on a third party case and there is more than one respondent and more than one objection loaded, all related objections to the same decision are to be finalised on the same day, with the same outcome.

2

Make changes in Cuba

Make the required changes in Cuba to give effect to the objection decision. E.g., change the care percentages for the relevant period/s.

3

Reference the decision

Reference the decision in the relevant Cuba window. E.g., a note on the non-agency payment (NAP) window summarising the changes from the objection about a NAP.

4

Send decision outcome letters

If the objection was not withdrawn or invalid:

If there is a liability change, also issue an MX0-2 Assessment Notice Cover Letter for the period/s changed by the objection decision. This must be created after the MX0-1.

See Letters Cuba Process Help for more information.

5

Delete the Change to annual rate letter

Delete the MAC1-4 Change to annual rate letter that automatically generates after processing a formula modification in Cuba. This letter provides incorrect information about the customer's appeal rights. Assessment letters will generate with the MX0-2 Assessment Notice Cover Letter generated on the same day. See Objections Cuba Process Help.

6

Delete outstanding intrays

Delete all outstanding intrays relating to the objection. See Intray management Cuba Process Help.

7

Take follow up action

Take follow up action in accordance with the Common and specialised activities for Child Support staff.

8

Has a role reversal occurred?

Check whether processing the objection has caused a role reversal to occur. If it has, see Managing reverse child support cases. This contains important information about collection options and ensuring the case is accurate.

9

Update electronic files

If required, refer to the Resources page and update all electronic files to make sure they:

  • contain the relevant documents in the Child Support objections checklist, and
  • have been filed according to the Objection Electronic File Management toolkit

10

Create international intrays

For International cases where the liability is transmitted to an overseas jurisdiction create an International Sthold follow up intray. Give the intray a 4 day due date. Include the details of the outcome of the objection decision in the notepad. Route the intray to:

  • Office: International Hobart
  • Stream/team: MC SOO3 CENT AUTH TM1
  • Position: A- TRANSMITTAL REVIEW

11

If disbursements have been suspended

If disbursements have been suspended, they must remain suspended and the customer locked to the Objection Officer until the appeal period of 28 calendar days/90 days for customers in a reciprocating jurisdiction (plus postage time of 12 business days) has passed.

If during this time the customer requests a review of the decision by the ART, the customer will continue to be managed by the Objections Officer until the ART decision is finalised. See Suspending disbursements of Child Support and the References page for a link to Child Support Guide 10.2.9 Suspending payments to payees for more information.


Finalise objection decision

Table 4: this table describes the process for finalising an objection.

Expand table

Step

Action

1

Finalise objection according to the circumstances

The process for finalising the objection depends on the reason for finalising.

  • If the objection is being finalised because the applicant had no intent to lodge and objection, go to Step 2
  • If the objection is being finalised because it is improperly made, go to Step 3
  • If the objection is being finalised because it contains offensive content, go to Step 4
  • If the objection is being finalised because it is withdrawn, go to Step 5
  • If the objection is being finalised because a decision has been made, go to Step 6

2

Finalise objection where the applicant had no intent to lodge an objection

If the applicant did not intend to lodge, then it is not an objection.

To finalise:

  • create a new notepad in the Objection Maintenance window. Use the subject heading 'No Intent to Object'. Paste the document generated from the Objection first contact macro
  • delete the objection record for the potential objection in the Objection Maintenance window
  • delete all outstanding intrays relating to the objection
  • undertake follow up action in accordance with the Customer Management Approach (CMA) for Child Support

Procedure ends here.

3

Finalise objection as improperly made

An objection has not been properly made if:

  • it is not from a person who may object against a decision which carries objection rights
  • it is not against a decision which carries objection rights
  • it was lodged out of time and an extension of time has not been granted

If an objection was not properly made:

Procedure ends here.

4

Finalise objection due to offensive or Family and Domestic Violence (FDV) content

Note: Where cues indicate there is a risk or occurrence of family and domestic violence, see Family and domestic violence.

To finalise an objection that is improperly made (invalid) due to offensive or FDV content:

  • In the Objection Maintenance window, create a new notepad with the subject heading 'Improperly made Objection’. Document the reasons for not being able to consider the objection
  • Contact the customer within 2 working days of receiving advice from Program Advice to advise:
    • their objection was improperly made due to offensive content
    • they may lodge another objection without the offensive content
    • the objection must still be received within 28 days of notification of the original decision. No special dispensation applies if the objection was improperly made
    • if applicable, they need to include an extension of time request
  • Send an MX0-1 unique letter advising the customer the objection cannot be accepted. Advise that it is improperly made because it contains offensive content
  • Undertake follow up action in accordance with the Customer Management Approach (CMA) for Child Support

Procedure ends here.

5

Finalise withdrawn objection

If the applicant elects to withdraw the objection, make sure they:

  • understand it is their choice to withdraw the objection
  • understand they cannot request a review of a withdrawn objection as no decision has been made
  • are given a cooling off period of at least 48 hours before finalising the objection as 'withdrawn' in Cuba
  • are aware that they must contact the Objection Service Officer within the 48 hours cooling off period if they decide to change their decision about withdrawing
  • have been advised of any alternative administrative options, where applicable
  • are aware they can re-lodge an objection at any time, but may also need to lodge an application for an Extension of Time (EOT)

The Objections Service Officer should create a 48 Hr Cooling Off Period intray to monitor the cooling off period.

In the Objection Maintenance window, document the discussion with the customer. Make sure the notepad includes their reasons for the withdrawal.

If, at the conclusion of the 48-hour cooling off period, the applicant has not cancelled their withdrawal:

Procedure ends here.

6

Feedback to the original decision maker

Part 6A objections

Provide feedback to the original decision maker for all Part 6A Objections finalised. The only exception is invalid objections.

General objections

General objections must provide feedback where the officer undertaking the review identifies:

  • misapplication of law
  • incorrect finding of fact
  • procedural error (including insufficient contact, investigation or follow up)
  • several grammatical or typographical errors

Also provide feedback if:

  • it would benefit the recipient, or
  • a Service Officer:
    • provided exceptional customer service, or
    • performed their role well and achieved outcomes for the customer and Child Support

To provide feedback:

  • complete the Staff Feedback Tool
  • attach the finalised objection report
  • email the feedback summary to Team Leader within 2 business days of finalising the objection

Document the feedback, including the reason for changing the decision, in the Objections Maintenance window notepad. Use the subject heading 'Feedback provided'. See Documenting Child Support information.

Team Leaders:

  • review the feedback form to make sure it accurately records the issues
  • forward the feedback to the original decision maker’s Team Leader within 2 business days

7

Contact customer to inform Objection decision finalised

See Child Support Objections to determine appropriate contact requirements for each customer.

Finalise the decision before informing the customer of a contrary decision.

Start attempts to contact the parties the day after processing the contrary decision and issuing letters.

Finalise all contact attempts within three days of the decision being finalised.

If a Personalised Services Case Manager (PSCM) manages either party, immediately inform the PSCM about the objection decision. Determine who will discuss the outcome of the objection with the customer. Consider a three-way conversation with the customer so that the issue is appropriately managed. The same notification timeframes apply to customers managed by Personalised Services.

Undertake minimum collection activity if the case has a debt.

Use the Statement of Reasons (SoR) to:

  • explain the decision
  • address the issues and concerns raised to prevent:
    • reverse workflow from complaints,
    • appeals to the ART, or
    • lengthy repeat phone calls from customers
  • make sure customers understand this is not an opportunity to have the decision reviewed or changed

Note: there is no need to send a separate ‘Please Contact’ letter if attempts to contact the customer/s fail.

  • Unlock customers after completing these steps by selecting ' Ownership Rules ' in the Customer Transfer window

Part 6A Objections

Part 6A Objections Officers must also discuss:

  • a potential ‘Capacity to Pay’ referral to ensure fairness and equity in child support payments if:
    • the customer has multiple cases, and
    • the Objections process did not consider all cases, and
    • their adjusted taxable income is likely to increase
  • Where the objection decision is likely to decrease their income, this will not reduce their income on any other cases. To reduce their income in those assessments they will need, for each other active case:
    • a COA application or
    • an objection to an existing COA decision

Other issues may be identified but not taken into account in the objection process. These may include non-agency payments, changes in care and estimates of income. Document in an Objections notepad and create a Part 6A General Follow Up intray. This will auto route for SAS allocation with a notepad detailing the follow up action/s.

Part 6A Objections Service Officers can unlock customers when they have:

  • completed the decision
  • explained the outcome to both customers
  • undertaken minimum collection activity
  • issued the Statement of Reasons
  • finalised the case in Cuba