Child Support representative with ordinary authority 104-17082200

Parents and carers can choose either an individual or an organisation to be their representative. Once satisfied that the representative has been authorised, Child Support will usually accept whomever they have chosen and deal with them as requested.

Examples of representatives who can be authorised to make queries, provide information and lodge documentation on child support matters:

• a customer's solicitor
• partner
• friend, or
• other third party, including:
• an organisation, or
• specific position within an organisation

In some circumstances, Child Support will refuse to deal with a representative. Child Support will recommend that the customer choose someone else to assist them with their child support matters.

For information about the circumstances in which Child Support will refuse to deal with a representative, References has a link to the Child Support Guide 6.3.6: Customer's authorised representatives.

Customer chooses their partner as their representative

If the customer and the partner separate, ask the customer if they want to keep that ex-partner as their representative.

If they cannot be contacted as part of the registration process, remove the representative until the customer can make an informed decision.

A customer can choose any individual over 18 years of age to be their representative. Common examples include a current partner or a lawyer.

Child Support recommends customers do not choose as their representative:

• their child, even if that child is now over the age of 18
• the other parent in their child support case

If a customer insists on choosing a representative against our recommendation, explain what this means. They need to make an informed decision. Ensure they understand what a representative can do.

Tell them if they choose the other parent in their case, that person will be able to call Child Support at any time and find out any information Child Support would tell the customer themselves, such as:

• exactly what incomes Child Support is using and how they were calculated
• exactly what conversations led to a particular decision being made
• anything they told Child Support and was recorded in the system

Explain how this is different to information Child Support usually provides to the other parent. For example, through specific open exchange of information.

A customer can choose an organisation to be their representative. If they do this, Child Support will:

• treat any member of that organisation as a representative, or
• request that an individual contact in the organisation be nominated

Common examples include Legal Aid or private debt management services.

A representative with ordinary authority can provide information on behalf of the customer. They can also provide forms and applications, which have been completed by the customer.

A representative with ordinary authority can lodge a care change. Care changes are not an application.

If the customer provides authority for all child support matters (or equivalent wording), the representative is able to:

• change the customer’s contact details
• provide information:
• in relation to an objection
• concerning relevant dependent children
• make enquiries regarding:
• pending or missed payments
• penalties, the debt amount of recovery action including making payment arrangements on behalf of the customer
• request:
• account statements
• notices of assessment
• decisions letters
• provide or seek information regarding a change in the percentage of care

A representative is able to provide information in relation to the parent’s care arrangements. Services Australia will use this information, where relevant in determining a new care arrangement.

Before providing any information to the representative in subsequent calls, check the terms of the authority.

A representative with ordinary authority can request any information that could be given to the person they represent. This includes anything about the child support case that appears on letters to the customer. For example, any information in an assessment notice.

A representative can also request copies of any letters sent to the customer. This includes Change of Assessment (COA) and Objection decision letters.

A representative can request access to information about the customer they represent under administrative release. For more information, see Customer requests access to their personal information.

Even if there are no specific limitations set by the customer, there are some things a representative with ordinary authority cannot do.

• A representative cannot claim to be the person they represent. They must always identify themselves as the person’s representative in their dealings with Services Australia. For example they:
• cannot get a myGov linking code as though they are the customer
• cannot sign the customer’s name on documents, and
• cannot access the customer’s Child Support online account
• A representative with ordinary authority cannot make applications or elections on behalf of the customer.
  An authorised representative cannot:
• lodge an estimate of income or an objection, or
• elect to have a payer’s excess cash either refunded or gifted to the payee
• A representative can give forms signed by the customer to the agency. They can provide information to support a customer's application or election
• The child support legislation prohibits a customer from being represented in the COA process, or by extension the COA objection process. An authorised representative:
• can provide information to a Part 6A (COA) decision maker, or a decision maker determining an objection to a COA
• cannot advocate for the customer and cannot discuss the application or COA objection in any way
• A representative can be given:
• general information about the COA or COA objection process, and
• specific information about COA or COA objection decisions that have been finalised

For more information about representatives and the COA process, References has a link to the Child Support Guide 2.6.5 Change of Assessment Process - Application from Payer or Payee.

If the written or verbal authority allows the representative to make a payment arrangement on behalf of the customer, the agency will not do so if enforcement action has commenced or is intended.

The agency will not enter in a payment arrangement with a representative where:

• a Departure Prohibition Order (DPO) is in force or where litigation action is in progress
• recovery action is being taken without negotiation with the payer. For example, EW/EWA or section 72A garnishee action. Take into account the merits of accepting or not accepting the arrangement from a representative on a case by case basis
• recovery actions such as automatic TRIPs, Centrelink deduction and EW/EWA or garnishee at the request of the customer will not usually stop a payment arrangement from being made with the customer’s representative

References has a link to the Child Support Guide 6.3.6 for further information on the extent of a person’s authority to act.

A customer may authorise their representative to deal only with specific issues. The representative can only deal with those issues.

Alternatively, a customer may only authorise their representative to deal with their child support matters for a particular period. In these cases, the representative is only authorised for that period.

Example

A customer may authorise their tax agent to be their representative so that they can enquire about issues relating to their tax refund. The tax agent is not authorised to enquire about unrelated matters such as care arrangements.

Limitations exist if specified in either the verbal or the written authority provided by the customer.

Document any limitations given by the customer when recording the authority.

When dealing with a representative, check the documentation to make sure they understand any limits before disclosing information or taking any action.

If a customer wants to authorise a representative to speak to Services Australia about their child support case, they can:

• provide verbal authorisation, or
• submit a written authority

Note: it is no longer a requirement for a customer to provide a written authority for a person or organisation to be their representative on an ongoing basis. Verbal authority is sufficient.

If a customer wishes another person or organisation to act as their authorised representative ongoing, they must provide authority to the agency. They can:

• provide verbal authority, or
• complete a Child Support Representative Authority Form. Resources has a link, or
• provide the relevant information in a letter of authorisation or other document. They must specify that an individual or organisation is a person’s child support representative

When accepting a verbal authority:

• complete all proof of identity checks with the customer
• the customer must provide the name and contact details of their representative. If the representative is an individual (not an organisation) ask for the representatives Date of Birth
• ask the customer:
• if the authority is being given for a specified period, or on an ongoing and indefinite basis
• if the authority relates only to a specific issue (for example, a care decision, or an objection)
• if there is any information the customer does not want discussed with their representative
• where the representative is employed by an organisation (such as a legal firm for example), whether the authority extends to other people from that organisation (such as other solicitors within that legal firm)
• if applicable, if the customer wants their representative to be able to make payment arrangements for any debt the customer owes
• if the customer wants their representative to be able to change the customer’s contact details

Document the verbal authority in the Individual Customer Details window.

A written authority must:

• identify the customer and the representative
• be signed and dated by the customer and the representative
• contain sufficient information to identify the representative

The written authority may specify the:

• period the customer authorises the representative to deal with their child support affairs. If it does not, the authority is ongoing until ended by the agency or the customer
• extent the customer authorises the representative to deal with their child support affairs.
• If the written authority specifies they represent the customer 'for all child support matters' or equivalent wording, this authorises them to:
  Change the customer's contact details, including password, and/or
  make payment arrangements on behalf of the customer where appropriate and taking into account the Payment Arrangements - Guidance in previous table
• If the written authority is not sufficiently broad or does not permit them to change the customer's contact details or password:
  Any new contact details or password they provide must be investigated and verified. This is to ensure customer records are accurate.
  Any updates to the customer's details following an investigation and verification must meet the guidelines in Customer location (Tracing). The advice from the representative is an independent source for this purpose

The third parties listed below have implied authority and are not required to provide authorisation:

• Senators and Members of Parliament - both Federal and State
• the Commonwealth Ombudsman, and
• the Office of the Australian Information Commissioner or their respective staff members

For more information about managing these authorities, see Authenticating a Child Support customer.

If a representative has been appointed because the customer is deceased, see Deceased Child Support customer management.

When the customer’s authority is received, check if:

• there is a representative already recorded for the customer
• the representative is an individual or organisation
• a record for another representative already exists, go to Step 6
• there are special instructions or limits to the customer authority. For example, correspondence to be sent to the representative

Record the representative details, see Customer representative Cuba Process Help.

Contact the customer to confirm their intention.

Is the second representative to replace the first?

• Yes, the Representative window can only have one representative recorded at a time. To delete the current representative and add a new one, see Customer representative Cuba Processing Help
• No, they intend to have 2 representatives, see Create a new customer record Cuba Process Help. If the customer wants to have 2 representatives, record special contact using free text under ‘Other’ in the Client Profile window

An individual or person representing an organisation contacts Child Support claiming to be a customer's representative.

Before disclosing any information, check and confirm:

• the individual or organisation's identity
• the individual or organisation is a current authorised representative for the customer
• the extent of the authority for the representative

See Authenticating a Child Support customer and Customer representative Cuba Process Help.

If an individual or organisation is a representative of multiple people, separate calls for each customer's enquiry are required.

This protects the privacy of each person by ensuring the call recording system correctly records and assigns recordings.