Internal review process for care decisions 109-05110000

When family assistance is received for a child who is also included in a child support assessment, both Centrelink and Child Support use the same care decision for their assessments.

Therefore, when Centrelink makes a care decision that affects a Child Support customer, the customer should be encouraged to contact Child Support to discuss any effects the care decision will have on their child support assessment.

If a customer does not understand the reason/s for a decision, they can request an explanation of the decision. A Subject Matter Expert (SME) will provide the explanation.

If a customer does not agree with a decision, they can apply for a formal review of the decision. An Authorised Review Officer (ARO) will complete the formal review, and only if the customer applies for a formal review.

A customer does not have to request an explanation before applying for a formal review of a decision. They can apply for a formal review at any time after a decision is made.

See Initial contact about a decision and the review of decision process.

If a customer requests an explanation of a care decision made by:

• Child Support, advise them that Child Support would be the most appropriate program to discuss the decision. These customers can be transferred to Child Support with an introduction
• Centrelink, or the impact of a care decision made by Child Support on their family assistance, Centrelink should provide the explanation

If the customer has already requested a review of the care decision by either Centrelink or Child Support:

• discuss the decision with the customer
• do not record and refer to a SME a request for an explanation
• advise the customer of the review process including timeliness standards, and that a detailed explanation of the decision will be provided as part of the review

A SME may undertake a reassessment (Secretary initiated review) as a part of the explanation process. However, a Secretary initiated review of a decision cannot be undertaken if the customer has applied for a formal review of the decision.

Centrelink uses the term 'formal review' (apply for a formal review) and Child Support uses the term 'objection' (lodge an objection). Both mean that the customer wants to have a care decision reviewed.

Note: A SME cannot undertake a review requested by the customer.

A customer who has their family assistance or child support assessment affected by a care decision can request a review of the care decision. The customer can contact Centrelink or Child Support to request a review, even if they are not a customer of the program they requested the review from. When a care decision has no effect under family assistance law (none of the parties are claiming or receiving family assistance), only Child Support may review the care decision.

If a customer contacts Centrelink to request a review of a Child Support care decision, and Child Support has not already reviewed the decision, suggest to the customer that Child Support would be the most appropriate program to complete the review as they made the original decision. However, if there is an effect on family assistance for at least one party, and the customer wants the review to be completed by Centrelink, Centrelink will conduct the review.

If both Centrelink and Child Support are asked to review a care decision, the review request that was lodged first must be finalised first. It is important that any request for review is recorded straight away.

If a customer contacts Centrelink after Child Support finalises a review of a care decision, a Centrelink Authorised Review Officer (ARO) may review the care decision but cannot change the care percentage decided by the Child Support Objections Officer. See Jurisdiction below.

The customer may request a review of the care decision at any time. This includes when they have requested an explanation that is not finalised.

If the customer requests an explanation of a care decision that has been reviewed by an Objections Officer, a SME can provide an explanation but cannot change the care percentage determined by the Objections Officer.

An ARO can undertake a formal review of a care decision that has already been reviewed by an Objections Officer. However, an ARO cannot change the care percentage determined by the Objections Officer.

Similarly, an Objections Officer can undertake a review of a care decision that has already been reviewed by an ARO. However, the Objections Officer cannot change the care percentage determined by the ARO, or the SME if the care percentage is changed as a result of a reassessment (Secretary initiated review) as part of a SME explanation.

For example, an Objections Officer has completed a review of a care decision and an ARO is also reviewing the decision. The ARO can review a change in the rate of family assistance, the date of effect and any debt, but they must apply the care percentage decided by the Objections Officer.

It is important to make sure:

• the customer understands the difference between an explanation of the decision and a formal review of the decision. This is because the customer’s child support assessment, including their further right to review, may be impacted differently if the decision is changed by the SME or the ARO
• the impact of any change to a care decision on a customer’s child support assessment and their review rights are determined by the timeframe from the original care decision date, and either the date:
• the SME makes a Secretary initiated review decision, or
• the customer applies for a formal review

An explanation of a care decision may result in a reassessment (Secretary initiated review). However, an explanation is not a formal review. A customer can apply for a formal review of the decision without requesting an explanation, or at any time after requesting an explanation of the decision.

If there is sufficient reason, a SME may undertake a reassessment to change the care decision (Secretary initiated review) as part of providing an explanation. For example, a SME may:

• correct an error in the recording of a care decision (the decision was made correctly but applied incorrectly), or
• change the actual care decision (the decision was incorrect)

A change to the care decision following a Secretary initiated review will affect a child support assessment differently from a change following a formal review of the decision. Before undertaking a Secretary initiated review, ensure the customer is aware of the possible impact on their child support assessment.

If the customer does not agree with the original decision and would like new information considered, confirm if they actually want to apply for a formal review of the decision.

Secretary initiated review

A Secretary initiated review of a care decision will change the child support assessment from:

• the date of the original care decision, if the Secretary initiated review decision was made within 28 days of the customer being notified of the original decision
• the date the Secretary initiated review decision was made, if it was made more than 28 days after the customer was notified of the original decision

A Secretary initiated review decision cannot change a child support assessment from a date earlier than the decision was made, even in special circumstances.

Customer initiated review

A customer initiated review (a formal review by an ARO) of a care decision will change the child support assessment from:

• the date of the original care decision, if the application for a formal review was made within 28 days of the customer being notified of the original decision or if special circumstances apply
• the date the customer applied for a formal review, if the application was made more than 28 days after they were notified of the original decision

The date of effect applied to a child support assessment following a formal review of a decision may be backdated due to special circumstances. The customer must contact Child Support if they would like the special circumstances considered.

If the care decision is changed as a result of a Secretary initiated review, there is no right for an affected person to request a review of the date of effect of the decision on their child support assessment.

The customer or another carer can apply for a formal review of a care decision made by a SME as a result of a Secretary initiated review. The date of effect of a child support assessment following a formal review cannot be backdated to a date earlier than the date of effect determined by the Secretary initiated review.

The customer or another carer can apply to the AAT for a review of a decision made as the result of a formal review or an objection.