Administrative Review Tribunal (ART) applications against Child Support decisions 277-09180000

The ART is an independent tribunal that reviews decisions made by Services Australia.

A person may apply to the ART for a first review of a decision to:

• allow, part-allow, or disallow an objection, or
• refuse an application for an extension of time (EOT) to lodge an objection

The ART:

• reviews the merits of the Registrar's decision and takes a fresh look at the decision under review
• can affirm, vary or set aside the Registrar's decision and make a new decision in substitution or remit the matter to the Registrar with any orders or recommendations

Services Australia cannot accept:

• an application to the ART
• a request to withdraw an ART application

A person must apply to the ART for a review and contact ART to withdraw their application for review.

• A person must apply for an ART review within 28 days (90 days for a person in a reciprocating jurisdiction) of the date they received notice of the objection decision
• If the time limit has passed, they can apply to the ART for an extension of time (EOT) to lodge their application for a review
• The ART is not required to notify other parties to an application for an EOT for review unless the ART or a court grant the EOT application

Care percentage objection decisions

• The time limits on making an application to the ART do not apply for care percentage objection decisions
• The ART decision will have effect from the date the application to the ART was made if the:
• person applied to the ART more than 28 days after receiving the objection decision (90 days for a person in a reciprocating jurisdiction), and
• ART decision varies or sets aside the objection decision, substituting a new decision
• The ART can consider if special circumstances prevented the application being made within time. If satisfied special circumstances do exist, they may decide that the application to the ART for review was lodged within time
• The ART must provide written notice of a decision to make or not make a determination to the persons affected by the decision
• A person dissatisfied with the ART’s decision about special circumstances may apply to the ART for second review of the decision

Care special circumstances determinations - section 87AA Child Support (Registration and Collection) Act (CSRC Act) 1988

• A care objection may make a determination of special circumstances under section 87AA of the CSRC Act
• A special circumstances determination is considered a separate decision to the care percentage
• If a person is applying for a review of a special circumstance’s determination, they must apply within 28 days (90 days for a person in a reciprocating jurisdiction) or apply for an extension of time

Generally, the parties to an ART proceeding are the:

• applicant
• Registrar
• other parent affected by the decision, and
• any other person entitled to apply for a review of the decision under Child Support (Registration and Collection) Act, section 89

If the decision being reviewed is an objection decision about penalties, or an extension of time decision made by the Registrar, generally the parties to the review are only the:

• applicant, and
• Registrar

The objection decision continues to apply while a review is under consideration at the ART.

A party to the review may apply to a court for a stay order in relation to the objection decision, pending the outcome of the ART review.

Where a party wants to provide additional documents or evidence to a review, they must provide these directly to the ART.

The ART:

• may decide to Affirm, Set Aside, or Vary a decision
• will provide Child Support a copy of any ART first review decision

Child Support aims to implement the decision within 14 days of it being received.

If a party is not satisfied with an ART first review, they may apply to the ART for a second review for the following decisions only:

• A care percentage decision, including a decision that special circumstances did not apply in relation to a late objection
• A decision by the ART to refuse an application for an extension of time to lodge an ART first review
• A decision by the ART to make or not make a determination in relation to special circumstances for late application to the ART for a review of a care percentage objection

For all other decisions, a party must apply to a court on a question of law.

Child Support & Tailored Services Division

Service Officers at the APS3 and APS4 level:

• Communicate with the ART in relation to administrative matters
• Manage appeals records in Cuba and the ART database
• Prepare the ART file
• Despatch the file to the ART and the parties
• Process the ART decision
• Finalise the appeals process
• Store and transfer ART documents

Service Support Officers (SSO) at the APS5 level:

• Check documents for completeness and compliance with privacy provisions
• Make decisions to escalate 'exceptions' to their Team Leader
• Provide guidance to APS3 and APS4 Service Officers for escalated matters
• Make non-disclosure applications to the ART

Program Officers at the APS 5 level

• Manage the Appeals Support Team (AST) mailbox
• Communicate with the ART in relation to administrative matters
• Create and manage appeals records in Cuba and the ART database

Note: Service Officers below the APS5 level who have the support from their team leader may carry out the roles and responsibilities of an SSO.