Processing an Administrative Review Tribunal (ART) decision 277-09180070

The ART will forward an email to the Appeal Support Team mailbox when a decision has been made.

The AST Service Officer will confirm the decision relates to the correct parent or carer(s) and forward an email to the Cuba Store mailbox which will include the decision. Use the subject heading: ‘OBJ/ART/CSID [customer CSID]’.

Cuba store will:

• Scan the decision and receipt it in the View Correspondence window with a category of ‘OBJ’ subcategory ‘ART’
• Attach the decision to the parent or carer's records within 48 hours of receipt

Note: it is important to use the CSID of the party who lodged the review with the ART in the subject line as this is the CSID that will be used to locate the correct customer.

An SSAT Correspondence Received intray generates and auto routes to:

• Office: Sydney Office
• Stream/Team: SCA4APPEALS SUP SYD
• Position: NONE

The Service Officer will attach additional information provided by the ART to the original file. Document additional information on the SSAT Maintenance window prior to filing.

Upon receipt of the SSAT Correspondence Received intray, the AST Service Officer will create an ‘ART Decision to be Processed’ intray except where the ART have set aside the objection decision and referred the matter back to Child Support for reconsideration.

The ART Decision to be Processed intray has a 7 day due date in which to process the ART decision.

Agreements/Court Orders team will process all ART decisions. Route both intrays to:

• Office: National Office
• Stream/Team: SP SAS NATIONAL SAS TEAM
• Position: AA – SAG ALLOCATION

Note: for parents or carers managed in Personalised Services (PS), intrays will be processed by the Agreements/Court Orders team while communications with the parent or carer will be managed in PS. Email the PS Officer to advise the ART decision has been received (go to Step 3).

An exception to the above occurs where the ART have set aside the objection decision and referred the matter back to Child Support for reconsideration the AST Service Officer will:

• Generate an ‘Objection Lodged’ intray and route it to:
• Office: National Office
• Stream/Team: OP NAT OBJECTIONS TEAM
• Position: AA – ZZ GENERAL OBJECTIONS
• SSAT Correspondence Received intray is still routed to the AA – SAG FOR ALLOCATION position

The AST Service Officer will:

• record the decision details in the ART database, leaving the ‘finalised date’ blank
• create a notepad in the SSAT Maintenance window with a subject heading ‘ART Decision Received’ (insert received date) and paste a copy of the email into the notepad. The contents of the PDF version of the decision are not copied into the notepad
• Save a copy of the ART decision to the ART decision folder in the AST share drive using the following naming convention:
• YYMMDD (date decision made by ART)
• Case Number (Needs to be 9 digits – include 0s at the beginning if necessary)
• Customer Name (Surname of customer who lodged objection)
• Decision type (COA/NAP/CARE etc.)
• (Underscore a – if affirmed, otherwise blank). For example, 091031 000000001 Arlberg COA R3_a. Note: List each COA reason considered in the decision e.g. 091031 000000001 Arlberg COA R3 R7 R8_a
• email the ART decision using the Email Template- Notification of decision – PS & Obj to:
• If the parent or carer is managed in Personalised Services – PS Team Leader, PS Case Officer and Team Leader of the objections officer making the original decision
• If no PS involvement – to the Team Leader of the objection officer (Pt6A or Gen Obj) making the original decision. This is for feedback only

Move the ART decision email in to the ‘ART Decisions’ mailbox folder.

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. Place a note in the communication record to document the decision has been processed. Copy and paste the note to the case screen notes.

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

There is no further action for the AST Service Officer, until the decision has been processed in Cuba by the appropriate business area. Go to Step 9 for the next action required by the Service Officer.

Note: for parents or carers managed in PS, determining the effect of the decision is for the purpose of managing any verbal communication required with the parent or carer ahead of the decision being processed by the Agreements/Court Orders team and letters being sent.

The Service Officer will read the ART decision in full to determine the effect of the ART decision:

Decision varied

If the ART vary the decision, parts of the objection decision that are not varied by the ART should remain unchanged. For example, if the original decision is that the payer’s income is set at $100,000 from 1 January 2009 – 31 December 2011, and the ART vary the decision so that the payer’s income is set at $150,000 from 1 January 2010 – 31 December 2011, the payer’s income will remain at $100,000 for the period 1 January 2009 – 31 December 2009.

Decision set aside

If the ART set the decision aside, this means that all parts of the decision are set aside before the ART’s decision is implemented.

The ART may set aside a decision and either:

• refer the decision back to Child Support for reconsideration with directions and/or recommendations it has made, or
• substitute a new decision

Decision affirmed

If the ART affirms Child Support’s decision, no action in Cuba is required. Go to Step 5.

Decision inconsistent with intent

If there is concern the effect of the decision is not consistent with the intent:

• seek technical support by contacting a Service Support Officer (SSO) who will escalate the issue through the PSM if required
• The PSM will escalate to CS Program Advice if further assistance is required

The Program Advice team will review the decision and determine if contact with the ART is required. If necessary they will contact the relevant ART Registry outlining the issue and await a response.

Program Advice will:

• notify the Agr/CO PSM of action taken and any ART response
• update the Cuba record to advise of the progress of the enquiry

If the escalation is likely to cause a delay in processing the decision, the SSO/Service Officer will make a note in the SSAT Maintenance window.

The ART will respond to the Program Advice team via the External Review and Liaison mailbox.

Correction of errors in decisions or statement of reasons

Where the decision has been corrected under s43AA (ART Act) the Tribunal will advise Child Support through the AST mailbox. The Support Officer will go to Step 1.

Note: escalate any cases that raise significant levels of overpayment to the AST TL.

The Service Officer will:

• update the SSAT Maintenance window by:
• entering the date the decision was made
• selecting: Decision Affirmed, Varied, Set Aside (Replaced) or Set Aside (Returned)
• creating a notepad with a subject heading of ART Decision (type e.g. Care): Affirmed, Set Aside or Varied
• copy and paste the front part of the ART decision (down to date of despatch) into the notepad
• complete the SCS Information window. If the customer is locked to a Service Officer, record the details

Updating the SSAT Maintenance window will auto delete the SSAT Review Lodged intray and generate an SSAT Decision Received intray.

Note: If the decision relates to an appeal which cannot be linked to the objection via the SSAT Maintenance window, place a note in the communication screen in the existing notepad (SSAT – OTHER – Objection – EXTERNAL AGENCY) and document that the decision has been finalised.

The SSAT Decision Received intray will not auto create – the Service Officer must manually generate and SSAT Decision Received intray.

The Service Officer will:

• process the decision on Cuba.
  Note: when processing an ART’s decision, determine whether a new Child Support Period (CSP) should commence. If the ART have overturned a Change of Assessment (or other) decision that prevented a new CSP from commencing, a new CSP may need to be created. If it is determined that a new CSP should commence and Cuba does not automatically create one, manually create a CSP from the appropriate date (usually the first day of the next month).
• check the Eligibility window to ensure the changes have been recorded correctly. Note: Escalate to an SSO any cases that raise significant levels of overpayment before saving eligibility
• leave a notepad in the case window stating that the assessment or care record has been updated as per the ART decision available in view correspondence dated xx/xx/xxxx
• copy and paste the front page of the decision into the notepad (excluding the ART member’s name and signature block)

Finalise letters, including the cancellation of any auto-generated letters that are not applicable to the outcome of the ART decision.

If a decision is set aside, varied or referred back for reconsideration, the letters that result from the changes made in Cuba will usually be inappropriate.

If the ART's decision affected the assessment, cancel the letters and replace with an MX0-2 – Unique letter (assessment notice). These letters can be issued centrally.

If the ART's decision results in a non-assessment-related change (e.g. NAP acceptance) - cancel the letters and issue a MX0-1 Unique Letter. Print a copy of the cancelled letters and include with the unique letter. These letters will need to be printed and sent locally.

If the cancelled letters give the customer objection rights to the decision, it is not appropriate to send the letter as the customer does not have objection rights once the ART decision has been processed. Seek SSO assistance.

See Letters Cuba Process Help.

The following text is approved for use in the unique letter except where the decision relates to a care decision.

'We are writing to let you know that we have changed your child support. We have made this change to give effect to the decision of the Administrative Review Tribunal (ART) made on {INSERT dd Month YYYY}.

Enclosed is a summary of the amended details'.

What you can do

If you do not agree with the Tribunal's decision you have 28 days from the date you received the Tribunal's decision to appeal to a court but only on a question of law.

Exception: Care Decision

Where the decision relates to a care decision, the following text is approved for use in the unique letter:

'We are writing to let you know that we have changed your child support. We have made this change to give effect to the decision of the Administrative Review Tribunal (ART) made on {INSERT dd Month YYYY}.

Enclosed is a summary of the amended details.

If you do not agree with the Administrative Review Tribunal decision

If you do not agree with the ART's decision you have 28 days from the date you received their decision to appeal to the ART for a second review. You cannot lodge an appeal to the ART's decision with us.

For more information about lodging an appeal to the ART, you can go to ART.gov.au.'

Update the care indicator if the review related to a care decision with a ‘from’ date on or after 1 July 2010.

Navigate to the relevant care record(s) in the Care window and update the Objection Review Lodged status to Finalised.

AST Service Officers

Once effect has been given to the ART decision, delete any remaining intrays associated with the ART process.

Finalise the appeal record in the ART database, by updating the following fields in the ART Database:

• ART Decision Received
• Outcome
• Date ART Decision Dispatched
• Date of ART Decision
• ART Decision Outcome
• Finalised Date

If any action is required separate from the ART process (e.g. debt collection refer the work to the relevant business area.

Agreement/CO Service Officers

Check if there has been a determination for disbursements to the payee to be suspended. If so then the suspension should be removed. For more information see Disbursements of child support.

Once the decision has been processed :

Route the SSAT Decision Received intray to the following Cuba position:

• Region: NEW SOUTH WALES AND ACT
• Office: SYDNEY
• Stream/Team: SP SCA4 APPEALS SUP SYD
• Position: A – DEC TO BE PROCESSED

If the tribunal set aside the decision and refer the matter back to Child Support for reconsideration, the objections officer must make a fresh decision in accordance with any directions or recommendation of the ART. The objection officer will issue the appropriate objection letters.

The objection decision must specify that the matter was referred back by the Administrative Review Tribunal for reconsideration and clearly outline any recommendations or directions given by the Tribunal.

The new decision will replace the previous objection decision and the customers will have fresh appeal rights if they remain dissatisfied.

Where an objection has been set aside:

• the Objection SSO will:
• update Cuba to reflect that the objection decision was never made
• update the relevant liability or assessment details to mirror the status of the case prior to the objection decision
• the AST Service Officer will:
• add a note to the Objection Maintenance window stating that the decision has been returned for consideration, and
• update the ART Database

Allocated for a new objection decision

The intray will be auto-allocated for a new objection decision.

The Objection Service Officer will:

• update the Objection notepad to reflect a new decision must be considered
• cancel the auto-generated letters and issue new Objection letters and finalise the SSAT Decision Received intray

Note: EOT refusal; If a Child Support decision to refuse an EOT application to lodge an objection is set aside by the ART, the objection is taken to have been lodged from the date the ART decision was made. Child support has 60 days from the date of the ART decision to finalise the objection.

Senior Advisors in International and External Review are responsible for reviewing all ART decisions and capturing the reasons for change in the ART database.

If the Senior Advisor determines that there is a technical and/or legislative issue they may make recommendations to the Director of the International and External Review Team to appeal the decision.

Where the ART is unable to make a decision because they do not have jurisdiction they will notify Child Support by email. The Support Officer will copy the email received from the ART into the communication notepad if no ART record was created.

There is no paper record kept for these decisions. If the ART record was created in Cuba, paste this in a notepad under that window.

Update the ART Database to reflect that the appeal is finalised.