Child Support authorised agent 104-17082201

An individual or an organisation can represent a parent or carer as their authorised agent. Once satisfied that the representative has been legally authorised, Child Support will accept whoever has appropriate authorisation and will deal with them as requested.

In some circumstances, Child Support will refuse to deal with a representative and will recommend that the parent or carer choose someone else to assist them with their child support matters if the customer is capable of doing so. When dealing with an organisation, Child Support may request that an individual contact person be nominated.

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

An individual can represent a parent or carer as their authorised agent. Common examples include a relative with power of attorney or a guardianship order or a lawyer who has been made an administrator. For example, a parent or carer may appoint a person to be their power of attorney if they are physically unable to manage their own affairs because they are hospitalised. A parent or carer may have several authorised agents who may or may not need to agree on decisions, or who manage different aspects of the parent or carer's affairs. It is important that the department have a clear understanding of the extent of a person's authority to act on behalf of a child support parent or carer.

An organisation can represent a parent or carer as their authorised agent. Child Support will treat any member of that organisation as a representative of the parent or carer. A common example is the Public Trustee.

A person who is an authorised agent can receive and provide information on behalf of the parent or carer and conduct all of the parent or carer's business with Child Support on their behalf. While they may confer with the child support parent or carer, they may not be legally required to unless specified in the document that provides the authority. An authorised agent acts in the shoes of the child support parent or carer and can do anything that the parent or carer could lawfully do themselves. This means an authorised agent can make legally binding decisions on the parent or carer's behalf.

A representative who is an authorised agent can provide information on behalf of the parent or carer. They can also provide forms and applications which have been completed by the parent or carer or by the agent for the parent or carer.

A representative who is an authorised agent can request any information that could be given to the parent or carer they represent. This includes anything about the child support case that appears on letters to the parent or carer, such as any information in an assessment notice. An authorised agent can also request copies of any letters that have been sent to the parent or carer, including Change of Assessment (COA) and Objection decision letters.

An authorised agent can request access to information about the parent or carer they represent under administrative release. See Customer requests access to their personal information for further information.

Even if there are no specific limitations set by the parent or carer, there are some things an authorised agent cannot do. The laws governing power of attorney, guardianship and administration may differ between states/territories.

For Child Support purposes, an authorised agent is generally permitted to do anything the parent or carer could do for themselves. Similarly, they cannot do anything the parent or carer could not do themselves, such as requesting information about the employer of the other parent. The agent cannot claim to be the person they represent and must always identify themselves as the person’s authorised agent in their dealings with Child Support. For example, they:

• cannot get a myGov linking code as though they are the parent or carer
• cannot sign the parent or carer’s name on documents, and
• cannot access the parent or carer’s Child Support online account

The child support legislation prohibits a parent or carer from being represented in the COA process. However, a person appointed in an administration order to manage the financial affairs of a child support parent or carer can act as if they are the parent or carer. Also, a person who holds an enduring power of attorney may participate in the COA process if they are doing so because the child support parent or carer is incapable of making decisions because of a medical condition.

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

The legal document providing authority for the agent to act on behalf of the parent or carer will set out the extent of that authority and any specific limitations. For example, an agent may only be authorised to deal with a parent or carer's financial affairs (which covers child support matters), but not their personal affairs (such as whether the parent or carer works or the kind of work they do).

Sometimes an agent will only be authorised to deal with particular issues or for a particular period, in which case the agent is only authorised for those issues or for that period. Sometimes a parent or carer will have multiple agents and there will be limitations regarding how decisions are to be made. For example, any individual agent may be authorised to make a decision, or they may need to all agree on a decision before it is authorised, or they may need majority agreement before a certain decision can be made.

The written authority should specify any limitations. Service Officers should clearly document any limitations specified when recording the written authority in Cuba. Whenever dealing with a representative, Service Officers should check the documentation to make sure they understand any limits before disclosing information or taking any action.

A person who proposes to act as an authorised agent must provide the department with an original or a certified copy of any relevant legal document which indicates the role they claim to have. For example:

• power of attorney
• financial management order
• administrative order

The documentation provided by the parent or carer or their agent will need to contain sufficient information to:

• identify the parent or carer
• identify the agent
• be signed and dated by the parent or carer and the agent or in the case of an order, include a copy of a sealed order
• specify the extent to which the agent is authorised to deal with the parent or carer's child support affairs
• specify the period for which the agent is authorised to deal with the parent or carer's child support affairs

Note: written authorisation is not required from Members of Parliament or Senators, the Commonwealth Ombudsman, the Office of the Australian Information Commissioner or their respective staff members. See Authenticating a Child Support customer.

A power of attorney can be general or enduring. The specific power of attorney rules vary depending upon the State or Territory in which the power of attorney is issued. When in doubt, seek assistance from a Service Support Officer.

General power of attorney

A general power of attorney is normally used when a person requires someone to handle their financial affairs while they are absent, for example, travelling overseas.

A general power of attorney commences at the time specified in the document, or where no time is specified, when the document is signed.

A general power of attorney ends when the:

• termination date occurs, if the document indicates a termination date
• parent or carer revokes the document
• parent or carer loses the capacity to manage their own affairs, or
• parent or carer dies

Enduring power of attorney

An enduring power of attorney can be used if a parent or carer is incapable of making their own decisions. It sets clear guidelines and limitations that must be followed by the person acting on the parent or carer's behalf. An enduring power of attorney can cover personal, health and financial matters.

An enduring power of attorney commences:

• at the time specified in the document or when no date or occasion is specified in the document, upon receipt of the power of attorney, or
• immediately upon the parent or carer becoming incapable of making the necessary decisions

An enduring power of attorney terminates when the parent or carer:

• dies, or
• revokes it

Note: the rules for an enduring power of attorney are not the same in all states and territories. Seek assistance from a Service Support Officer if necessary.

• A person may be appointed by a court or tribunal to make decisions for another person if that person is incapable of making decisions for themselves. The authorised agent may be given full or limited powers and the extent of the power will be set out in the order. The specific rules vary depending upon the State or Territory in which the order is issued
• A guardianship or plenary order usually deals with the authority to make personal and lifestyle decisions, such as medical decisions or decisions about where the person lives. These would not commonly extend to child support matters
• An administration or financial management order usually deals with the authority to make financial and legal decisions, such as paying for the person’s living expenses and deciding how to invest the person’s money. These would commonly extend to child support matters
• If no restrictions are specified, an order that provides for decisions relating to the person’s estate or their financial affairs will be considered to cover their child support matters

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

Once a completed written authority has been received from a parent or carer, check:

• if there is a representative already recorded for the customer
• if the representative is an individual or organisation
• if a record for the representative already exists. If not, see Create a new customer record Cuba Process Help
• for special instructions (for example, correspondence to be sent to the representative) or limits to the parent or carer authority

After checking the above information, record the representative details, see Record a customer representative Cuba Process Help.

When a person contacts Child Support claiming to be a parent or carer's agent, before disclosing any information, check and confirm:

• the individual's or organisation's identity
• whether that person is in fact a current authorised agent of the parent or carer
• the extent of their authority

See Authenticating a Child Support customer and Record a customer representative Cuba Process help.

If a person is an agent of multiple people they must make separate calls for each parent or carer's enquiry. This is to protect the privacy of each person by ensuring the call recording system correctly records and assigns recordings.