Administrative Review Tribunal (ART) applications against Child Support objection decisions 277-09180010

When the ART receives an application for review they will email the relevant Appeals Support Team (AST) mailbox with a request for the applicant's details.

The following 2 emails may be received from the ART:

• Record of Application – advising Child Support that a customer has requested a review to commence
• Request for Applicant Details – Request to Child Support to provide to the ART:
• the date of notification of the objection decision (or decision to refuse an extension of time to lodge an objection)
• how that decision was notified (electronic or post)
• any details of the applicant that are missing or unknown in the ART records
• a copy of the objection decision, and
• details of the other party(s) to the review (or other persons who may be affected by the decision under review)

Both of these emails will include the applicant name, address, date of birth, CSRN, review number, for example 2016MC001234, objection decision relevant to the request, Child Support decision dates and registry location.

The ‘Request for Applicant details’ email will include:

• an electronic copy of the appeal application, and
• any documents provided by the customer at the time of lodgement

The Appeal Support Officer (ASO) managing the AST mailbox will:

• identify the customer (if the customer cannot be identified contact the ART for more information)
• enter a record of the application for review in the ART database on the ART shared drive
• add a document to the applicant’s Communication window including:
• Subject heading – Request for applicant details
• Reason: Objection
• Category: SSAT
• Issue: Other
• copy both the Record of application and Request for applicant details email to the Communication window notepad, noting that it is an exact copy of the original and the number of attachments included in the email

See Documentation Cuba Process Help.

Note: applications for review from RACS customers must be processed by an ASO with the appropriate RACS access level.

Use the information provided by the ART to examine recently made decisions and determine if there is an objection decision relating to the review.

No relevant objection identified

If no relevant objection decision is located:

• complete the ART Initial information received ART template and email this to the ART
• record the email sent to the ART in the applicant’s Communication window by adding a new notepad with a heading of ‘Response to request for details’, and
• update the ART database

If the ART provide further information that allows a relevant objection decision to be identified continue on with Relevant objection decision identified. If no additional information is provided, no further action is required.

Relevant objection decision identified

If a relevant objection decision is located:

• Complete the Initial response to ART request for applicant details template and email it along with a copy of the relevant objection decision to the ART. Note: this must be completed within 3 working days of notification to the Registrar
• record the email sent to the ART in the applicant's Communication window by adding a new notepad, with the heading 'Response to request for Applicant details', and
• update the ART database

See Documenting Child Support information in Cuba.

If either parent is on Tracing, notify the ART by email and undertake customer location activities. See Customer location (tracing).

No further action is required until either:

• the ART notify the AST they are considering an application for an extension of time for review, go to Step 4
• the ART notify the AST that the review will not continue, go to Step 5, or
• the ART notify the AST that the review will continue, go to Step 6

If the ART advises that they are considering an application for extension of time for review (ART EOT application), go to file Extension of time (EOT) review lodged against Child Support decisions and see the ART Request for Documents – subsection 93(2) table.

Note: while the ART are still considering the ART EOT application, the actual review of the Child Support objection decision has not yet begun. Once they have finalised the ART EOT application, the ART will advise by email if the review of the child support objection decision is to continue and if so, they will provide a new review number for the continuing review.

If the ART advise that the ART EOT application has been:

• refused, go to Step 5
• granted, go to Step 6

The ART will inform AST by email, when they finalise a review that cannot proceed because:

• no relevant objection exists
• the application for review is out of time
• the ART does not have jurisdiction to review the objection decision, or
• the ART has rejected a customer’s ART EOT application

Document the information in the applicant’s Communication window by:

• adding a new notepad to the existing ‘Request for applicant details’ notepad using the heading ‘Review has been dismissed’. Copy the email text into the notepad, noting that it is an exact copy of the original, and
• finalising the review in the ART database

No further action is required.

The ART will advise by email if the review is to continue.

If the review will continue, but the decision being reviewed is a Child Support refusal of an extension of time to object (EOT refusal), go to file Extension of time review lodged against Child Support decisions and see the ART Request for statement table.

If the review will continue and an ordinary objection decision is being reviewed, go to Step 7.

The ART will email a 'Request for statement' to the AST mailbox as confirmation that the review will continue.

The 'Request for statement' will request documents that:

• give reasons for the decision
• set out the findings of fact, and/or
• refer to the evidence on which the findings were based

Note: once the ART sends a Request for statement, Child Support must provide all documents to the ART within 28 days of the date of the email.

Go to Step 8.

AST mailbox administrator will:

• Create a new record on the SSAT Maintenance window and 'link' the objection decision to the ART review. Creating a new SSAT Maintenance record in Cuba will automatically generate an SSAT Review Lodged intray
• Document the 'request for statement' on the SSAT Maintenance window including the email text, and
• Update the ART appeals database

Creating a new ART Maintenance record in Cuba will automatically generate a SSAT Review Lodged intray.

If the review relates to a care decision, with a from-date of 1 July 2010 or later, update the care indicator.

Navigate to the relevant care record/s in the Care window. Update the Care Objection Status in the bottom right hand corner to In Progress.

Unable to link appeal to an objection

In some situations, Cuba may not allow the appeal to be linked to the relevant care period. If this occurs, record a notepad in the customer communication window using the following text:

Subject: Unable to link appeal to objection

Text: Due to issues with processing care in CUBA we are not able to link care records to create the SSAT appeal registration. Please see Customer Communications window SSAT ‘electronic in’ – dated [XX/X/XXXX] for all SSAT information for appeal [appeal number].

If the review relates to the validity of the assessment and relies on one of the following grounds:

• the payer was not an Australian resident
• the child is not an eligible child, or
• the applicant was not entitled to make an application for the child

the payer must be contacted by phone and informed of their right to apply for the payee's disbursements to be suspended. The payer can then request suspension of disbursement of monies to the payee.

This suspension request will not always be granted. See Suspending disbursements of child support.

See Management of files sent to the Administrative Review Tribunal (ART).