Administrative Review Tribunal (ART) submissions and requests for additional information from Child Support 277-09180040

If there is something unusual about a case, the application or objection decision consider if a submission is appropriate.

A submission may be appropriate where:

• the objection reasons lack substance, do not address some of the issues raised or the reasons for making the decision are too brief
• some context needs to be provided around the issues and decision
• clarification of Child Support policy and/or procedures is required
• the Senior Advisor believes that significant recent or ongoing developments and/or issues should be heard, or
• the application is challenging significant issues relating to the administration of the child support scheme and Child Support’s involvement would further the objectives of the scheme

Escalate to the Senior Advisor of International & External Review (IER) where:

• our actions may have been defective
• it may be appropriate to remedy the case prior to the review being decided by the ART, or
• the matter may be subject to media and/or Ombudsman scrutiny

Where the matter involves unclear policy or legislation to be interpreted consult Program Advice, Program Litigation & Review and/or Department of Social Services (DSS).

If a submission is not necessary no further action is required.

If a submission is necessary, go to Step 2.

Where a submission is required decide if it should be:

• in writing, and/or
• oral (inclusive of a written submission)

For written submissions, go to Step 3.

For oral submissions, go to Step 4.

The Program Manager may make written submissions to the ART at any time without seeking ART approval. Where possible, the submission should be made in time for both parents to receive a copy of the submission prior to the hearing.

If further explanation is required the Program Manager should consider making an application for an oral submission at the hearing. Forward the application to the Tribunal.

Where a written submission is appropriate:

• The Senior Advisor will work with the Program Manager in preparing the submission using the written submission template on the shared drive
• The Assistant Director will liaise with the appropriate policy/legal area and seek EL2 clearance from either:
• the Director of IER, or
• Child Support Policy (Assessment), or
• the Director Policy Advice (Collection), or
• Child Support International Policy, or
• Program Litigation Review
• Scan one copy of the file and save it to the AST Electronic Filing folder in the Appeals Support team share drive folder
• Create a notepad in the SSAT Maintenance window in Cuba and paste a copy of the submission into the notepad, noting a s39AA of the Administrative Review Tribunal (ART) Act submission has been made
• Email the submission, as a PDF attachment, to the Business Manager and cc the appropriate state ART Mailbox
• Update the ART database
• Record details of the submission and check the submission button in the SSAT Maintenance window
• Sign off the exception handling request form
• Return the file to the ASO
• Email the relevant Appeal Support team, requesting that they send a copy of the submission to each party to the review

Note: If the matter is a care appeal and cannot be loaded into the SSAT Maintenance window due to a known system error, a stacking document should be started in the communications window. Add a notepad into this record.

• Type: Electronic In
• Category: SSAT
• Issue: OTHER
• Reason: Objection
• With: EXTERNAL AGENCY

If possible make an application for an oral submission at the same time as submitting the s39AA ART Act documents.

Where an oral submission is appropriate:

• email the ART Senior Advisor, using the template on the shared drive requesting permission to make an oral submission and attach a PDF copy of the written submission
• save a copy of this email and submission request to the shared drive
• update the ART database
• document the details of the request on the SSAT Maintenance window. See Documenting Child Support information

If the ART grant permission for an oral submission, a written submission must also be lodged prior to the hearing. Go to Step 3.

If an oral submission is required at the hearing, go to Step 6.

The ART may order us, at any time, to make a written submission or to attend a hearing and make an oral submission.

To make an oral submission:

1. The Appeal Support Team (AST) will forward a copy of the email to the IER mailbox.
2. The Reporting Officer will allocate the submission to the Program Manager responsible for COA or General Objections.
3. The Program Manager will save a copy of the order in the SSAT Maintenance window in Cuba, and
4. The Senior Advisor will also save a copy of the order in the ART share drive

If a written submission is required go to Step 3.

An oral submission may be provided in person or over the phone.

Where Child Support is providing an oral submission in person, the Program Manager will attend the hearing on the date advised and deliver the submission as required.

At the conclusion of the hearing:

• update the ART database
• document the summary of the oral submission, and
• check the Attend Hearing button in the SSAT Maintenance window

The ART will email an s95G request for information or documents to the Appeal Support Team (AST). The AST will:

• receipt the request on the SSAT Maintenance window with the heading 's95G request', and
• update the ART appeals database with the details of the s95G request

The Appeal Support Officer (ASO) is responsible for preparing any information and/or documents required by the ART and completing the ART s103J Request response. The ASO will:

• edit the document to remove Tax File numbers
• create two copies for the ART unless the ART specify otherwise
• send the relevant copies to the ART using the ART s95G Request response
• scan one copy of the file and save it to the AST Electronic Filing folder in the Appeals Support team share drive folder
• issue the appropriate notice (s120 or s161) within 7 days from the date of request from the ART
• update Cuba and the ART database to reflect which notice was sent and the date the response is due
• advise ART that a notice has been issued to the third party including the due date, and
• update Cuba and the ART database to reflect that the notification to the ART has been sent

When a response is received forward it to the ART within 7 days after receipt using ART s95J Request response. When the documents have been despatched, update the Cuba notepad in the SSAT Maintenance window to reflect that the documents have been sent to the ART, and finalise the S95G request on the ART database.

Do not send a copy of these documents to the customers. The ART will provide copies to the customers if they deem it necessary.

If a response to the notice has not been received within 21 days notify the ART via email. Commence follow up action to have the notice complied with. See Child Support's information gathering powers.