Garnishee customer does not agree with decision 107-05050080

All garnishee decisions can be reviewed at the request of a customer.

The garnishee decision must be explained at first point of contact. Do not remove a garnishee because a customer disagrees with it. If the garnishee decision is correct, it needs to remain in place. Staff should advise the customer of their review and appeal rights.

Ensure correct garnishee application by checking:

• previous payment arrangements
• broken arrangements
• any relevant details recorded on an online DOC
• Archive Culling Engine (ACE) for relevant debt documents and details of manual and automatic letters

Advise the customer of warning letters sent when explaining the decision.

Tax refunds can be used to recover any Family Tax Benefit (FTB) debt. They can also be used to recover Child Care debts determined on or after 1 July 2006. Recovery from FTB top-up payments and tax refunds occur automatically regardless of whether there is a payment arrangement in place. See Debt offsetting during family assistance reassessment, reconciliation and claim processing.

If the customer requests a refund of a garnishee, we must assess whether the garnishee was applied correctly. Refunds of a garnishee should be undertaken as part of a review of the decision, taking into account additional information provided by the customer.

Review of garnishee decision

If the customer disagrees with a garnishee decision and would like a full or partial refund of the garnishee amount, they can request a review. In addition, the agency can conduct a Secretary initiated review of the garnishee decision.

The customer can choose to provide new information to support the review.

Debt Staff should undertake the review and explain the reason for the recovery action to the customer. Where applicable, staff will process any reviews as a result of the extra information provided. Customers must be advised of the review outcome through a Q053 Recovery decision letter, outlining the decision and the customer's internal review rights.