Debt Enforcement referrals 277-04220000

This is a Family and Domestic Violence Interaction Point. If the customer is with another person, on speaker phone, or already identified with family and domestic violence concerns, continue with the current business conversation. Otherwise, go to the Family and domestic violence procedure to conduct the risk identification and referral process.

This document outlines the debt enforcement process commencing from the initial management of a case once referred to Debt Enforcement, to the ultimate recovery of debts following the finalisation of court proceedings.

Referral for Debt Enforcement

Once Services Australia registers a registrable maintenance liability for collection, the amounts payable are debts due to the Commonwealth by the payer. Recoverable overpayments are also debts due to the Commonwealth. The debt is enforceable by Services Australia and may be recovered through court proceedings pursuant to section 113(1) of the Child Support (Registration and Collection) Act 1988.

Cases are referred to Debt Enforcement for recovery of the amounts through the initiation of legal proceedings if a customer has:

an outstanding child support or overpayment debt, and
a demonstrated financial capacity exists to repay those outstanding amounts

Roles and responsibilities

Service Officer

Responsible for referring cases to Debt Enforcement.

Debt Enforcement Gateway Officers

Conducts an initial review of the referral, reviews cases prior to any letter of demand and reviews transfers to the Debt Enforcement Team.

Debt Enforcement SO3/SO4

Located in the Debt Enforcement Team, responsible for making last chance phone calls, holistic case management and liaising with the agency’s Legal Service Provider recommending that a Letter of Demand to be sent.

Debt Enforcement SO5

Responsible for preparing briefing material, working with Litigation and Information Release Branch (LIR) to decide on action to be taken, liaising with the appointed Legal Service Provider through the provision of verbal and written instructions and representing the agency in court.

Debt Enforcement Team Leader

Responsible for the general operations of the Debt Enforcement Team including, quality assurance of briefs, providing direct support to Debt Enforcement Officers and managing the stakeholder relationships with Legal Service Providers.

Debt Enforcement Program Support Manager

Responsible for operational support to the Debt Enforcement Teams, conducting quality assurance for referrals out of Debt Enforcement and managing the stakeholder relationships with Legal Service Providers.

Legal Service Provider

A reference to a Law Firm engaged by the agency to perform legal services on its behalf. LIR is responsible for approving profiles, providing direction/instructions on legal matters, managing the activities of the Legal Service Providers, approving referrals to the sheriff or official receiver and authorising legal expenditure to progress the matter through court.

Guidelines prior to referring Child Support customers for debt enforcement

Taking a Child Support customer to court

Monitoring orders and case management, including enforcing orders (CS)

Managing Child Support customer debt enforcement referrals

Operational Information