Open exchange of information for Child Support customers 277-09190000
This page contains information about how and when Services Australia staff discuss open exchange of information (OEI) with customers, and also sending, editing and exchanging information.
On this page:
Open exchange of information (OEI) conversations with customers
Open exchange of information (OEI) discussion points
Information that must not be provided to the other customer
Editing information - COA and Objections
Exchanging information - checks and requirements
Open exchange of information (OEI) and Administrative Review Tribunal (ART) first reviews
Open exchange of information (OEI) conversations with customers
Table 1
Item |
Description |
1 |
When to educate customers about OEI (Service Officer) + Read more ... Take every opportunity to educate customers about OEI, for example when:
|
2 |
Manage customer expectations + Read more ... When informing a customer about OEI focus, explain what will happen as part of the open exchange process and not just legislative requirements. This helps manage customer expectations as they will:
The customer's decision to proceed may be influenced by their knowledge of OEI. |
3 |
Customer shows signs of distress and family and domestic violence + Read more ... If a customer shows any sign of distress during this type of conversation, offer a referral for support. To offer the best options for the customer and their situation, see Customer Risk Identification Model and the Customer Support/Referral Guide. Take note if the customer:
See Family and domestic violence. Explain this to the customer:
|
Open exchange of information (OEI) discussion points
Table 2
Item |
Description |
1 |
What is OEI? + Read more ... OEI involves the exchanging of any information provided by customers (or third parties) in relation to their COA application or objection. Where the information will be used to make the decision it will be provided to the other party for comment. Information is usually exchanged by providing the other party with copies of documents but information can also be provided verbally if it is more efficient to do so. Tell the customer:
|
2 |
Solicitors assisting customers during COA and the Objections process + Read more ... A solicitor may assist a customer to prepare their COA application and/or response form. The solicitor cannot represent the customer or be involved in the COA process but they can receive correspondence on the customer's behalf. If a customer asks their solicitor or legal representative to deal with an objection on their behalf, the representative is entitled to access all information relevant to the process. Any discussions with the representative about OEI must be done by the decision maker. |
3 |
Family and domestic violence (FDV) + Read more ... Take note if the customer:
Explain this to the customer:
Discuss with the customer the information the decision maker will need to make a decision and how they can self-edit any other information. Ask the customer to carefully consider whether any of the information they have provided may increase the risk of family and domestic violence after it is exchanged with the other party. Do not accept applications or responses that include:
If there are concerns about the safety, health or welfare of a parent, non-parent carer or child/ren due to family and domestic violence, provide the customer with options that allow them to make informed choices about their child support case. Each situation is different and the affected persons are best placed to make the decision on which option will best work for them. Verify it is okay to exchange information. Three contact attempts are required on all available numbers over 48 hours before doing so. If contact is unsuccessful, see Table 4. For general direction where family and domestic violence is identified, see Family and domestic violence. |
4 |
Why information must be exchanged before making a decision + Read more ... The OEI between customers is a requirement under the Child Support legislation and for the purpose of procedural fairness/ natural justice. During the COA and objections processes, Child Support is required to exchange the application/objection and accompanying documents with the other party/parties to the process. Information must be exchanged with parties to a decision to make sure a customer who may be adversely affected by the information has an opportunity to respond and comment on the information before the decision is made. |
5 |
What information is exchanged? + Read more ... A copy of the COA application/objection and accompanying documents provided will be sent to the other customer. Responses and supporting documents provided by the other customer are also subject to OEI and will be exchanged with the applicant. There is no legislative requirement in the objections process to provide a copy of the response (and/or accompanying documents) to the objector. However, in the interest of procedural fairness, customers must be provided with the opportunity to respond to any information which may result in findings which are adverse to their interests. It is also appropriate to seek a response where doing so would assist in making a better decision. The documents can be discussed verbally and it may be appropriate to exchange actual copies or edited copies of relevant documents. Document any discussions in the Objections or COA Maintenance window. Customers must choose what they include in their application/objection and supporting documents however documentation containing offensive material or other material such as certain personal information or evidence from children will not be exchanged. See Table 5. Note: tell the customer if the matter proceeds to the ART for an ART first review, the agency will provide a copy of all information relevant to the decision to the ART and the other party including:
Refer the customers to the ART for any other questions about the tribunal process. |
6 |
Information to customers on editing documents (CoA applications, objection and ART first review) + Read more ... Tell the customer:
If the customer has family and domestic violence concerns, ask if the information provided, when exchanged with the other party, may increase their risk. Do not accept applications or responses that include:
Tell the customer to remove personal information such as address, phone numbers or employer details from their application or objection if the exchange of such information may be detrimental to their safety and/or wellbeing. Examples of items which the customer may want to edit include:
Tell the customer any information or documents they provide will not be edited before being forwarded to the other party, except in limited circumstances. See Table 3 and Table 4. COA applications and objections, responses or accompanying documents containing offensive content will not be accepted and will not be used or exchanged as part of the decision making process. See Table 5. |
7 |
Customer requests information not be exchanged + Read more ... A customer may request, either verbally or in writing, not to exchange information they provide with the other party. If this occurs tell the customer:
If the customer decides not to exchange the information, document their decision in Cuba. |
8 |
Customer requests partial information or documents not be exchanged + Read more ... A customer may request documents not be exchanged. Child Support will not remove or edit documents on behalf of the customer - with the exceptions outlined in Table 3 and Table 4. If the applicant does not want the application or supporting documents to be exchanged tell the customer they can withdraw their application and resubmit it after reviewing and editing the documents. If the applicant refuses to do this, tell them the agency will serve a copy of the application and accompanying documents on the other party in accordance with the requirements in the legislation (Child Support (Assessment) Act 1989 section 98G). If the respondent does not want their response or supporting documents to be exchanged change the category of the correspondence to 'General' and the subcategory to 'None' in the View Correspondence window. This will make sure that the response is not identified as part of the relevant COA process. This will generate a Correspondence Received intray, this intray must be deleted. If the applicant or the respondent chooses 1 of the options above, the Decision Maker (DM) will print and provide a copy of the relevant documents to the owning customer only along with a unique letter and a blank copy of the Application/Objection or Response if required. The unique letter must explain these documents have been disregarded and will not be provided to the other party as part of the COA process. See Letters Cuba Process Help. If the customer decides not to exchange the information, document their decision. Having sighted documentation that is now withheld from the OEI process, the DM may consider that they, or someone else, may perceive that their impartiality is affected. It may be appropriate to refer the case to the DM’s Team Leader for re-allocation to a different DM. |
9 |
ART first review + Read more ... Tell the customer if either party lodges an appeal to an objection decision that progresses to the ART, the information may be exchanged. Refer the customer to the ART if they have any questions regarding the tribunal's use of information. If the customer is lodging a review application with the ART, explain the other party will receive a copy of the entire file sent to the Tribunal. This will include any information relevant to the decision under review, including Cuba screen shots and notepads. This will also include any information they asked not to be exchanged during the COA or Objection process. For information about the legislative requirements between Child Support and ART, including the procedure when an application for an ART first review is lodged, see Administrative Review Tribunal (ART) applications against Child Support decisions. |
10 |
Documenting open exchange of information discussions + Read more ... Conversations with customers about OEI must be documented in Cuba:
Note: where there is no active COA application or objection document in the Communication window. Any information the customer has advised they do not want exchanged must be documented in the window relevant to the associated process. If the customer agrees to receive correspondence electronically, document their agreement, including the correct email address. |
11 |
Information received after the decision has been made + Read more ... Information received after a decision has been made cannot be considered and must not be exchanged with the other party. If a customer or a third party provides information which relates to the process after the decision has been made:
|
Information that must not be provided to the other customer
Table 3
Item |
Description |
1 |
Privacy page + Read more ... The Privacy page contained in a COA application, COA Response, Objection or Objection response must never be sent or provided to the other customer. Additionally, a Decision Maker (DM) must never provide information from the Privacy page to either customer during conversations with the customer or in the written Decision. |
2 |
Tax file numbers + Read more ... TFNs (or their international equivalents) must not be provided to anyone (including the owner of the TFN) under any circumstance. All TFNs must be removed from documents before they are exchanged. |
3 |
Federal Circuit Court (FCC) Family Reports where disclosure is prohibited + Read more ... Family Reports from the Federal Circuit Court may contain a note that prohibits disclosure to other parties. Where such a prohibition exists details from a Family Report cannot be taken into account when making a decision nor are copies to be provided to the other party. Note: the Federal Circuit Court was formerly known as the Federal Magistrates Court of Australia. All such prohibitions should be adhered to. |
4 |
Fax numbers or location information visible on faxed documents + Read more ... If a customer or third party has faxed a document the originating fax details (fax number etc.) usually shows on the top of the received copy. Additional location information may also display, for example Post Office details. The customer has no way of editing this but it could reveal a customer's general location. These numbers and location information must be obscured completely. |
5 |
Email address visible on emailed correspondence + Read more ... The originating email address will be visible if a customer who is not eligible for an online account or a third party has emailed information to Child Support using the Services Australia Webmaster address. The originating email address must be obscured completely because the customer or third party cannot edit this. Note: customers who are eligible for a Child Support online account must register for a myGov account and/or link their Child Support online account to send documents online. Do not tell customers to send documents using the Services Australia Webmaster address as it is not secure. If a customer indicates they will use the Webmaster address, tell them it is not secure. If third parties want to send documents online, they can use webmaster but they must be told it is not secure. |
6 |
Documents received after the decision has been made + Read more ... Documents received after the decision has been made are not taken into account by the decision maker and therefore are not provided to the other party. Refer to Information received after the decision has been made. Note: these documents may be provided to the ART if either parent applies for an ART first review of the decision. |
7 |
Evidence from children + Read more ... Child Support will not consider any evidence from a child that is received directly from the child or via a parent or third party. If evidence of this type is received, tell the customer it cannot be accepted. The relevant document (or part thereof) must not be exchanged with the other customer. Detach the document from the Cuba record. See Correspondence Cuba Process Help. If only a part of a document contains children's evidence, the relevant information should be removed from the document and the edited document should be exchanged with the other customer. This edited document should be re-scanned to the Cuba record. If the customer asks for the original documents to be returned:
The only exception to this policy is if the information relates to the child’s employment. References has a link to the Child Support Guide 6.2.2. |
8 |
Non-parent carer financial information + Read more ... We are not authorised to collect or pass on financial information of a non-parent carer. If a non-parent carer provides their financial details, contact them to advise this information is not required. The relevant document (or part thereof) must not be exchanged with the other customer and the document should be detached from the Cuba record. If only a part of a document contains non-parent carer financial information, the relevant information should be removed from the document and the edited document should be exchanged with the other customer. This edited document should be re-scanned to the Cuba record. Note: if customers cannot be contacted by phone, remove any documents detailing financial information before sending a copy of the remaining information to the other parent. |
9 |
Information obtained by Child Support + Read more ... Documents from the following sources will generally not be exchanged:
Documents obtained through Child Support/ATO systems include:
There is no legislative requirement to provide a copy of these documents to the other party. However, in the interest of procedural fairness, customers must be provided with the opportunity to respond to any information which may result in findings adverse to their interests. It is also appropriate to seek a response where doing so would assist in making a better decision. The documents can be discussed verbally and it may be appropriate to exchange actual copies or edited copies of relevant documents. Document any discussions in the COA Maintenance or Objections window. Note: customers must be told that although information gathered may not have been exchanged with the other party during the COA, CTP or objections process, if the matter progresses to the ART for an ART first review relevant information will be exchanged. ‘Suspicious Matter Reports’ (SMR) from AUSTRAC must never be disclosed. This means they must not be included when making a submission - they cannot be disclosed to any court or tribunal and are not admissible as evidence. Review AUSTRAC search results to make sure they do not contain an SMR/SUSTR - these must not be recorded in the system. If a record needs to be removed, take immediate action to email National Intensive Collection Services. For information about AUSTRAC disclosure of information, see Resources. |
10 |
Information that is not part of the Part 6A Objection/COA process + Read more ... As part of a Part 6A Objection or a COA application, response or additional correspondence, a customer may also provide information for another process for example an ITD/estimate form. Any information identified as not part of the COA/Part 6A Objection process must not be open exchanged. If the document has already been uploaded onto the case in the View Correspondence window, the document needs to be split by the Electronic Document Classification Team. Electronic documents will not be 'deleted' from the records unless they are from under 18 year olds. Note: do not print, edit and fax the document to 1300 309 949 as this number is for customer use only. To ask for a document be split Able to detach the document in Cuba:
1 COA app provided and 1 Rep form provided. Doc 1 is from Page ** to page ** remaining is Doc 2. Use the Adobe reader pages when quoting page numbers to avoid any confusion.
Unable to detach the document in Cuba: If unable to ‘detach’ electronic documents, seek assistance from a Service Support Officer or Team Leader. If they cannot assist, email the Electronic Document Classification Team including:
Use the Adobe reader pages when quoting page numbers to avoid any confusion. Managing documents received by mail/fax/email For documents received directly from a customer, see Correspondence received in Child Support. |
11 |
Child Support issued letters + Read more ... Staff should not exchange a physical or electronic Child Support issued letter returned to Child Support as part of:
Letters issued by Child Support do not form part of an application or response. Do not include letters issued by Child Support as this increases the potential of breaching a person's privacy. If a customer includes personal additions to a Child Support issued letter, which may form part of their application or response, staff must contact the customer and discuss the choice to:
If a Child Support issued letter does not include personal additions:
|
Editing information - COA and Objections
Table 4
Item |
Description |
1 |
Forms or accompanying documents where text is still visible + Read more ... If text is still visible after a customer has attempted to edit or remove information on their form or accompanying documents:
Note: it is not the responsibility of Child Support to check documents to identify partially obscured text. However, if partially obscured information is noted, obscure it completely before exchanging. |
2 |
Irrelevant information + Read more ... If the information is clearly not relevant to the potential decision, contact the customer to ask they edit or remove the information. Examples of information which may be irrelevant include:
If the customer will not remove or edit the irrelevant information and exceptional circumstances exist (for example the information is highly sensitive and the release of that information may have an adverse impact on a third party), the DM may decide to remove or edit the information, with advice from Program Advice. The decision must not result in denial of procedural fairness. Note: in some instances, information provided by the customer may be potentially relevant to the consideration of the COA application or the objection, but is considered to be unnecessary in the circumstances, for example, because other evidence provided by the customer is already sufficient for the making of the decision. Information deemed as 'unnecessary' must still be exchanged. |
3 |
How to edit information + Read more ... Adobe Pro must be utilised to edit information. Documents edited using Adobe Pro must be saved using the COA Electronic File Management in Change of Assessment or the Objections Electronic File Management Edit and sanitise all documents before exchanging with the other party, including, removing:
Note: sanitize all document even if Services Australia have not redacted any information. Save a copy using the relevant procedure. |
4 |
When there are Family and Domestic Violence (FDV) sensitive issues + Read more ... Contact attempts must be made to customers before information is exchanged when:
The contact is to verify the customer:
Make 3 contact attempts on all available phone numbers over 48 hours. Is customer contact successful?
|
5 |
Redact sensitive information before it is exchanged + Read more ... Examples of sensitive information that may require redaction if checking with the customer who supplied it cannot occur Related to the customer:
|
Exchanging information - checks and requirements
Table 5
Item |
Description |
1 |
Checks required before exchanging information + Read more ... When sending information to a customer make sure:
Note: if the customer has a history of family and domestic violence, discourage them from providing any information they believe may increase the risk of family and domestic violence. |
2 |
Documents that require translation + Read more ... If a customer provides documents which require translation complete a Request for Translation (SS226A) Note: when exchanging the translated documents a copy of the original documentation must also be supplied. |
3 |
Information sent to the other party + Read more ... COA applications A copy of the customer’s application form (Application to Change your Assessment - Special Circumstances) and accompanying documents they provide will be given to the other parent who may then lodge a response. If the customer has included information or supporting documents they do not wish to be exchanged, they may elect to withdraw their application and resubmit. Note: do not send the personal and confidential information contained in the red Privacy page to the other parent. See Change of Assessment in special circumstances. Objections (general, care, part 6A) Objections to a percentage of care decision made after 1 July 2010 can be lodged over the phone. All other objections must be in writing and can be received via post, email or fax. Customers may submit their objection using the form Objecting to a Child Support decision. Child Support will discuss objections relating to percentage of care decisions with the other party. When exchanging information with customers, documents may be sent for a response or discussed verbally. Generally it will only be information that is received during the course of the objection which should be exchanged. Information received outside of the objection process (for example, information relating to the original decision) can also be exchanged, but only where failure to do so would result in a denial of procedural fairness. This would generally be limited to instances where adverse findings are likely to be made based on this information. Discuss the documents. It may be appropriate to exchange actual copies or edited copies of relevant documents. Inform the customer of the possible disclosure and to remove any information that must not be provided to the other party. Document any discussions in the relevant window. Although information gathered may not have been exchanged with the other party during the COA, CTP or objections process, relevant information will be exchanged if the matter progresses to the ART for an ART first review. Customers must be told this. For the objections processes see Child Support objections. Responses to COA applications or objections A 'right of reply' response can be provided verbally or in writing by the respondent. Forms such as the Responding to an Objection or Response to application to change your assessment - Special circumstances can be used. For an objection if any new or possibly unfavourable information which is relevant to the application is received, contact the customer to allow comment. If requested these documents will be provided to the customer to allow for a response. For a COA applicant a copy of the response and any accompanying documents must be provided to the applicant. The Contract Decision Maker Support Officer (CDM Support) must tell the CDM if the response requires editing before forwarding to the applicant. Accompanying documents Accompanying documents are those provided to support a customer's application, objection or response and must be received before the decision is made. Accompanying documents include documents provided by:
The CDM Support Officer must tell the CDM if the response requires editing before forwarding to the applicant. |
4 |
Offensive or alleged Family and Domestic Violence (FDV) content + Read more ... Do not accept:
Any COA application/objection, response or supporting documents containing material that falls within this category will be treated as not properly made. The customer will need to submit a new application/objection or response. Return all material to the customer to allow them to edit and resubmit without the offending material. When managing documentation containing potentially offensive or alleged FDV content, see:
|
5 |
Medical Information + Read more ... If a customer wants the decision maker to take into account the effects of a medical condition they must provide information about the condition. Send the customer a Request for medical information form for their practitioner to complete. Askthem to provide supporting documentation from a qualified medical practitioner that shows:
If the customer does not want their medical information provided to the other party tell them any information not exchanged cannot be used by the decision maker. If the customer is unsure what information should be included in medical certificates and/or reports tell them to discuss this with their medical practitioner. |
6 |
Information from person who are not a party to the process (third parties) + Read more ... A third party is someone who is not a party to the application. For example but not limited to:
Customers may provide various types of information from third parties to substantiate their claim. Examples of such information may include:
If information from a third party relates to the applicant, respondent, or the children of the case, it is implied the customer has obtained the third party’s consent for it to be used in our decision. If a third party provides information directly to Child Support on behalf of a customer, contact the customer to:
If the customer wants to view or edit the information or the Service Officer is unable to contact the third party, send it to the customer. Any information provided by a third party on behalf of a customer (this does not include information obtained by Child Support) must be forwarded or discussed with the other customer if it is to be used in the decision making process. |
7 |
Consent from third parties + Read more ... If information from third parties includes references to other persons who are not parties in the case, obtain consent before the information is used. For example:
Generally, consent from third parties should be obtained by the customer, however, if contact with a third party is required to obtain consent, discuss the following:
Document the discussion including whether the third party consented to the information they provided being made available to the relevant parties. See Documenting Child Support information. |
8 |
Exchange of information post decision + Read more ... The open exchange of information process ends after:
This means information that would usually be exchanged between the parents during the process can no longer occur. If a customer asks for a copy of:
|
9 |
Return of documents + Read more ... Once mail is received by the agency it becomes property of the Commonwealth and therefore there is no requirement to return the documents. Documents can be copied and sent back to the customer through administrative access arrangements. See Administrative release. If the original document was received via Post and is of significant importance to the customer, for example original birth certificate or original marriage certificate, escalate the request to a Team Leader. The Team Leader will contact the Melbourne Electronic Document Classification Team Leader to discuss if it is possible to return the correspondence as it may no longer be available. |
Open exchange of information (OEI) and Administrative Review Tribunal (ART) first reviews
Table 6
Item |
Description |
1 |
Customer is lodging a review application with the ART + Read more ... If the customer is lodging an ART first review application with the ART, explain the other party will receive a copy of the entire file sent to the Tribunal. This will include any information relevant to the decision under review, including Cuba screen shots and notepads. Customers must be told the other party will receive documentation relating to their conversations with officers and other potentially sensitive information. However, the agency will remove personal information from the file including non-parent carer income information and details of other cases. Also, in certain circumstances it may be asked that information of a sensitive nature not be disclosed. For information about the legislative requirements between Child Support and ART, including the procedure when an application for an ART first review is lodged and the information that can be edited from the ART first review file, see Administrative Review Tribunal (ART) applications against Child Support decisions. |