Extension of time (EOT) review lodged against Child Support decisions 277-09180020

Create a notepad with a subject heading ‘File location’ on the SSAT Maintenance window; and document the location of the file and, if applicable, the RACS level (1, 2 or 3) of the case. See Documenting Child Support information.

Save documentation in Cuba (SSAT Maintenance Window)

• ‘Request for applicant details’
• ‘Request for statement’, and
• response emails

Prepare a file for an EOT refusal

Save:

• a copy of the ART ‘Record of Application’ and any attachments provided by the customer in their application to the ART as the first document in the file, and
• the Objection EOT refusal, covering letter and assessment letters (if applicable) as the second document

Locate and retrieve paper and electronic records relevant to the EOT refusal. See Table 2 in Management of files sent to the Administrative Review Tribunal (ART).

Save any relevant documents using the agreed naming conventions. When the documents are combined into the one PDF file, they should be sorted into the correct order for submission.

Delete personal information.

Usually, there is only one party to the review of the Child Support EOT refusal and the only information removed for the applicant is their Tax File number.

If the ART make the other parent a party to the review, they will notify Child Support by email. If the ART does make the other parent a party, consider the ‘Preparing documents for disclosure to the Administrative Review Tribunal’ and identify if there is any information that is relevant to the review of the decision, but which may require redaction.

Consider if any exception handling is necessary. See Table 5 in Management of files sent to the Administrative Review Tribunal (ART).

Combine all documents into a single PDF file in the correct order.

When the file is compiled, the SSO will complete a compliance and privacy check on the final ART file to:

• ensure all required documents referred are included
• check all personal information relating to the other parent is removed and there is no information included which may constitute a privacy breach
• check the file is in date order
• update Cuba and the ART database to reflect that the checks have been completed

Submitting the EOT refusal file to the ART

Prepare the s23 Statements and documents’ coversheet and save it in PDF format as the first document in the bundle to be submitted to ART.

The cover page must clearly identify the security classification of the contents of the bundle.

The ART file must be submitted to the ART within 28 days of the ‘Record of Application’ being received.

The final EOT refusal file is submitted to the tribunal via Bluezone (FTP service).

Update the SSAT Maintenance window notepad in Cuba and the ART database to reflect the ART file has been sent to the ART and the customer.

Preparing the file for despatch to the customer(s)

Check whether the ART has notified Child Support that they have added the other customer in the child support case as a party to the review of the EOT refusal. If so, wherever the instructions in the following step refer to preparing a covering letter or making a copy of the file or sending a copy of the file to the applicant, also do the same for the added other party.

Prepare the covering letter to the applicant (MX19-1). See Letters Cuba Process Help.

Preparation and despatch of letter and file to customer(s)

• create one double sided copy of the final ART file for the applicant
• hole punch the documents; including the covering letter to the applicant (MX19-1) and secure them with a plastic tube clip, and
• adhere the plastic tube clip to a blank sheet of paper at the bottom of the bundle

If the edited documents are less than 10 pages, they may be stapled.

Send files by Express Post or Registered Mail. These files must be double enveloped.

If the parent is on tracing or if the file is returned unclaimed, notify the ART by email and undertake customer location activities. Document any tracing action taken in Cuba.

The ART will notify Child Support of the outcome of their review of the EOT refusal decision.

The ART outcome could be:

• affirmation of the EOT refusal decision (no further action is needed, apart from the actions in Step 6 to update the notepad and database), or
• to set aside the EOT refusal, and direct Child Support to consider the underlying objection. This means that Child Support must proceed to consider the Objection. See Table, Step 4 in Processing an Administrative Review Tribunal (ART) decision

Create in intray ‘Objection Lodged’ and route to:

• Region: National Office
• Office: National Office
• Team: OP NAT OBJECTIONS TEAM
• Position: AA-ZZ General Objection

To continue completing the actions required to update the notepad and database, go to Step 6.

The ART will notify via email when they finalise a review that cannot proceed because the ART has affirmed Child Support’s refusal of the customer’s EOT application.

The Service Officer will:

• document this in the SSAT Maintenance window as an additional notepad to the existing record of the ART’s ‘Request for applicant details’. See Documenting Child Support information
• copy the email into the notepad, noting that it is an exact copy of the original, and
• finalise the review in the ART database

No further action is required.

Update the Communication window notepad on Cuba and the ART database to reflect the ‘Request for documents – s93(2)’ has been received.

Copy the ‘Request for documents – s93(2) 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.

Create an electronic file and include:

• a copy of the Administrative Review Tribunal (ART) ‘Record of Application’ as the first document in the file
• copies of:
• Child Support notice and letter sent to both parties advising of the decision which gave rise to review rights to the ART, including advice to the parties of review rights and timeframe for exercising these rights
• any documents/information, Court Orders, receipts or Child Support sourced documents including that of the Decision Maker (DM) used by Child Support in reaching the decision giving rise to review rights to the ART, and
• any written responses from the parties, file notes and Cuba notepads recording contact with the parties following the decision giving rise to the review rights to the ART

Save all documents using the agreed naming conventions. Sort the document into the correct order for submission to the ART.

See Table 2 in Management of files sent to the Administrative Review Tribunal (ART) for the agreed correct order for files lodged with the ART.

In the ART EOT application, the applicant is usually the only party to the application being considered by the ART. If the ART make the other parent a party to the application for an extension of time for review, they will notify Child Support via email. Note: it is uncommon for the ART to add the other parent as a party to the ART EOT application.

If there is only one party to an application, the only information removed for the applicant is their Tax File number. However, because the full file will eventually have to be provided to both customers (if the ART grant the extension of time for review), prepare the file in the same way as if it was being prepared for a substantive matter (make appropriate redactions as if the documents are being sent to both customers).

The exception would be if the ART is considering an ART EOT application, where the customer is seeking a review of a Child Support refusal to grant an EOT to object. If the ART grant their ART EOT application, usually the only party to the review of the Child Support refusal to grant an EOT would be the applicant.

Consider preparing documents for disclosure to the Administrative Review Tribunal and identify if there is any information that is relevant to the ART EOT application or to a review of the underlying objection decision, but which may require redaction.

Consider whether any exception handling is necessary

See Table 5 in Management of files sent to the Administrative Review Tribunal (ART).

Combine all documents into a single PDF file in the correct order.

When the file is compiled, the SSO will complete a privacy check on the final ART file by:

• ensuring all documents referred are included
• checking that Tax file numbers have been removed
• checking the file is in date order
• signing off the Request for Copy of Decision, and
• updating Cuba and the ART database to reflect that the copy of decision check has been completed

Complete the ART EOT s93(2) cover sheet and save this to the electronic file in PDF format as the first document in the bundle to be submitted to ART.

The cover page must clearly identify the security classification of the contents of the bundle.

The ART EOT application file must be submitted to the ART within 28 days of the ‘Request for documents – subsection 93(2)’ being received.

The final ART EOT application file is submitted to the tribunal via Bluezone (FTP server).

Update the Communication window notepad on Cuba and the ART database to reflect the ART EOT application file has been sent to the ART.

Note: the ART EOT application file is only provided to the ART at this stage. No copies are provided to the customers, as the ART have not yet decided if an application for review will proceed.

No further action is required until the ART notify Child Support of the outcome of their ART EOT application.

The ART will notify Child Support of the outcome of their ART EOT application.

Document this in Communication window as an additional notepad to the existing record of the ART’s ‘Request for applicant details’. See Documenting Child Support information.

If the ART:

• do not accept the review due to being out of time, go to Step 10
• allow the application for an EOT for review and the review is to continue, the ART will send:
• an email headed ‘EOT application’, stating that the ART has decided to grant the extension application
• a ‘Request for 2^nd party details’ (with an attachment of a new Record of Application), with a new Review number for the continuing review of the underlying objection decision

The Service Officer will:

• document this in the Communication window as an additional notepad to the existing record about the old Review number. See Documenting Child support information, and
• copy the emails into the notepad, noting that they are an exact copy of the originals

The Service Officer will complete the ART Details of 2^nd party template with the details of the 2^nd part and email it to the ART.

Note: this must be completed within 3 working days of notification to the Registrar.

Follow the instructions below in Steps 7 to 9. Completing each step will involve using the listed Operational Blueprint procedures and making the adjustments outlined in each step:

• Administrative Review Tribunal (ART) applications against Child Support objection decisions, go to Step 7
• Management of files sent to the Administrative Review Tribunal (ART), go to Step 8
• Processing Administrative Review Tribunal (ART) hearing details and additional documents, go to Step 9

Complete Table, Steps 4 to 6 Administrative Review Tribunal (ART) applications against Child Support objection decisions, with the following adjustments:

• at Table 1, Step 8 in Administrative Review Tribunal (ART) applications against Child Support objection decisions
• before documenting the ‘Request for statement’ on the new SSAT Maintenance window (using the new Review number), also document in the new SSAT Maintenance window the ‘Request for 2^nd party details’ emails from the ART, and the response email that provided those details to the ART
• update the ART appeals database to reflect that the ART EOT application was granted and the previous appeal review number is replaced with the new appeal review number

Complete all steps in the Process page tables of Management of files sent to the Administrative Review Tribunal (ART) with the following adjustments:

Create initial file table

• Step 1 Record review application in Cuba:
• documentation to be saved in Cuba (SSAT Maintenance window) relates to the ‘notice of EOT granted’, the ‘Request for 2^nd party details’ and the new ‘Request for statement’
• Step 2 Create initial file:
• use the final ART EOT application file as the basis of the new Initial file for the ongoing review.
• in the new Initial file, replace the previous record of application with the new record of application that the ART has sent and save the file using the new review number.
• Steps 3 to 8 Retrieve paper and electronic records, Review correspondence to and from ART, Family and domestic violence, Review objection file, Review Cuba records and Organise file:
• as the file was already fully prepared as if for a substantive matter, all the relevant documents should have been located and appropriate redactions should have been made.
• the Initial file will not be updated at this stage to include any developments that have happened since the previous ART EOT application file was sent to the ART. Any relevant information or significant developments that have been received or have occurred since the ART EOT application file was sent to the ART will be sent to the ART and all the parties later as section 38AA documents. See Processing Administrative Review Tribunal (ART) hearing details and additional documents (CS)
• if the Service Officer believes that there has been a significant new development that should not wait until the usual 38AA review 14 days before the hearing date, they should consult with the SSO/TL.

Exception handling table

Exception handling should not be required as the final ART EOT application file would have already been prepared on the basis that it might have to be provided to both parties and it should already have been fully considered for any exception handling required.

The final ART EOT application file will now be used as the Initial ART file for the ongoing review (using the new Review number).

As no further information is being added to the file yet (except for replacing the original record of application with the updated record of application), no further exception handling should be needed at this stage.

Complete all steps in Processing Administration Appeals Tribunal (ART) hearing details and additional documents (CS), with the following adjustments:

• Step 2 Review case records (ASO):
• the instruction to ‘Review the case to see if there have been any developments relevant to review since the ART file was prepared’ will actually relate to checking whether there have been any developments relevant to the review since the ART EOT Application file was prepared. Procedure ends here.

The ART will notify Child Support via email, when they finalise a review that cannot proceed because the ART has rejected a customer's ART EOT application.

The Service Officer will:

• document this in Communication window as an additional notepad to the existing record of the ART's ‘request for applicant details’
• copy the email into the notepad, noting that it is an exact copy of the original, and
• finalise the review in the ART database

No further action is required.