Issue a Child Support departure prohibition order (DPO) 277-04130010

Potential DPO referrals are identified via:

• payee, payer or third party information
• Department of Home Affairs searches, and
• data matching between the Department of Home Affairs and Child Support

If advised a payer plans to travel overseas:

• check if the case meets the Customer Referral Guidelines (CRG) - Child Support > DPO, and
• ask for information about the:
• travel dates
• destination
• purpose of travel. For example, business or holiday

Document the details of the call in the Collection window.

A DPO may be issued against a payer who is not an Australian citizen, provided the relevant criteria for issuing a DPO are met. Ensure a residency decision is not required, see Residency decisions for Child Support customers.

Does the case meet the DPO referral guidelines? See Customer Referral Guidelines (CRG) - Child Support > DPO

• Yes, go to Step 2 refer the customer for potential DPO enforcement. See Customer Referral Guidelines (CRG) - Child Support > DPO
• No, contact the payer. Negotiate a payment arrangement, follow the process in Debt repayment

If the customer is travelling within the next 10 days, go to Step 2

If the payer plans to travel overseas within 10 days and the case meets the DPO referral guidelines, Service Officers must refer to their team leader.

The team leader will contact the DPO Program Support Manager (PSM).

The DPO PSM will assess the referral, including:

• scrutinising the case in accordance with Table 2, Step 1, and
• asking for information about:
• any outstanding issues, such as care arrangements or non-agency payments (NAP)
• the source of the information
• the size of the payer's child support and/or overpayment debt and payment history, and
• previous payment negotiations or contact attempts to discuss the debt

If satisfied the referral is urgent the DPO PSM refers the case to the DPO Gateway Officer for allocation to the DPO teams, see Table 2.

If the DPO PSM is not satisfied suitable attempts have been made to negotiate a payment arrangement, the case will be referred back to the Service Officer to:

• contact the payer to negotiate a payment arrangement, and
• follow the process in Debt repayment

Scrutinise the case to make sure it meets the following criteria:

• The payer has a child support or overpayment debt. Do not consider DPO if the debt is less than $2,000
• A payment arrangement is not currently in place
• There is a pattern of non-compliance - the payer has persistently and without reasonable grounds failed to pay their debt
• The payer regularly travels overseas - the payer has a pattern of regular travel or has travelled in the last 12 months, or
• There is a reasonable belief the payer will travel

Note: the debt is not a child support or overpayment debt if it is only for:

• spousal maintenance
• late payment penalties
• overseas maintenance penalties
• consolidated revenue debt
• estimate penalties and/or
• costs and fines

Document the decision to accept or refuse the referral in the Client Profile window notepad with the subject heading DPO.

Copy the reason for the decision into a notepad in the Potential DPO intray, see Intray Management Cuba Process Help.

Is the referral accepted?

• Yes, lock the customer and route the Potential DPO intray to the NONE position in the relevant DPO team. Route intrays alternately between the 5 teams
• No, route the Potential DPO intray back to the referring Service Officer

DPO referrals are received via:

• Potential DPO intrays routed to the team NONE position by the DPO Gateway Officer, or
• DPO Gateway Officer allocating urgent requests where information suggests the payer will travel overseas within 10 days. Consider Table 1, Step 2

Allocate the referral to a DPO Service Officer:

• Lock the payer to the officer, unless managed by a Service Officer in Deceased Customer Management (DCM), Personalised Services (PS) or Debt Enforcement. See Customer Management Approach (CMA)
• Check the Potential DPO intray has been allocated to the DPO Service Officer.
• Email the officer advising they have been allocated an urgent referral

If either customer of the case/s is locked to a Service Officer in DCM, PS or Debt Enforcement, discuss with the case manager how best to manage customer contact.

See:

• Personalised Services, and
• Customer Management Approach (CMA) process to determine customer ownership

If there is any indication of family and domestic violence issues, see Family and domestic violence.

Child Support must demonstrate that all reasonable steps have been taken to contact the payer and negotiate a satisfactory arrangement to pay the outstanding debt. If the customer is on tracing, follow the processes in Customer Location (Tracing).

Apply the principles of the Debt Repayment Methodology during payer contact.

Attempt phone contact with the payer.

If phone contact is:

• successful, go to Step 3
• unsuccessful, go to Step 4

Use the Collection and Debt macro to manage and record the contact.

During the call:

• Explain the case has been escalated for DPO enforcement and what a DPO is
• Provide a summary of the debt
• Discuss debt correction and income replacement options to ensure the accuracy of the debt
• Request the lodgement of outstanding individual tax returns or non-lodgement advice
• Check if the payer resides in Australia or overseas, see Residency decisions for Child Support customers
• Discuss relevant options if the payer disputes the debt, including:
• Change of assessment
• Part 6A objection
• Administrative Appeals Tribunal
• Application to vary child support assessment through a court. Request payment in accordance with the debt repayment hierarchy. Follow the process in the Debt Repayment if an appropriate payment arrangement is negotiated
• Discuss the late payment penalty incentive offer, if appropriate
• Gain commitment with firm dates for both payment and agreed action
• Provide realistic timeframes, and
• Tell them refusal to pay the child support or overpayment debt may result in enforcement action without further contact, which may include:
• Issue of a DPO, meaning they will not be able to leave Australia. Attempting to depart Australia while knowingly under a DPO is a criminal offence and fines and/or imprisonment may apply
• Investigating their financial circumstances and accessing any funds available
• Collecting from wages, Centrelink payments or third parties
• Intercepting tax refunds, and
• Taking legal action to recover the debt

Document the discussion in the Collection window, including:

• details of the information provided to the customer
• any further action required, and
• timeframes to take agreed action

Go to Step 5.

If unable to contact the payer by phone send a 'please contact' letter requesting a response within standard response times.

Use the following standard text in the letter:

'We may recommend that a departure prohibition order be issued, preventing you from leaving Australia until a satisfactory arrangement is made for your child support or overpayment debt.

We may also take one or more of the following actions to collect the overdue child support:

• Requesting your employer to deduct money from your pay
• Requesting a third party to deduct money that they are holding for you
• Using your tax refund, or
• Taking legal action'

Note: a 'please contact' letter is not required for urgent DPO referrals.

Contact the payee to check if they still want the child support or overpayment debt collected.

If the payee says:

• Yes, ask the DE & DPO Risk Identification Question.
• No, see Collecting child support payments privately and/or discharging arrears. Procedure ends here

Ask the Risk Identification Question

Issuing a Child Support departure prohibition order is a Family and Domestic Violence interaction point.

Ask the DE & DPO Risk Identification Question if there are no exceptions.

"We are currently taking action to collect the outstanding child support owed to you and are considering either (or both) legal enforcement action and/or the placement of a Departure Prohibition Order (DPO). This does not guarantee we will proceed with either/both of these options to collect the outstanding child support owed to you.”

“We also want to ensure that you understand the restrictions a DPO places on a person's ability to depart the country” (this can be further explained as needed).

“I'd like to ask you a question about your safety and wellbeing. We ask all customers going through this process this question. Your answer will be treated as private. You don't have to answer the question. We ask so we can offer the right information, services and support to people whose safety and wellbeing may be at risk.”

“Are you, or has anyone else, been concerned about your or your family's safety?"

“Has there been any such concerns for your or your family's safety in the past?"

“If we did proceed with a DPO or taking any legal enforcement action, do you have any concerns for your or your family's safety?"

If the answer to these questions is yes, then also ask the Receiving Parent:

"Is there an Apprehended or Domestic Violence Order (AVO or DVO) in place?"

Does the customer confirm they have concerns about their safety?

• Yes, acknowledge the customer’s concerns:
• If the customer is at risk of harm or in immediate danger, follow the risk identification and referral process for an immediate referral to a social worker
• If no immediate risk exists, offer appropriate referral options
• Document this aspect of your conversation in the payee's communication window
• Correct the debt if necessary and gather collection information - used the Collection and Debt macro to managed and record the remainder of the contact
• No, use the Collection and debt macro to manage and record the contact. The purpose of the call is to:
• check the payee still wants the child support or overpayment debt collected
• correct the debt if necessary, and
• gather collection information

Only consider a DPO once all other collection avenues have been explored.

Section 72D of the Child Support (Registration and Collection) Act 1988 requires that a DPO can only be issued if:

• the person has a child support or overpayment debt
• the person has not made satisfactory arrangements to fully discharge the liability
• Child Support is satisfied the person has persistently and without reasonable grounds failed to pay child support or overpayment debts, and
• Child Support believes it is desirable to make such an order to ensure the person does not leave Australia without:
• wholly discharging the liability, or
• making satisfactory arrangements to wholly discharge the liability

If all the criteria are not met consider other methods of collecting or managing the debt including:

• voluntary payment
• employer withholding
• issuing a section 72A notice
• referral to Debt Enforcement, or
• non pursuit of the debt

Manage the customer in accordance with Customer Management Approach (CMA) for Child Support.

Resolve any outstanding issues, including but not limited to:

• unprocessed intrays that may affect the debt
• change in care
• non-agency payment (NAP)
• income correction. Default incomes must be accurate and justifiable
• court orders staying collection of the liability
• ensure a residency decision is not required

If unresolved issues may affect the liability, assess if the debt is likely to remain. If so, a DPO can still be considered provided the 4 legislative requirements are met.

Use the DPO submission template to prepare a submission to the delegate. The submission must:

• identify and include:
• whether the customer is an Australian or non-Australian citizen
• whether they are currently in Australia or overseas
• if there has been any residency decision relating to a country other than Australia, and
• if a non-citizen in Australia, the type and expiry date of the issued visa
• give the delegate a clear understanding of the case history and reasons why a DPO is appropriate
• inform the delegate of any outstanding issues. Explain it has been determined that a child support or overpayment debt will remain once the outstanding issues are resolved
• inform the delegate of the reasons it is appropriate to issue a DPO if all administrative enforcement options have not been considered, and
• reference how the 4 specific conditions (CSRC Act section 72D) are satisfied. For more information, see Step 1

Note: AUSTRAC Suspicious Matter Reports (SMR) must not be included when making a submission. Refer to External searches guide for further information.

Use the following resources to assist in making the decision:

References page:

• section 72D of the Child Support (Registration and Collection) Act 1988
• The Child Support Guide 5.2.11: Departure prohibition orders, and
• DPO Team Leader or DPO PSM as subject matter expert

Email the completed submission to the DPO Service Support Officer (SSO)with the subject heading 'FOR DECISION: DPO Submission - Payers name - CSRN'.

Review the DPO submission for technical accuracy. Apply standard proof-reading checks to ensure the content of the submission is clear, accurate and free from spelling and grammatical errors.

Ensure all necessary considerations have been made in relation to the individual circumstances of the customers and the 4 specified conditions are satisfied (CSRC Act section 72D).

If further updates are required, advise the DPO Service Officer of follow up actions required. Go to Step 3.

If the submission is accurate and ready for further escalation, forward to the DPO Team Leader. Go to step 5.

Review the DPO submission.

Ensure all necessary considerations have been made in relation to the individual circumstances of the customers and the 4 specified conditions are satisfied (CSRC Act section 72D).

The DPO Team Leader must undertake the following actions:

• Check the Department of Home Affairs search information recorded in both the submission and in CUBA are correct and relate to the customer. Conduct this check whether the submission is supported or not supported
• If the submission is supported:
• For debts exceeding $50,000, email the submission to the DPO PSM who will manage communication between the National Manager Delegate and the DPO Service Officer
• For debts up to $50,000, email the submission to delegate approvals with a declaration that the Department of Home Affairs information recorded in both the submission and in CUBA has been checked and relates to the customer
• State in the email Team Leader supports the recommendation to place a DPO. Include the DPO Service Officer in the email
• If the submission is not supported:
• Advise the DPO Service Officer of the follow-up action required

Note: if the DPO Team Leader identifies an incorrect Department of Home Affairs record has been recorded in Cuba, see Reassign or deleting a document in Documenting Child Support information.

Based upon the DPO submission, make a decision that:

• the DPO is approved
• the DPO is refused
• more information is required before a decision can be made

Use the following resources to assist in making the decision:

• References page:
• section 72D of the Child Support (Registration and Collection) Act 1988
• The Child Support Guide 5.2.11: Departure prohibition orders, and
• DPO PSM as subject matter expert

Request additional information from the DPO Team Leader or DPO Service Officer if required.

Email the DPO Team Leader and DPO Service Officer advising of the decision to approve or refuse the submission. Include clear reasoning for the decision and determination that the 4 specified conditions are satisfied (CSRC Act section 72D).

Include the DPO Delegate approvals mailbox in the email.

Advise the DPO Team Leader so they can record the DPO submission outcome in the Departure Prohibition window.

When the DPO submission is Approved, an:

• automatic DPO Issued indicator is applied to the Customer Production screen
• expiring DPO intray automatically creates

If the delegate requests additional information:

• amend the DPO submission to include the additional information required by the delegate, and
• email the submission to the DPO Team Leader requesting they forward it to the delegate for their approval/refusal

If the submission status is:

• approved:
• Update the DPO submission status to Approved
• Record the delegate’s decision, using the DPO Team Leader Tool
• Record the likely ‘retention date’, as 360 days from today
• Refer the case back to the owning Service Officer to issue the DPO and alert authorities
• refused:
• Update the DPO Submission status to Refused
• Procedure ends here. Follow the process in Customer Management Approach (CMA) for Child Support

Open the DPO letters macro and create a unique letter using the DPO issued letter text:

• check the letter is correct
• print the letter locally, and
• save a PDF copy of the letter to the desktop

Do not 'pend' the DPO issued letter as this will corrupt the letter in Cuba.

For more information on creating a unique letter see Letters Cuba Process Help.

Using the DPO letters macro, create either a DPO notice under $50,000 or DPO notice over $50,000 (depending on the total child support debt/overpayment (not including penalties)):

• check the notice is correct
• save the notice in PDF format to the desktop
• print the notice on plain paper
• paste a copy of the notice into the departure prohibition order notepad with the subject heading DPO notice <date>

Send the DPO letter and notice to the payer. See Letters for Child Support customers.

Note: if the payer is on tracing make every attempt to locate a current address, see Customer Location (Tracing). If a current address cannot be identified send a copy of the DPO letter and notice to the last known address on Cuba.

Is the customer managed by another specialist team – DCM, PS or Debt Enforcement?

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

If the customer is managed by DCM, PS or Debt Enforcement undertake the following:

• Contact the specialist case manager or their team leader if they are not available, to advise them a DPO is now in place
• Check whether the specialist case manager would prefer to contact the payer to advise the DPO is in place including whether a conference call is required
• If the specialist case manager will contact the payer about the DPO advise them they must use the DPO Placement Customer Text script documented in Step 3
• Document the decision about who will advise the payer of the DPO placement and confirm this officer has been advised they must read the DPO Placement Customer Text in the departure prohibition order notepad window

Contact the payer once the DPO letter and notice have been sent.

The payer must be notified as soon as possible after Child Support makes the DPO, see Contact with Child Support customers.

Read the DPO Placement Customer Script

'A departure prohibition order has been placed.

This means it is now an offence for you to leave, or to attempt to leave Australia while the departure prohibition order is in force.

This offence currently carries a maximum fine of $12,600, a 12 month prison term, or both.

You will receive formal written notification of this decision in the post – this will provide you with additional information regarding the order and your appeal rights.

If the parent states they cannot afford to pay the debt in full but asks about travel, state the following:

'If you seek to depart Australia while the DPO is in place, you can make an application for a departure authorisation certificate. It is recommended that this application be made 7-10 business days prior to your intended departure date.'

Document the customer's response.

Continue the discussion about how the DPO can be revoked and explain their appeal rights. Support the customer to manage the debt.

In any future contact with the payer make sure they:

• are aware that a DPO is in place
• have received a copy of the DPO notice. If not, obtain an address from the payer and send a copy of the DPO letter and notice immediately

Document all payer contact in the Collection window.

Using the Child Support DPO Placement email template, attach the following documents to the email:

• a completed AFP template and,
• the DPO notice previously saved to the desktop in PDF format in Step 1 of this table

If travel is anticipated within the next 72 hours, inform the Australian Federal Police National Operations State Services Centre (NOSCC) by phone after the email has been sent. The telephone number is located in the Services Australia (Child Support –Centrelink) Border Alert Guidelines. This document provides information about the arrangements to be observed by both organisations.

The AFP NOSCC Team will reply by email directly to the DPO Service Officer, providing a Passenger Analysis Clearance Evaluation (PACE) Alert number, and its expiry date.

When the AFP confirms the DPO has been registered:

• Update the Departure Prohibition Order window with the ‘AFP Conf Num’ (alert number provided by AFP) and the ‘Retention Date’
• Copy all emails to/from the AFP as separate notepads in the Departure Prohibition Order notepad
• In the notepad’s subject line, record the email date and which organisation sent the email ‘DPO AFP email sent’ or ‘DPO- AFP response’

If the payer is not an Australian citizen or they do not travel on an Australian passport, send a copy of the email sent to the AFP to the Department of Home Affairs > PACE alerts. This is a legislative requirement.

Ask the DPO Team Leader for contact details of the Department of Home Affairs.

To check the nationality of the customer, open the DIAC (Department of Home Affairs) search recorded in the Collection window. Conduct a search if none is recorded, see the External searches guide.

Review the search results to determine:

• if the payer travels on an Australian passport, or
• if the payer travels on an Australian passport (if the Country code in the travel movement is recorded as: A) in the departure prohibition order notepad, record that a copy of the DPO Notice and the AFP template has been sent to the Department of Home Affairs

An Expiring DPO intray generates when the DPO submission is saved with the status 'Approved'. Continue to manage issues that arise on the case.

Note: staff in the DPO team action any Expiring DPO intrays.

Lock the case to the None position of the DPO team where the DPO was issued. Route the Expiring DPO intray to that teams DPO Expiry position.

Child Support has discretion to vary a DPO, however a DPO will only be varied to correct errors in the order itself.

It is not necessary to vary a DPO because more debt or overpayment has occurred, or part payment has been received.

Notify all parties originally notified of the DPO of the variation.