Manage and process a change of assessment (COA) application 277-03120020

Check if the customer is managed by the following specialist areas:

• Personalised Services (PS)
• Parent Support Team (PST)
• Solutions Gateway Team (SGT)

Contact the Services Officer in the specialised team to discuss:

• any established communication arrangements
• the status of other issues on the case that might impact on the COA application. E.g., privacy breaches, compensation claims, complaints, freedom of information investigations, escalations and third party involvement
• if the customer is managed by Personalised Services, see the Personalised Services Mandate prior to any customer contact

Capacity to Pay (CTP)

If a CTP investigation is in progress, the customer is locked to a CTP Officer. If the customer lodges a subsequent COA application, contact the CTP Officer to discuss how to proceed.

Other specialised business area

Contact the Service Officer to agree on a collaborative approach to address the customer's issues. Other specialised business areas include Litigation, Non-compliance and International. Go to Customer Management Approach (CMA) > managing multiple issues - a collaborative approach.

Document the agreed approach and any issues needing to be addressed in the COA Maintenance notepad.

Load the application for allocation and delete the COA Application Received intray.

If there is a provisional notice of assessment (PNA), pend a modification to stop:

• a notional assessment issuing
• any adverse outcomes for family tax benefit (FTB) customers during the COA application process

If a Service Officer identifies a COA application in customer correspondence which is not routed to the correct position, see Table 5 in Change of assessment enquiries.

Note: Service Officers must not load the COA application onto Cuba.

On allocation, DMs need to:

• assign the case by selecting International COA as the COA site
• lock the customer, unless there are multiple specialised issues – CDMs only
• make sure the COA Application in Progress, COA Initial Contact Required and any associated COA intrays have routed correctly their intray position

The COA application is eligible if:

• there is an Australian child support assessment in force. The COA application must be received before the assessment ends for the child/ren on the case
• it relates solely to a period more than 18 months before the application and a court order grants leave to consider that period
• it is not seeking a reduction from a minimum assessment, unless the payer has at least regular care
• the assessment is not varied by a court order or agreement that limits the ability to apply for COA, or
• it contains no obscene, offensive or FDV content, see Open exchange of information for Child Support customers

Suspended cases where the customers have reconciled

A customer cannot make a COA application when an assessment is suspended due to reconciliation. This is because the assessment is not ‘in force’. If the suspension ends before 6 months has passed because the customers separate again:

• the assessment is again ‘in force’, and
• they can lodge a COA application

Decisions that span a suspension period can be made. Any departure spanning that period could only affect days in the Child Support period where the customers have an assessment. E.g. if a rate was varied, it would only apply to the relevant days before and after the suspension.

Is the COA eligible?

• Yes, go to Step 2
• No, go to Table 9

If a COA application contains obscene, offensive or FDV content, DMs must contact the COA and Part 6A PSM before making a decision about whether the application is to be treated as properly made.

DMs must email the COA and Part 6A PSM:

• Subject heading: COA possible offensive content
• Email body: use the Potentially inadmissible family and domestic violence (FDV) content escalation template

PSM decision

Document the decision, citing the PSM’s feedback in a new notepad in the COA Maintenance window

Has the PSM advised the application is not properly made due to offensive or FDV content?

• Yes, go to Table 9, Step 2
• No, go to Step 3

The COA application is complete if the applicant:

• used the COA form
• identified a reason
• has a case
• signed everywhere a signature is needed. Electronic signatures can be accepted if:
• the customer uploaded the application via their Child Support online account or the Express Plus Mobile app
  Note: do not advise customers eligible for a Child Support online account to use the Services Australia Webmaster email address. They must link their Child Support online account to myGov. They can use the document upload function in their online account because Webmaster is not a secure channel
• the applicant or respondents has typed or handwritten their name in the signature box
• included any financial information in any section of the form or accompanying documents about themselves
  A non-parent carer does not have to give their financial details

Is the COA complete?

• Yes, go to Step 4
• No, go to Table 9

Review the supporting documentation to:

• identify the COA reason(s) the customer has applied for
• make sure there is sufficient evidence supporting the application. The References page has a link to the Child Support Guide 2.6.2: What are the reasons for a change of assessment?
• determine if the applicant may have:
• left out a reason they have supplied evidence for, or
• provided information indicating, another reason might apply
  Note: either customer can introduce different reason at any time before making the decision
• identify any sensitive issues, such as family and domestic violence or mental health, before exchanging information

Immediately escalate any written correspondence containing threats of harm, implied or overt to the designated Team Leader. See Contact with Child Support customers.

Potentially fraudulent evidence

Where there is evidence, or the other parent alleges, the information may have been tampered with or is fraudulent:

• document the identified issues for discussion with the customer
• give the customer the opportunity to supply more evidence, or to correct the previously provided evidence
• exclude the evidence if it cannot be verified

If the evidence is critical to the decision, it may not be possible to establish a reason to change the assessment. This may lead to a refusal.

See Report Suspected Fraud and Corruption.

Identified unlawful evidence

Where there is evidence, or the other parent alleges that supporting information has potentially been obtained unlawfully, refer the matter to the COA and Part 6A PSM.

• Evidence identified as being unlawfully obtained before Open Exchange occurred:
• return the evidence to the person who gave it with an explanation that it cannot be used in the process
• detach the evidence from the Cuba record, as it will not be used in the decision. The information is not given to AAT if there is an appeal
• Information identified as being unlawfully obtained after Open Exchange has occurred or it has been considered by the decision-maker:
• explain to both customers the information is not being used in making the decision if identified before making the decison
• if identified after the decision is made, the customer can lodge an objection. It will not form part of the objection considerations
• keep a record that the information was in Child Support’s possession. Child Support will give the information to the AAT if there is an appeal

Is the COA application from a non-parent carer?

• Yes, go to Step 5
• No, go to Step 6

A non-parent carer must apply for child support against both parents unless special circumstances exists. For special circumstances, see the Child Support Guide 2.1.1: Application for assessment, a link is on the References page.

On Cuba the non-parent carer has 2 cases, but legally there is only one. As there is one legal case, only one COA application is needed.

• Both parents and the non-parent carer are parties to the COA application regardless of the reason/s for the application
• An application lodged requesting a change to one parent’s income, will involve all parties being participants in the COA process. Both parents are invited to respond to the application

E.g. grandma lodges a COA application under Reason 8A naming mum. Grandma is the applicant and both mum and dad will be respondents.

Delete the system generated letters and send one of the following unique letters to all parties when exchanging information:

• UQ190.05 Non-customer carer case – Confirming application received – Applicant
• UQ190.06 Non- customer carer case – Applicant or response received – Respondent

A link to the letter is on the Resources page.

Step-parent cases

A customer may be both a non-parent carer and a parent. E.g. a step-parent and a biological parent. This means, there is one legal case against the:

• other biological parent for their natural child
• biological parent/s for their step-child

On Cuba, one case number can have 2 legal cases, one for their natural child and one for their step-child with the same parent.

As there are 2 legal cases, the applicant needs to fill in 2 COA applications. This is because 2 formulates are used to calculate the assessment, one for the natural and another for the step-child.

Assess whether an administrative remedy, or partial administrative remedy, may be more appropriate. Administrative remedies must always be the first preference as they give flexibility. Go to Table 1, Step 6 in Change of assessment enquiries and return to this step.

Document any issues needing more action in the COA Maintenance notepad.

Agreements

Consider whether a child support agreement is a more appropriate option. See Finalising a change of assessment (COA) application if:

• a proposed child support agreement has been identified, or
• the customers are willing to enter into a child support agreement

Registrar initiated COA

Consider information gathered during the Capacity To Pay process. Do not make a decision without considering information from the Financial Investigator who prepared the file. This is because the Financial Investigator assesses administrative remedies as part of the CTP process. Contact the Financial Investigator to clarify if needed.

• Open the Communication window. Read the COA Initial Discussion macro document from the Service Officer. Clarify the COA information they discussed with the customer. See Change of assessment enquiries
• Document any issues that have been referred for action in the COA Maintenance notepad

The absence of a COA Initial Discussion macro document may indicate the COA discussion has not occurred. Include these discussion points when contacting the customer.

Note: if the COA Initial Discussion macro was not used by the Service Officer, use the staff feedback tool to give feedback.

DM must decide to progress or refuse the COA application.

Check the COA Maintenance window for previous or in progress:

• COA decisions
• COA application refusals
• Objection decisions or existing COA (Part 6A) objections
• AAT (or SSAT before 1 July 2015) decisions or existing AAT COA reviews, and
• Court orders that provide a departure from the assessment

A previously made COA decision that varied a PNA does not have any effect on the administrative assessment. Therefore is not considered a previous decision.

A COA application does not need to include new information or circumstances unless the previous application was refused as ‘no reason was established’. In all other cases, considered the application as usual if it is complete and eligible.

• If the customer’s record shows:
• a Part 6A Objection or AAT COA Review, go to Step 2
• a section 112 application is in progress seeking leave of the court, go to Step 3
• In all other instances, go to Step 6

Check the Objection Maintenance window on the case:

• for previous Part 6A objection, AAT COA review or AAT appeal to court, or
• if there are any in progress

Previous Part 6A objection, AAT COA review or departure order

Generally, a new COA application should not change an AAT or court decision for the same period. However, if there are new circumstances or information, consider a new COA application.

In progress Part 6A objection, AAT COA review or AAT appeal to court

• The customer may be able to withdraw their COA application and raise the reasons and evidence with the existing objection/AAT review
• Contact the relevant Part 6A Objections Officer to discuss if the customer can include the reasons and information in their new COA application in the ongoing objections
• Pend the application in the COA Maintenance window to await the objections/AAT first review/court decision. Do not add User ID, route the application to:
• COA Site: INTERNATIONAL COA
• Officer: PENDING OBJ SSAT
• Route the COA intrays to:
• Region: NEW SOUTH WALES
• Office: SYDNEY OFFICE
• Stream/Team: SP SCA2 CDM SUPPORT TM
• Position: A – PENDING OBJ SSAT

When the objection/AAT first review/court proceedings are finalised, the COA will be reallocated. Contact the customer to determine if they still wish to proceed with the application.

Go to Step 6.

A customer may seek the leave of a court for consideration of a period greater than 18 months and less than 7 years before the date of the COA application. The court can either:

• grant leave for the Registrar to make a determination, or
• make a departure order under section 118 for that period

The customer needs to give a copy of their application to the agency.

If there is a section 112 application in progress and the children’s assessment is:

• due to end in the near future:
• pend the COA application to await the outcome of the court decision, or
• ask the customer if they want to withdraw the COA application if they are asking the court to make a departure order under section 118. If the court declines to make a departure order buts grants leave for the Registrar to make a determination, the customer cannot resubmit their COA application once the children’s assessment has ended
• leave the COA ‘pended’ until the customer knows if the court is prepared to make a departure
• not due to end in the near future:
• establish if the customer wants to withdraw the COA application pending the outcome of their court application and then re-lodge for both the past and future periods at that time

Does the customer want to withdraw their COA application?

• Yes, go to Table 11
• No, go to Step 4

Explain that periods greater than 18 months before the COA application cannot be considered until the section 112 order is obtained

Does the COA application relate to a period less than 18 months?

• Yes, proceed as a complete and eligible COA application. Go to Step 6
• No, pend the application in the COA Maintenance window to await the section 112 court decision, the customers remain unlocked. Route the COA intrays to:
• Region: NEW SOUTH WALES
• Office: SYDNEY OFFICE
• Stream/Team: SP SCA2 CDM SUPPORT TM
• Position: A – PENDING OBJ SSAT

Once the court proceedings are finalised, the COA will be reallocated to a DM.

Was a section 112 order granted?

• Yes, progress the COA application. Go to Table 1
• No, if the COA application:
• was wholly for a period more than 18 months before the application, it is ineligible. Go to Table 8, Step 4
• is for a period that includes a period within 18 months, then a determination can be made for that partial period. Go to Table 2

Review the case to establish if there is an existing decision in place.

Check the application and supporting documentation.

Are the special circumstance from the existing decision still present?

• Yes, go to Step 7
• No, amending the assessment under section 75 may be more appropriate, go to Table 10

If the application is not for a previously considered period, go to Step 8.

Previous COA application refused

Check if it was refused because:

• no reason was established, or
• it was not just and equitable to make a decision

Compare the previous application and evidence against the new application and evidence. Refuse the new COA application if there is no new information or changes to the customers circumstances. Go to Step 12

Previous COA decision resulted in a change to the assessment

Review the new application as normal if it is complete and eligible. Make a new decision based on the new information. This may result in a different outcome to the previous decision.

Note: if the applicant is dissatisfied with a previous decision they may have the option to object. They may need to apply for an extension of time. Customers do not need to apply for leave of the court under section 112 to dispute a previous decision, even if that decision was made more than 18 months ago, as the objection process is not limited by the 18 month retrospective rules. The References page has a link to the Child Support Guide 4.1: Objections.

If the applicant is dissatisfied with the outcome of an objection, they may appeal to the AAT. The References page has a link to the Child Support Guide 4.2: External review applications to the AAT.

A DM may refuse the COA application if the matters raised are too complex. Before processing the decision, an EL1 DM Team Leader must:

• approve this decision, and
• document their approval on the COA Maintenance notepad

An application may be considered too complex if:

• there is a history that requires special or sensitive customer management. E.g. family and domestic violence or frequent AAT applications
• the customers have made numerous and frequent COA applications without a satisfactory outcome
• financial details make it difficult to determine the customers' financial circumstances. E.g. there may be business structures or oversea income, go to Step 9, or
• there is contradictory or conflicting information, go to Step 10

If the applicant objects to the too complex finding (section 98E or 98R refusal decision):

• before 1 July 2015, they applied straight to court for a departure from their assessment
• after 1 July 2015, they:
• may apply to the AAT for a first review of the decision. Any decision of the tribunal is final, except where there is an error of law
• cannot make an application to court for a 118 order solely on the basis the matters have been found too complex
• can apply for a section 118 order where another legal matter is pending, and the court determines it is appropriate to deal with the COA application at the same time

The References page contains a link to the Child Support Guide 2.6.3: A decision to refuse to change an assessment.

A customer's financial arrangements may be considered complex if they involve:

• overseas income/assets:
• substantial incomes from foreign sources or overseas assets may make it difficult to determine the financial circumstances of either customer
• trust or business structures:
• Applicants may need to give supporting documents about their financial circumstances. E.g. explanation of corporate structure or income details. See Calculating financial capacity for business owners
• Financial business interests may be too complicated to separate individual financial situations sufficiently in order to make a decision

Consider refusing the application if complex financial information obstructs the ability to:

• establish a reason, or
• determine whether it is just and equitable or otherwise proper to make a change to the assessment

Go to Table 2, Step 2 in Finalising a COA application.

If an applicant supplies information which is contradictory or conflicting it may be inappropriate for the application to proceed if the:

• discrepancy cannot be resolved
• issue is relevant to the outcome of the COA
• contradiction prevents the making of an accurate decision

Is it appropriate for the application to proceed?

• Yes, go to Step 11
• No, go to Table 2, Step 2 in Finalising a COA application

Read the application and supporting documentation to make sure there is sufficient information and evidence to support the progress of the COA. Determine if:

• the customer has satisfied the basic requirements of each reason they have selected
• the customer has selected the appropriate reasons, and
• all relevant information and supporting documents have been supplied

The References page has a link to the Child Support Guide 2.6.2: What are the reasons for a change of assessment?

Go to Table 4.

A decision to not change an assessment can still be made after a COA application has been started.

An application may be refused if:

• a previous application has been refused and there is no new information or reasons in the current application
• a reason is not established
• it would not be just and equitable to make a change to the assessment
• it would not be otherwise proper to make a change to the assessment, or
• the issue is too complex

Note: the lack of financial details from a non-customer carer are not grounds for refusal.

The References page has a link to the Child Support Guide 2.6.3: A decision to refuse to change an assessment.

Go to Table 4.

Throughout the COA, when customer contact is needed:

• send one of the below Pre Call Alert SMS:
• S001 – A Services Australia SO will call you in the next hour from a private number. Please answer this call
• S003 – We will call you today from a private number about a Change of Assessment in special circumstances application. Please answer this call
• make 3 contact attempts over 48 business hours on all available numbers
• use the COA First contact macro to record the customer contact
• paste a copy the document created by the macro in the COA Maintenance window

Note: if the customer is managed by Personalised Services, liaise with them to discuss how the customer contact will occur. See the Personalised Services Mandate.

Go to Step 2.

Check all party’s to a COA application for the following indicators:

• Domestic Violence/FDV
• Child or associated customer is deceased
• Personalised Services Customer
• Capacity to Pay
• Interpreter Required
• Literacy Problems
• Sensitive Issue Management
• Aboriginal
• South Sea Islander
• Torres Strait Islander

Do any of the parties have one of the above indicators?

• Yes, go to Step 3
• No, go to Step 4

Phone contact must be attempted throughout the COA process, this includes:

• after scrutinising the COA application and establishing grounds to progress or refuse the COA application
• before exchanging information with the respondent
• when a response is received
• before finalising the decision

Application is incomplete or ineligible,

Only contact the applicant if they:

• are locked to Personalised Services (PS), or
• the DM must contact the PSSO to discuss contacting the customer to explain why their application cannot proceed
• send the incomplete letter to the customer
• have not given personal financial information in the application. Contact the customer to explain:
• they need to lodge a new application with that financial information included, and
• why this information is important to the COA process

Is the application incomplete or ineligible?

• Yes, go to Table 9
• No, go to Step 5

Phone contact must be attempted:

• after scrutinising the COA application and establishing grounds to progress or refuse the COA application
• before finalising the decision if the decision will have an adverse outcome

Go to Step 5

Child Support legislation prohibits parties from being represented in the COA process. However, in some cases third party involvement may help determine whether a change of assessment should be made. See the References page for a link to Child Support Guide 2.6.5: Change of assessment process - application from payer or payee.

Note:

• A third party appointed under an administration order or who has Enduring Power of Attorney for either customer is not considered a representative and can participate in the COA process
• An Enduring Power of Attorney can only act for the party in the COA process because the party is incapable of attending to, or making decisions concerning, their estate/affairs because of a medical condition (mental or physical)

Record the order or Power of Attorney in the Customer Representative window.

A third party can be present during the phone conversations in the following circumstances:

• an interpreter is requested or needed:
• When a customer asks for an interpreter, or if a DM thinks the customer is having difficulty understanding, arrange a telephone interpreter immediately, see Interpreter Services. Do not continue with the conversation if there is a risk of misunderstanding due to language or cultural barriers
• the customer asks for an Indigenous interpreter, or an Indigenous Service Officer (ISO)
• they are present for the purposes of giving information (in rare occurrences)
• there are special circumstances, e.g. a hearing disability, illiteracy or severe mental illness on the part of either customer. In these cases, a third party may assist the customer to put forward their own case

If it is believed a third party is listening and/or coaching a customer, ask that they stop. Depending on how the customer replies, decide whether or not to continue with the call.

Solicitor to receive correspondence

A customer's solicitor may assist them in preparing their COA application and/or response form. A solicitor:

• cannot represent the customer or be involved in the COA decision-making process
• can receive correspondence on the customer's behalf

The customer may authorise their solicitor to receive letters or communications from the agency on their behalf. In such cases, ask the customer whether:

• they want all correspondence to be sent to their solicitor, including all information given by the other customer for exchange with them, or
• the solicitor to be notified of the final decision only

Read and have an understanding of when and how to contact customers during the COA process.

If unable to contact the customer, go to Step 12.

Outline the 3 step decision making process:

• a reason exists to make a change
• changing the assessment is fair to the children and both customers
• changing the assessment is fair to the community

Encourage customers to access the Services Australia website for links to the Child Support Guide and other resources.

Is the application likely to proceed?

• Yes, go to Step 3
• No, go to Step 2

If the application is likely to be refused:

• explain the reasons why
• discuss the intent of the application, and
• explain appropriate administrative options

Where a more appropriate administrative option is identified encourage the applicant to pursue that option. Ask if they wish to withdraw the COA application.

If the customer:

• agrees to withdraw their COA application, go to Table 11
• wants to proceed with their COA application. To finalise the application, go to Table 2 in Finalising a COA application
• wants to pursue an appropriate administrative option, refer them to the appropriate business line, see Customer Referral Guidelines (CRG) Child Support

Discuss the following with the applicant:

• receipt of their application and initial findings
• their option to withdraw at any stage before the decision is made
• the selected COA reason(s)
• ask for additional information if needed and set agreed timeframes for receipt
• the possibility of refusing the application, where appropriate
• the applicant's expectation of the outcome and discuss realistic expectations
• that decisions can differ to what they requested in the application. Do not advise the customer if the decision is likely to be negative, nor encourage withdrawal, as this may result in an unfair assessment remaining unchanged
• referral to Family Relationships Centres and the Family Relationship Advice Line where appropriate
• the possibility of an agreement, see Table 1 in Finalising a COA application
• debt repayment and minimum collection activity. Debt repayment negotiations must occur when a COA is in progress, use the Collection and debt macro. Where there is follow up work required for minimum collection activity that cannot be completed in real time, create an appropriate intray and route to:
• Region: NATIONAL OFFICE
• Office: NATIONAL OFFICE
• Stream/Team: MC SMCN NATIONAL MCS
• Position: A – GENERAL ENQUIRY POOL
• Refer specialised activities to the owning business area. See Customer referral guidelines for Child Support staff.
• Route common activity intrays to:
• Region: NATIONAL OFFICE
• Office: NATIONAL OFFICE
• Stream/Team: MC SMCN NATIONAL MCS
• Position: A - MCS REFERRALS

During the discussion, is it identified the customer selected the incorrect reason?:

• Yes, go to Step 4
• No, go to Step 5

If the applicant has mistakenly selected an incorrect reason, but the correct reason can be determined from the application and accompanying documents, progress the application.

Discuss the identified issues and clarify their intent.

• If a different reason should have been selected:
• it does not need to be in writing. This is because the information the customer has already supplied supports the correctly identified reason. This information must be explained to the other customers
• If the customer adds an extra reason:
• ask the customer to provide reason in writing together with any extra evidence within 7 days. Ask them to send the extra evidence as an attachment through their Child Support online account
• document the conversation on a notepad in the COA Maintenance window. Include the new reason(s) and agreed timeframes
• do not offer the Services Australia Webmaster email address as an option when a customer is eligible for a Child Support online account. If a customer indicates they will use Webmaster, tell them it is not secure

Go to Step 5

Play the COA & Objection OEI automated message to the customer using Services Australia Workspace.

If a customer identifies themselves as being affected by family and domestic violence, see the Family and domestic violence procedure.

If they do not agree to the exchange of their documents with the other party, or discussing the matters with them, they can withdraw their:

• COA application and supporting documents
• COA response and supporting documents
• extra supporting documents they have submitted

Note: documents attached to a COA application cannot be withdrawn without withdrawing the application. See Open exchange of information for Child Support customers about withdrawing documents.

Does the customer want to withdraw their COA application?

• Yes, go to Table 11
• No, go to Step 6

Explain to the customer:

• the issues they raise will be acknowledged, however the Notice of Decision (NOD) will only mention issues relevant to the COA
• information may be excluded from the decision making process due to questionable accuracy or authenticity

Be careful about using words such as 'irrelevant' when discussing a customer's issues. Stating they are irrelevant may impede the customer's ability to focus on matters critical to the COA decision.

Discuss any possible administrative remedies that exist and minimum collection. If a customer had previously refused an appropriate administrative option:

• document this in the COA Maintenance notepad, and
• include this issue in the Notice of Decision (NOD)

If the customer elects to pursue the administrative option, DMs need to:

• encourage the customer to use myGov to complete their enquiry, or
• transfer the customer to the General Enquiries phone queue using the dropdown phone menu, or
• create an intray appropriate to the follow up needed. If there is no suitable intray, create a General Follow up intray. Add a notepad and route to MCS REFERRAL position for a Service Officer to follow up with the customer

Identify the possibility of an agreed outcome that may be an acceptable decision. To determine customer expectations and the possibility of an agreed outcome, ask what they would consider to be a fair outcome of the application.

When encouraging an agreed outcome consider:

• whether the COA decision is made within legislative guidelines
• a reason exists to make a change
• changing the assessment is fair to the children and both customers
• changing the assessment is fair to the community
• possible power imbalances that may affect the customers decision making
• giving customers a limited timeframe (E.g. 2 to 3 days) to think about their decision. This is to make sure there is no change to the agreed outcome

Advise the customer of their objection rights and their NOD will have more details. See:

• the References page for a link to the Child Support Guide 4.1: Objections
• Child Support Objections

Offer the customer a referral to the FRAL, except for application/cross-applications relating to:

• 'Reason 8', and
• variations to a provisional notional assessment

Explain, once the agency has all the necessary information the written reasons for the decision will be finalised within 14 days unless more information/action is deemed necessary.

• Ask the customer for their best contact number and preferred time of contact
• Where a customer agrees to give more information, ask them to provide the information using their Child Support online account within 2 to 3 days.
  Note: do not offer the Services Australia Webmaster email address as an option when a customer is eligible for a Child Support online account. If a customer indicates they will use Webmaster, tell them it is not secure
• Give Child Support contact details to the customer so they can contact if something they consider relevant occurs before the decision is made

Check if the applicant falls into any of the categories below:

• Culturally and linguistically diverse
• Indigenous and Remote
• Family and Domestic Violence
• Personalised Services

Does the applicant fall into one of the above categories?

• Yes, prepare and send:
• a Request for client to contact CSA (MX1-1) letter via the Customer Contact tab in Cuba, or
• select an Applicant additional information request (COA 18-1) letter from the Letter List
• No, and the COA application is:
• a potential refusal, go to Step 13
• complete go to Step 13
• all other circumstances, send the MX1-1 letter if it is needed to discuss any matters

Select either potential refusal or application is complete.

If the application will be refused without more evidence:

• send a COA 18-1 letter, and
• wait until the applicant has been given an opportunity to provide the information

If a response has not been received within given timeframes:

• make 2 call attempts over 24 hours on all available phone numbers
• record contact attempts as either 'successful contact' or 'unable to contact' for the applicant in the Customer Contact tab.

If the applicant responds, go to Step 3

Progress a complete and eligible application and exchange a copy and any accompanying documents with the respondent before the letter MX1-1 letter time frame expires. This may be appropriate if the applicant:

• notes that they are temporarily overseas and has not responded as asked
• notes in their application that they are a shift worker and not easily contactable and has not responded as asked
• is in prison and not easily contactable

If the application should be refused, see Decision Maker (DM) tasks prior to finalising a COA application table

Paste a copy of the document created by COA First contact macro in the COA Maintenance window.

Note: in the event of an AAT appeal, documentation is an integral part of the merits review of the decision.

If the customer indicates there is a Family Domestic Violence issue and does not wish to proceed due to this reason, consider a Capacity to Pay referral. Discuss this option with the applicant before proceeding.

Lock the Respondent.

Read and have an understanding of when and how to contact customers during the COA process.

Go to Step 2.

If unable to contact respondent, go to Step 6.

Items to cover with the respondent:

• A COA application has been received
• Confirm the COA reasons applied for
• Explain that adverse decisions can be made
• Any special circumstances the respondent may have
• Their financial circumstances, including expenses for themselves, the children and anyone they have a legal obligation to support
• The option of a cross application in cases where the respondent is concerned the applicant may later withdraw their COA application. A cross application means a change to the assessment can still be considered if applicant does withdraw
• The COA process, OEI and the use of electronic open exchange
• Third party involvement, e.g. a solicitor or interpreter
• Referral to FRAL if needed
• Debt repayment and minimum collection activity. Debt repayment negotiations must occur when a COA is in progress, use the Collection and debt macro. Where there is follow up work that cannot be completed in real time, create the appropriate intray. Refer specialised activities to the owning business area. See Customer Referral Guidelines (CRG)- Child Support . Route common activity intrays to:
• Region: NATIONAL OFFICE
• Office: NATIONAL OFFICE
• Stream/Team: MC SMCN NATIONAL MCS
• Position: A - MCS REFERRALS

Although a respondent does not need to respond, it is an opportunity to:

• reply to the claims and evidence in the application
• give evidence to support their response
• lodge a cross-application

If a respondent chooses to respond in writing, negotiate the shortest timeframe up to a maximum of 14 days, unless exceptional circumstances exist. Encourage the respondent to give this information via their Child Support online account.

To determine customer expectations and the possibility of an agreed outcome, discuss with both parties what they would consider to be a fair outcome of the application.

When encouraging an agreed outcome consider:

• if the COA decision is made within legislative guidelines, that is:
• a reason exists to make a change
• changing the assessment is fair to the children and both customers
• changing the assessment is fair to the community
• possible power imbalances that may affect the customers decision making
• giving customers a limited timeframe, e.g. 2 to 3 days to think about their decision to make sure there is no change to the agreed outcome

The COA application must be exchanged with the respondent and the COA response and/or cross-application exchanged with the originating applicant. See Open exchange of information for Child Support customers for detailed instructions.

If they concerns regarding a possible risk of family and domestic violence, confirm how they wants to proceed, see the Family and domestic violence procedure and the References page for a link to the Child Support Guide 1.7: Family & domestic violence.

• Do not exchange the privacy page
• Remove all Tax File Numbers (TFNs) from the application and accompanying documents before they are exchanged
• Save any edited documents to the NOD share drive. The Resources page has a link to the Electronic File management supporting resource
• Only exchange and consider correspondence received before the COA decision is written and finalised. CDM Support Officers must check the notepad to confirm the correspondence was received and considered before the COA decision was written. If there is no notepad, contact the CDM to clarify. Inform the customer if the correspondence was not considered

Document each instance of OEI throughout the COA process:

• in a separate COA Maintenance notepad
• detailing the information exchanged, and with whom

If contact is unsuccessful and respondent is not on tracing, exchange the application with the respondent via surface mail.

Respondent is on tracing

Do not send a copy of the COA application to the last known address.

Conduct tracing activities in accordance with Customer location (tracing). If unsuccessful, send a unique letter to the last known address with reference to the COA Application and ask the customer to contact the agency.

• If the respondent responds via phone, go to Step 2
• If the respondent does not respond to the letter, or it is returned as unclaimed, progress the COA application without exchanging the application with the respondent

Only the applicant will receive the COA Notice of Decision (NOD) letter until the respondent's address can be verified.

Once the customer is removed from tracing, manually send the NOD to the customer.

Document all discussions and contact attempts in a COA Maintenance notepad.

Exchange the COA application and any supporting documents with the respondent once they have been edited. Encourage the use of electronic exchange of information, this helps to make the process timely.

Exchanging the application:

• Open the COA Maintenance window, change the application Status from:
• ‘None’ to
• ‘Awaiting NTD’
• Use the COA letters macro to send the:
• applicant the COA05-2 letter acknowledging their application
• respondent the redacted application and support documents with a COA05-1 Invitation to respond or COA05-4 Invitation to respond and request for evidence
• In Cuba, update the Response field on the Customer Contact tab with a Change of Assessment Response (CAR) sent date. This will:
• delete the COA Send Response Form intray, and
• create a COA Awaiting Response intray

Send the S004 – We notified you of a Change of Assessment. If you wish to respond do so by {DD.MM.YYYY} or we will use information we have. Upload it online.

If the customer has not provided the requested evidence or responded and the due date has passed, if the customer has:

• no specific indicators, a follow up phone call is not needed
• specific indicators:
• send a Pre Call Alert SMS S001 or S003
• make 2 contact attempts on each available number across the day to obtain a verbal response, and
• continue to progress the COA application

A COA application form with a completed response (from page 4 of the Response Booklet) would be considered a cross application.

If the customer has:

• no specific indicators, no outbound contact attempts with the applicant are needed before exchanging the response
• specific indicators:
• send a Pre Call Alert SMS S001 or S003
• make 3 contact attempts to the applicant on each available number over 2 business days before exchanging the response

• Enter the response details into the Customer Contact tab to generate covering letters to both customers:
• CAR Received Date
• CAR Actioned Date, and
• Response Method
• Exchange correspondence in accordance with OEI processes
• Delete the COA06-1 - Response to your change of assessment covering letter
• Use the COA letters macro to send either:
• UQ190.01 letter if no cross application and a copy of redacted response, or
• UQ190.08 letter if there is a cross application and a copy of redacted response
• Open the COA Maintenance window to record the OEI as a customer contact to reflect the response has been forwarded
• Update the Customer Contact tab. This will:
• delete the COA Awaiting Response intray
• create a COA Awaiting Decision/Outcome intray

DMs, manually delete the COA Response Received intray.

Where first contact with the applicant was unsuccessful, but they have elected on their application form to receive their correspondence electronically:

• exchange the response electronically using the nominated email address on the application form
• use the MX0-1 Unique Letter to separately send a UQ196.00 We have sent you an important email

If the applicant or respondent provides further information, a COA Correspondence Received intray will be received.

Additional correspondence received can be discussed verbally and a verbal response obtained:

• Send a Pre Call Alert SMS S001 or S003
• Make one outbound contact attempt on each available number to exchange the information verbally

If contact is unsuccessful or the customer asks for physical exchange of the information, send a copy of the correspondence with the:

• UQ190.00 Additional change of assessment information when no response is required, or
• UQ191.00 via the COA letters macro when a response may be required

If customers do not or cannot supply relevant information, consider undertaking searches.

Do not offer to:

• request information from third parties where customers can reasonably be expected to obtain it themselves
• collect third party information on the basis that a customer does not want it provided to the other party

Note: any information obtained through a legal notice becomes part of the file that is provided if an AAT is lodged.

IDMs conduct their own searches.

CDM Support Service Officers (SSO):

• receives notification to conduct a search via a COA CDM Search Request intray. The search requirements are documented on the notepad
• action the searches within 48 hours. See Child Support's information gathering powers and the External searches guide
• add a notepad to the COA Maintenance window
• update the COA CDM Search Request intray
• notify the CDM where the search results are located. Route the intray back to the CDM

Use a section 161 notice to:

• request information from a third party, or when required from one or both customers for the purposes of the Act
• seek information not readily available and clarify existing information. E.g. where there is doubt about the accuracy of a previously provided document

Issuing section 161 notices where no attributes are available

To add the attributes, complete the Add attributes request macro.

IDMs issue their own section 161 notices, to add attributes, complete the Add attributes request macro.

CDM Support Service Officers are notified of a section 161 by a COA CDM Search Request intray. To add attributes, complete the Add attributes request macro. Once the attributes are available:

• notify the requesting CDM by issuing the section 161 Notice
• route the S161 Recovery Action intray to them

IDMs follow up their own responses.

CDM Support Service Officers are notified that follow up is needed by a COA CDM S161 Follow Up Reqd intray. Contact the recipient of the notice and encourage them to fax their response if possible, see Contact with Child Support customers.

Section 161 notices not returned/complied with

If a customer refuses or does not comply with a section 161 notice, IDMs and CDM Support Service Officers must refer the matter to Employer Services for action:

• Create a General Follow Up intray titled 'Non Compliance With Notice' and route to:
• Region: NATIONAL OFFICE
• Office: NATIONAL OFFICE
• Stream/Team: MC SEW NAT EMP SERVICES
• Position: A - ES LEGAL NOTICE GATE
• Employer Services will reissue the notice with the appropriate signature, make sure the notice is appropriately addressed and monitor for 14 days

Any Suspicious Matter Reports (SMRs) from AUSTRAC on the customer's file must not be included in the decision or in material being sent to customers. SMRs cannot be disclosed to any court or tribunal and they are not admissible as evidence.

IDMs

Go to Child Support's information gathering powers and the External searches guide for a list of general searches and instructions on how to search.

• Save completed search documents that cannot be recorded in a Cuba notepad, in the NTD share drive decision folder. Use the title 'case number, date of application, A, B, C etc'. E.g. '123456 4 April 2014 A'. The Resources page has a link to the user guide
• Document completed external searches in a COA Maintenance notepad, including the name of the relevant NTD share drive document

See Finalising a change of assessment application.

CDMs

Create a COA CDM Search Request intray with a notepad detailing the general and specialised searches needed. The intray will auto-route to National Office > SP SCOA NATIONAL COA > AA - CDM ALLOCATION for allocation to a CDM Support Officer.

Once the relevant search results are received, see Finalising a change of assessment application.

If the COA application is not complete, document as incomplete in the COA Maintenance window, including the reasons.

If there is a subsequently completed application, go to Table 1.

Go to Step 9.

Do not exchange documents containing offensive content with the other party, see Open exchange of information for Child Support customers.

Offensive content

If the PSM advise the application is not properly made due to offensive or FDV content:

• contact the customer within 2 working days
• tell the customer they may reapply by lodging a new COA application without the offensive or FDV content
• send a unique letter, stating the application, response or documents are being returned due to offensive or FDV content. Include a new COA application form

Go to Step 10.

Do not consider a COA application when:

• the liability is not an Assessment Act liability. E.g. a:
• Stage 1 case
• spousal maintenance
• parentage overpayment order registered under section 17A
• adult maintenance order, or
• overseas liability
• an assessment is no longer in force. E.g. a section 107 declaration that sets aside an administrative assessment from the start date

Go to Step 10.

Do not change an assessment in a period more than 18 months before to the COA application lodgement date, unless a court has granted leave to do so.

A court can grant leave for a period of up to 7 years before the date of application. The References page has a link to the Child Support Guide 2.6.1: When can the Registrar or court consider changing an assessment?

Go to Step 10.

Do not reduce an assessment below the minimum assessment rate unless the payer has at least regular care of one of the children of the assessment.

Go to Step 10.

A customer cannot apply for a COA if a court order or a child support agreement specifies a periodic rate of child support.

The only exception is if a customer is applying for a variation to the provisional notional assessment where the existence of a child support agreement is disregarded. See Notional assessment relating to child support agreements.

Only consider a COA application where a court order or agreement does not specify an annual rate but:

• varies one or more of the components of the formula, or
• provides for non-periodic rates

The COA decision can only vary those components not varied by the court order or agreement.

The References page has a link to the Child Support Guide 2.6.4: Kinds of change of assessment decisions > Can the Registrar change a child support assessment affected by a child support agreement or court order?

Go to Step 10.

The Deceased Customer Management (DCM) team manage all cases where a customer or child of the case is deceased. See Deceased Child Support customer management.

Consider a COA application received before the customer's death if:

• one of the customers is deceased, and
• there is an executor, administrator or power of attorney in place

Seek technical support before deciding how to proceed with the application. The References page contains a link to the Child Support Guide 2.6.1: When can the Registrar or a court consider changing an assessment?

An application may be ineligible if:

• the deceased customer did not have the opportunity to give relevant information, and
• there is no executor or administrator who can do so

Cuba will send a letter advising the customer or the executor/administrator that the application is ineligible.

Go to Step 10.

A customer is unable to make a COA application if the child support assessment has ended because there is no assessment in force.

Where there are multiple children on a case and an assessment ends for one child, an application:

• cannot be made for that child, and
• can be made for the other child/ren of the case

Where a court has granted Child Support leave under section 112 to make a determination for a specified period, Child support:

• cannot make a determination if the COA application is received after the assessment for the child has ended
• can make a determination for any other child/ren for whom the assessment was in force on the day the COA application was made

Tell the customer to seek legal advice regarding their options to seek a departure order from a Court in these circumstances.

Terminating events

A child support assessment remains in force until there is a terminating event ending the assessment.

If a customer lodges a COA application and there is a pending retrospective terminating event decision, the COA is valid. This is because child support received the COA on a date:

• before being notified or become aware of the terminating event, or
• had been notified or became aware of the terminating event but the decision to end the assessment had not yet been made

This includes circumstances where:

• an objection to a previous decision is lodged before the COA application, and
• the objection decision (that results in a terminating event) is made after the COA application was received

If there is a decision to change the assessment, the assessment:

• can be amended for earlier periods, and
• if applicable, up to the date of the terminating event

If the case is ineligible in Cuba, select 'In-No Assess' letter, go to Step 9.

• Document the reasons in the COA Maintenance window
• Update the application status , see Table 3 in Change of Assessment Cuba Process Help
• Send the incomplete letter to the customer, Phone contact is not needed

• Contact the customer to explain why the COA application is ineligible. Discuss their options which could include:
• seeking legal advice about applying to a court for changes to a court order
• applying for a Low Income Non-Enforcement period, see Stage 1 - Change in care non-enforcement
• applying to have their assessment reduced from minimum annual rate to nil. See Minimum annual rate to nil - Reducing child support assessments
• an administrative remedy and the advantages of this option over COA. See Table 1, Step 6 in Change of assessment enquiries
• Update the application status, see Table 3 in Change of Assessment Cuba Process Help
• Cuba automatically sends a letter advising the customer the application is ineligible

Determine if a special circumstance, for which a departure determination is currently in place for, has subsequently ended.

Review the new COA application/referral intray for:

• reason for the application, that is details about what has changed since the COA decision
• information requested from the customer and by when

Has the special circumstance for the departure currently in place ended?

• Yes, and it can be determined how the variation to the assessment was made for that special circumstance, go to Step 2
• No, go to Step 6

To determine if a section 75 is likely to be successful, review:

• recent contacts to see if the other parent has contacted the agency to notify about the special circumstance ending
• the COA decision in place and any considerations listed
• View Correspondence to confirm if the customer has given evidence

Is it likely the section 75 will be successful?

• Yes, create a S75 in progress intray. If there is a COA/Pt6A S75 referral intray, keep this intray as well as the S75 in progress intray
• No, go to Step 6

Contact the other parent in line with the COA contact approach using Pre-Call SMS.

Discuss the cessation of the special circumstance and the proposed change.

If they disagree the special circumstance has ended, ask them to give evidence to support their position.

If satisfied after contacting the other parent the special circumstance has ended:

• determine from when to amend the assessment
• document all conversations for the possible section 75 amendment in the COA or Part6A Maintenance window

If unable to speak with the parent in the initial phases of the investigation, send a Please Contact Letter (CAL).

• Determine the most appropriate date to amend the assessment from:
• take into account both the date of event of the cessation of the special circumstance, and
• the considerations of the original decision
• Update the end date of the Change of Assessment Registration or the applicable Formula Modification to the new end date
• Save eligibility to give effect to the decision
• Use the S75 Decision Template to document the decision in the Maintenance window

For CDMs:

• Complete the S75 CDM Recommendation and Decision template and email to the CDM Technical mailbox
• A PSM will review the recommendation and either approve or decline
• If approved, the PSM will amend the assessment and issue the letters as detailed above
• If declined, the CDM will continue with the COA or Part 6A application received

• Send the S75 Cover Letter (completing all necessary fields) to all parties via the Unique Letter MX0-1
• Process the COA/Part 6A application withdraw where appropriate
• Contact both parties to advice of the decision and the reasons for the date selected to amend the assessment
• Delete the COA/Pt6A S75 referral and S75 in progress intray

Delete the S75 IN PROGRESS intray if determined:

• there has not been a change to the special circumstance, or
• the matter is too complex for consideration via S75

If the customer has lodged a new COA application, assess the new application, go to Table 1.

If a referral was made for a potential S75 amendment contact the customer to explain the referral has been declined. If they are still seeking a change, explain they will need to apply for a new Change of Assessment by completing the COA application form CS1970.

For CDMs:

• Complete the S75 CDM Recommendation and Decision template and email to the CDM Technical mailbox
• A PSM will review the recommendation and either approve or decline
• If approved, the PSM will amend the assessment and issue the letters as detailed above
• If declined, the CDM will continue with the COA or Part 6A application received

An applicant can withdraw their COA application at any time before a decision is made. They may withdraw for any reason, including:

• wanting to pursue an administrative remedy
• child support issues before court
• a change of mind about seeking a COA

When an applicant decides to withdraw their application, make sure they:

• understands it is their choice to withdraw the application
• understands they cannot object to or request a review of a withdrawn COA application as no decision has been made
• is given a cooling off period of at least 48 hours before finalising the application as 'withdrawn' in Cuba
• is aware that they must contact the DM within the 48 hour cooling off period if they decide to change their decision about withdrawing
• has been advised of any alternative administrative options, where applicable
• is aware they can re-apply at any time as long as the assessment is in force
• is aware that where a cross application is in place the COA will progress on the cross application

If the applicant withdraws and:

• the other party has not been notified of the COA application, do not notify them of the application or the withdrawal, or
• there is no cross application, but the DM believes the income used in the current assessment does not accurately represent customers' income, property or financial resources, make a Capacity to pay referral to make sure the assessment is fair and equitable, or
• there is no cross application, or it has been withdrawn, process the application as withdrawn in the COA Maintenance window, see Change of Assessment Cuba Process Help. Tell the respondent they can lodge a COA application under any of the 10 COA reasons and document discussion. See Supporting resources on the Resources page for the COA reasons and options information sheet

If the applicant withdraws their application but the respondent does not withdraw their cross-application:

• advise both customers that the COA process will continue for the cross-application, and
• process the COA application as 'withdrawn' in the COA Maintenance window, see the Change of Assessment Cuba Process Help, and
• do not process the cross-application as 'withdrawn'

Note: if the withdrawal is deemed to be insincere, requested under duress, or if there are concerns the applicant may not fully understand the consequences of withdrawing the COA application, ask for the request in writing.

The References page has a link to the Child Support Guide 6.2.1: Information need not be in writing.

Where an applicant changes their mind and wishes to proceed with the COA application, it may be considered unnecessary to ask the customer to give all the information again. Decisions to allow customers to rely on previously provided information are made on a case by case basis and the DM must inform the respondent of a subsequent application if they were aware of the withdrawal.

A subsequent application can be made in writing with:

• a new COA application form
• basic details and a statement advising they will be relying on information previously provided on DD/MM/YY
• all documents that accompanied the earlier application and permission for these documents to be exchanged with the other party

Details that must be completed by the applicant on the COA application form include:

• 'your details' section, and
• 'details of the other customer' section, and
• case number, and
• financial information, and
• signature

The date of the new application will be the date it was made, not the earlier date of the withdrawn application.

When a customer lodges a subsequent application, it is treated as a new COA application, go to Table 2.