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Administrative Review Tribunal (ART) review dismissed or withdrawn 277-09180060



This page contains the process for withdrawing an application for review by the ART and when the ART has dismissed an application.

Application for review by ART withdrawn or dismissed

This table describes the steps to take when an application for review is withdrawn or dismissed.

Step

Action

1

Application withdrawn or dismissed + Read more ...

If the application is:

2

Review withdrawn + Read more ...

If Child Support receives a customer's written election to withdraw their review, document the correspondence on the ART Maintenance window and forward the withdrawal to the ART.

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 recorded in the communications window with notes to be added to that document. The record type should be as follows:

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

If a customer calls to advise of their intent to withdraw their review, warm transfer the call to the ART.

3

Applicant advises ART of withdrawal of review + Read more ...

Where an applicant advises the ART they wish to withdraw their review, the ART is responsible for contacting the other parties to the review and advising them of the applicant's intention to withdraw the review.

Other party requests review to continue

The ART will contact the other party and ask if they wish to continue with the review. If yes, the ART will decide if the review process will continue.

The ART will not provide further notification of the applicant's intention to us.

4

Other party agrees to withdrawal, Support Officer + Read more ...

If the other party agrees to the withdrawal of the review, the ART will action the withdrawal.

The ART will email notification of the withdrawal to the Appeal Support Team (AST).

Customers can request their review be re-instated within 28 days of the withdrawal. Do not finalise the withdrawal on Cuba until 28 days after the withdrawal.

The Service Officer responsible for monitoring the inbox will:

  • create an ART Appeal Withdrawn intray which automatically has a 28 day due date
  • route the intray to the ART Withdrawn position in Cuba
  • document the ART advice in the ART Maintenance window, see Documenting Child Support information, and
  • update the ART database

5

Applicant requests reinstatement of their appeal - Service Officer + Read more ...

Where the applicant/respondent asks the ART to reinstate their appeal, the ART will email notification of the reinstatement to the AST. The Service Officer will:

  • create a notepad in Cuba with the subject heading 'Appeal Reinstated' and copy the request for reinstatement of their appeal
  • document the ART advice in the ART Maintenance window
  • locate the customer record on the ART database, and:
    • check the 'Original ART appeal' and 'ART Appeal Reinstated' box
    • select 'Add New Appeal Record', and
    • re-enter the customer details

If s37 ART Act documents have not been sent a full file should be prepared, see Management of files sent to the Administrative Review Tribunal (ART).

If s37 ART Act documents have been sent to the tribunal await notification of the hearing date before proceeding with the s38AA ART Act.

6

Dismissal of application + Read more ...

If the ART dismisses the application for review, they will notify the AST by email.

The Service Officer will:

  • document the ART advice in the ART Maintenance window
  • record the outcome of the decision in the ART Maintenance window. The decision should be recorded as 'DISM - OTHER' with a reason of 'other'
  • delete the ART review lodged intray, and
  • update the ART database

See Processing an Administrative Review Tribunal (ART) decision.