Revoke a Child Support departure prohibition order (DPO) 277-04130040

Check eligibility, consider whether there are any pending variations to a past period and whether it is likely that a debt will be raised.

If there are no pending variations or no likelihood of an increase in liability, go to Step 2.

A DPO must be revoked if:

• the outstanding child support liability or overpayment is wholly discharged
• satisfactory arrangements are made to discharge the debt or
• it is determined that the debt is totally irrecoverable

A DPO may be revoked:

• if the customer makes application, go to Step 4
• by Child Support in the following circumstances:
• The delegate considers it is desirable to do so despite the tests not being met. Discretion may be exercised to revoke a DPO only where satisfied that the debtor will return to Australia and will not dissipate assets overseas. Go to Step 3
• Child Support receives a request from the Department of Home Affairs to revoke a DPO as a result of a Deportation Notice being issued. Go to Step 3
• A parent subject to a DPO is deceased and managed by the Deceased Customer Management team, the Registrar will consider it desirable to revoke the DPO. Go to Step 5

Note: Child Support is not required to revoke a DPO or take any specific action if the customer’s visa is due to expire, however the delegate has the discretion to revoke or vary a DPO if it is considered desirable to do so.

For more information about revoking a DPO, see References for a link to the Child Support Guide 5.2.11: Departure prohibition orders

The Registrar must not revoke a DPO if they believe a debt will be raised for a past period as a result of a change unless they are satisfied that:

• the liability or overpayment will be wholly discharged, or
• satisfactory arrangements are made to discharge the debt, or
• it is determined the debt is totally irrecoverable

Child Support can only determine this if there is information indicating an expected outcome. In addition, the increase in liability or overpayment must also be likely, not just possible.

Examples of where a debt will be raised for a past period as a result of a change - at the time of considering the revocation of the DPO:

• the customer has an unreconciled estimate in place, and there is reliable income information that indicates that the actual income earned is higher than the estimate income for the period, the estimate should be reconciled
• a Decision Maker (DM) indicates they will be changing the liability in a past period as a result of a COA process
• an Objection Officer indicates that they will be changing the liability in a past period as part of an objection process, or
• the assessment is based on default incomes, and Child Support has evidence indicating the actual income earned in a past period is higher than the default income, the incomes must be derived

Note: any necessary changes must be made as soon as possible.

Examples of where it cannot be determined a debt will be raised for a past period - at the time of considering the revocation of the DPO include:

• the customer has an unreconciled estimate in place and Child Support does not have reliable information indicating the actual income earned was higher than the estimate income for the period, or the estimate period is yet to conclude
• a COA application has been lodged but the DM is not yet able to indicate what their decision will be
• an objection has been lodged and the objection officer is not yet able to indicate what their decision will be
• the assessment is based on default incomes and Child Support does not have reliable income information for past periods
• an Administrative Appeals Tribunal (AAT) application has been lodged and is proceeding – Child Support cannot predict the outcome at any point in the process until a decision is made or
• a court application has been filed and is proceeding – Child Support cannot predict the outcome at any point until a decision is made

For more information see References for a link to the Child Support Guide 5.2.11: Departure prohibition orders.

A customer can apply for a DPO to be revoked, either in writing or verbally. The customer’s application must state why they believe the DPO should be revoked.

Explain to the customer the legislative provisions governing DPO revocation as detailed in the Child Support Guide 5.2.11: Departure prohibition orders. References has a link.

Provide customers with all their options and clarify whether they are seeking to apply for the DPO to be revoked. The customer’s reasons for applying must be included in the submission. A refusal to revoke the DPO gives the customer a right of appeal to the AAT. The decision to refuse to revoke a DPO can only be made by a delegated officer.

Note: where appropriate also discuss the possibility of a departure authorisation certificate (DAC).

If the customer wishes to withdraw their application to revoke the DPO and apply for a DAC, see Issue a Child Support departure authorisation certificate (DAC).

To recommend that a DPO in place be revoked, the legislative provisions provided above and in the Child Support Guide 5.2.11: Departure prohibition orders must be satisfied. References has a link.

DPO Service Officers are responsible for completing submissions recommending a DPO be revoked/not revoked.

A Debt Enforcement or Personalised Services Service Officer managing a customer who is applying for a DPO to be revoked, must contact a DPO Team Leader to progress the application.

Deceased customer

If the parent is deceased and managed by the Deceased Customer Management team, the case must be referred to the DPO Program Support Manager (PSM). The DPO PSM will:

• draft the submission, and
• manage the case in liaison with Deceased Customer Management team

Complete the DPO Revoke submission:

• Debt has been paid in full, use the DPO revocation submission macro
• Debt not paid in full, use the DPO revocation submission template

The submission must specify:

• whether the application was initiated by the customer or Child Support, and
• the legislative reasons why the DPO should be revoked. References has a link to the Child Support Guide 5.2.11: Departure prohibition orders

Email the completed revocation submission to the DPO SSO:

• subject heading 'DPO Revoke submission’, and
• include the customer’s name and CSID

The DPO SSO will review the submission and check the submission for accuracy before forwarding to the relevant DPO Team Leader.

The DPO Team Leader must:

• check the submission, ensuring all necessary considerations have been made, and
• email the submission and recommendation to the delegate - with a copy sent to the DPO Service Officer

Debt over $50,000

If the DPO revoke submission is for an outstanding child support maintenance amount over $50,000, send the revoke submission to the DPO Team Leader

The DPO Team Leader will work with the DPO PSM to progress the submission

The DPO PSM will submit the DAC Submission to the ICS National Manager who is the authorised delegate

If the submission does not address all the necessary considerations, return it to the DPO Service Officer for more information.

If the customer is expected to travel within 72 working hours:

• contact the delegate, and
• advise them that an urgent request for revocation of a DPO needs to be considered

The delegate must:

• consider the DPO Service Officer’s recommendation
• document the decision to approve or refuse in the submission email, including the reasons and legislative basis for the decision, and
• forward the decision email to the submitting DPO Team Leader

If the submission is not complete:

• return the email to the DPO Team Leader and the DPO Service Officer
• outline the additional information required

Upon receipt of the email the DPO Service Officer will:

• either:
• amend the incomplete submission to include the additional information required by: the delegate, and
• email via their DPO Team Leader, the updated submission to the delegate for their approval/refusal
• or:
• record the submission in the Collection window
• email the delegated officer that the submission has been recorded on Cuba for their approval/refusal

Child support debt

Paste the approved DPO revoke submission in full onto the Revoke DPO Request Submission dialogue box in the Collection window:

• Category - Level 2
• Action - DPO and
• Outcome - Submission to Revoke DPO

Once this is saved a DPO Revoke Submission intray will generate.

Overpayment debt

• Category - Level 1
• Action – Information Gathering
• Method – Select Phone and Other from the Outcome drop down list
• Date of Call will default to today’s date, this can be updated if needed, select Yes in the New Information Found button
• In the Third Party Details box, put ‘OVP DPO Revoke’ in the name box
• In the Other box in the Commitments Made box type Submission to Revoke DPO
• Paste the approved DPO revoke submission into the Additional Information text box

Not enough character space

If the Collection window - Departure Prohibition Order Submission dialogue box or Additional Information text box does not give enough space to record the submission:

• record a pointer in the Collection window to the Client Profile window, and
• paste it in a notepad in the customer’s Client Profile window. Use the subject heading ‘DPO Revoke Submission’

Use the DPO Team Leader Tool to document the decision to approve or refuse the DPO Revoke submission in the Collection window.

If the child support debt submission is:

• refused, go to Step 4
• approved, go to Step 5

If the debt is an overpayment debt, the decision is recorded like this:

• Category - Level 1
• Action – Information Gathering
• Method – Select Phone and Other from the Outcome drop down list
• Date of Call will default to today’s date, this can be updated if needed, select Yes in the New Information Found button
• In the Third Party Details box, put ‘OVP DPO Revoke’ in the name box
• In the Other box in the Commitments Made box type Submission to Revoke DPO
• Paste the approved DPO revoke submission into the Additional Information text box

Not enough character space

If the Collection window - Departure Prohibition Order Submission dialogue box or Additional Information text box does not give enough space to record the submission:

• record a pointer in the Collection window to the Client Profile window, and
• paste it in a notepad in the customer’s Client Profile window. Use the subject heading ‘DPO Revoke Submission’

If the delegate has refused an application for the DPO to be revoked:

• complete the DPO not revoked letter (MQ4.09) located in the Macros DPO letters
• email the draft letter to the Service Officer's Team Leader.

The Service Officer’s Team Leader will give their approval by return email.

When approved, paste a copy of the DPO Revocation refusal letter template into a unique letter:

• the letter must be Pended
• check the letter is complete and correct
• change the letter status from Pended to Keyed, and
• print the DPO Revocation letter locally to send to the customer

Note: the customer has no objection rights on a decision to revoke a DPO. The customer can apply directly to the AAT for a review of the decision.

See Letters Cuba Process Help.

If the delegate has approved the application for the DPO to be revoked draft:

• a DPO revoked letter (MQ4.15) located in the Macros DPO letters, and
• the relevant DPO revocation notice according to the customer's debt

Paste a copy of the DPO revocation notice in the Client Profile window notepad with a subject heading ‘DPO Revocation Notice’.

Save the drafted DPO revocation notice in PDF format so it can be emailed to the AFP.

Paste the approved DPO Revocation approval letter template into a unique letter:

• the letter must be Pended
• check the letter is complete and correct
• save the pended letter and DPO notice in PDF format and email a copy to the AFP
• change the letter status from Pended to Keyed, and
• print the DPO Revocation approved letter locally to send to the customer with the DPO revocation notice

If the customer wants a faxed copy fax the DPO revocation notice in advance of and in addition to service by ordinary post

Note: the customer has no objection rights on a decision to revoke or vary a DPO. The customer can apply directly to the AAT for a review of the decision.

Deceased customer

• Do not create the DPO Revocation approval letter
• Create the DPO Revocation notice to notify AFP
• Document confirmation that the letter and notice have not been issued to the deceased parent’s address

See Letters Cuba Process Help.

The Services Australia (Child Support-Centrelink) Border Alert Guidelines outlines agreed arrangements to ensure mutual operational effectiveness.

Complete the Child Support DPO Revoke email template and email to the AFP with the PDF. Copy of the DPO revocation notice attached.

If the customer is expected to travel within 72 hours, the AFP must also be advised by telephone that an urgent DPO revocation notice has been issued.

Note: all emails sent to and/or received from the AFP must be recorded as a separate notepad in the Client Profile window. Failure to record all AFP communication raises risks relating to the defensibility of a DPO decision and the integrity of DPO management.

If the registered child support liability is either from an overseas authority, or has been transmitted to an overseas authority for registration and enforcement, and the liability has been paid either in part or in full, notify the overseas authority.

If the maintenance liability was sent:

• from, or transmitted to an overseas authority (excluding New Zealand):
• create an International Stakeholder Follow Up intray, and
• forward to the appropriate area. For more information see Customer Referral Guidelines (CRG) - Child Support > International Services
• by New Zealand and it has been paid in full, request a withdrawal on the daily exchange

If the maintenance liability was transmitted to New Zealand for registration and enforcement and has been paid:

• in full - issue a withdrawal to New Zealand via the weekly exchange, or
• in part -issue an amended certificate to New Zealand via the weekly exchange

Send to the International NZ mailbox

If the New Zealand exchange spreadsheets are unavailable, email the International NZ mailbox, include:

• customer’s name
• CSID
• Inland Revenue number, and
• details of the request