Transmittal of Child Support information (excluding New Zealand) - Prepare case for transmittal 277-08320030

Before completing the transmittal package:

• run eligibility to ensure there are no outstanding issues
• identify the relevant Central Authority where the package will be sent, go to Step 2

Create a new folder on G drive / Int / Trans / SOs / (Individual team member name). Store the transmittal documents in a folder titled with the payer's surname and first name, for example, CITIZEN, John. All documents created for this process must be stored electronically and in hard copy.

If the payer's country of residence recorded in Cuba differs from the reciprocating jurisdiction where they reside see Transmittal of Child Support information (excluding New Zealand) - Transmittal referral and decision to transmit.

To determine the Central Authority address see Central Authority Address Listing for Child Support International customers. To access this information refer to the Resources page.

Where the customer is a resident of the US, access information in the Intergovernmental Referral Guide:

• Start from the Home page
• In the Public User Access group box:
• Ensure the State radio button is selected
• Select the required State from the drop-down list
• Select GO

When the next page is displayed:

• Select the CONTACT tab
• Select the CENTRAL REGISTRY CONTACT radio button
• Select VIEW

The contact details for the authority will be displayed.

Note: if the Central Authority address is listed as the Department of Foreign Affairs (DFAT), address all correspondence to the authority but leave the address field blank and send the UQ45.05 - DFAT covering letter.

If the payer resides in:

• UK (including Northern Ireland), go to Step 3
• US, go to Step 6
• Canada, go to Step 7, or
• all other countries, go to Step 8

Identify which convention to send the UK package based on whether any part of the arrears accrued:

• before 15/01/2003, go to Step 4, or
• on or after 15/01/2003, go to Step 5

Send the transmittal package under the Non Treaty Reciprocal Arrangements (Commonwealth).

Complete the Transmittal Letters macro, selecting the following:

• the 'Transmittal package' letter
• 'the Commonwealth Arrangement(s) and Maintenance Orders'
• A certified copy of a Payer Transaction Statement (without LPP). Letters Cuba Process Help
• An original Power of Attorney signed by the receiving parent
• 'A record of the case history to date', go to Step 9, for information, and
• Assessment letters for every period from start date of liability to present including any COA and objection outcomes

Attach the following to the letter to the Central Authority:

• the Power of Attorney and Statement of Means forms signed by the payee
• the 'Requesting information to refer case overseas' letter completed by the payee, and
• the D50K (Notice of Application for Enforcement by such method of enforcement as the court may consider appropriate) form completed on behalf of the payee, and
• if the payer resides in Scotland, complete and print the UQ45.00 - Central Authority - Payer in Scotland letter (Section 43a Certificate)

Note: Ensure the customer’s 16 digit Payment Reference Number is added on the How to Pay details page of the Transmittal letter. This number can be located on the Payers Payment Account Summary.

Send the transmittal package under the Hague convention.

Complete the Transmittal Letters macro, selecting the following:

• the 'Transmittal package' letter
• 'the Hague Convention'
• 'A certified copy of a Payer Transaction Statement (without LPP). Letters Cuba Process Help
• 'An original Power of attorney signed by the receiving parent'
• 'An original Statement of means signed by the receiving parent'
• Section 116(1) and Section 116(2) certificates
• 'A record of the case history to date', go to Step 9, for information, and
• Assessment letters for every period from start date of liability to present including any COA and objection outcomes

Attach the following to the letter to the Central Authority:

• the Power of Attorney and Statement of Means forms signed by the payee
• the 'Requesting information to refer case oversea' letter completed by the payee, and
• the D50K (Notice of Application for Enforcement by such method of enforcement as the court may consider appropriate) form completed on behalf of the payee, and
• if the payer resides in Scotland, complete and print the UQ45.00 - Central Authority - Payer in Scotland letter (Section 43a Certificate)

Note: if the liability being transmitted is an Australian court order, and it is being transmitted under the Hague Convention see Article 6 of the Hague Convention.

Note: Ensure the customer’s 16 digit Payment Reference Number is added on the How to Pay details page of the Transmittal letter. This number can be located on the Payers Payment Account Summary.

All cases sent to the US are sent under the bilateral agreement.

Consider whether the US is likely to accept that Australia has jurisdiction to determine the amount payable. Generally, the US is likely to accept Australia's jurisdiction if one of the following apply:

• the individual submits to Australia's jurisdiction by consent, by entering a general appearance, or by filing a document which waives a contest to personal jurisdiction: This must be done voluntarily with a full understanding that this is what they are doing. It is not sufficient to state they did because they made a payment or spoke to us on the phone for example
• the individual has resided with the child in Australia
• the individual has resided in Australia and provided prenatal expenses or support for the child
• the child resides in Australia as a result of the individual's actions
• the individual engaged in sexual intercourse in Australia and the child may have been conceived by that act of intercourse
• the individual asserted paternity in the putative father registry filed with the appropriate agency within Australia: Whilst there is no process in Australia that directly aligns with this US process the father being named on the Australian birth certificate may be sufficient to satisfy this requirement
• any other legal basis exists for the State's exercise of personal jurisdiction over the individual: Where an Australian Court makes an order in relation to child support this may be sufficient

Complete the Transmittal Letters macro, selecting the following:

• the 'Transmittal package' letter
• 'the agreement between Australia and the U.S.A'
• a record of the case history, go to Step 9 for information
• A copy of the most recent assessment letters for the most recent child support period is to be included

In all packages we must include:

• 'Locate Persons/Assets Form'
• 'International Transmittal & Acknowledgement Form'
• 'Registration Statement Form'
• If the US is likely to accept Australia's jurisdiction in an assessment or a court order case select:
• 'Statement contending that the Australian Child Support Agency has jurisdiction pursuant to article 2 of the Uniform Interstate Family Support Act (UIFSA)'
• If the US is not likely to accept Australia's jurisdiction, select:
• 'General Testimony' (in the macro section titled 'Supported documentation provided with this transmittal')
• 'Uniform Support Petition (in the macro section titled 'Supported documentation provided with this transmittal')

Attach the following to the letter to the Central Authority:

• Payer Transaction Statement (without LPP). Letters Cuba Process Help
• the completed 'Requesting information to refer case overseas' letter (if available) see Step 2 in the Send documents and determine if case will be prepared for transmittal table in Transmittal of Child Support information (excluding NZ) - Contact customers and issue documents

Note: the 'Requesting information to refer case overseas' letter can be completed over the phone with the payee or printed and posted for the payee to complete and return.

Note: Ensure the customer’s 16 digit Payment Reference Number is added on the How to Pay details page of the Transmittal letter. This number can be located on the Payers Payment Account Summary.

Complete the Transmittal Letters macro, selecting the following options:

• the 'Transmittal package' Letter
• a record of the case history, go to Step 9 for information
• Payer Transaction Statement (without LPP). See Letters Cuba Process Help, and
• Assessment letters for every period from start date of liability to present including any COA and objection outcomes

Attach the following to the Letter to the Central Authority:

• Section 116 (1) certificate
• Section 116 (2) certificate, and
• the completed 'Requesting information to refer case overseas' letter (if available) see Step 2 in the Send documents and determine if case will be prepared for transmittal table in Transmittal of Child Support information (excluding NZ) - Contact customers and issue documents

Note: do not convert our rates to a Canadian dollar amount.

For more information about transmitting to Canadian provinces/territories, see Child and Spousal Support Caseworker Guide: Canada-Australia on the Resources page.

Note: Ensure the customer’s 16 digit Payment Reference Number is added on the How to Pay details page of the Transmittal letter. This number can be located on the Payers Payment Account Summary.

Cases sent to all other countries are sent under the:

• Hague convention if the country is a signatory
• the UNCRAM convention if the country is not a signatory to the Hague but is a signatory to UNCRAM, or
• Commonwealth Arrangements

Complete the Transmittal Letters macro, selecting the following options:

• the 'Transmittal package' letter
• the appropriate convention or arrangement
• a record of the case history, go to Step 9 for information
• Payer Transaction Statement (without LPP). Letters Cuba Process Help
• Assessment letters for every period from start date of liability to present including any COA and objection outcomes

Attach the following to the letter to the Central Authority:

• the Power of Attorney and Statement of Means forms signed by the payee (where relevant)
• Section 116(1) certificate
• Section 116(2) certificate, and
• the completed 'Requesting information to refer case overseas' letter (where relevant)

Note: if the liability being transmitted is an Australian court order, and it is being transmitted under the Hague Convention see Article 6 of the Hague Convention.

Note: Ensure the customer’s 16 digit Payment Reference Number is added on the How to Pay details page of the Transmittal letter. This number can be located on the Payers Payment Account Summary.

For every case being transmitted include a record of the case history in the transmittal package. The Transmittal Letters macro will prompt to include this.

This information is used to assist the overseas Central Authority, and its courts, in registering the transmittal.

Note: when preparing a case history, review all communication contact. There is no requirement to include every contact or letter detail with the payer. As a general rule, where Child Support had had contact with the payer on:

• less than three occasions
• provide the specifics of each contact, or
• more than three occasions
• provide the date range of the first conversation and the last conversation only

SSO clearance is not required where a Service Officer has sent 5 or more packages to a particular jurisdiction. Where this has not occurred SSO clearance is required. When the transmittal package is complete request approval from a Service Support Officer (SSO). Provide a hard copy of the transmittal package to the SSO for allocation.

Enter the date of referral to SSO in the Transmittal Finalisations database stored on the Hobart G drive.

Service Officer (SO5) or above must issue a certificate of debt under s116. See Child Support Services, Delegation and Authorisations on the References page.

Review the transmittal package to ensure:

• the correct convention has been identified
• there are no spelling or numerical errors
• no privacy issues are evident, and
• it is complete

Respond within two working days and either:

• clear the package, or
• provide written feedback about changes required via email to the Central Authority Team Leader

If the SSO provides feedback:

• amend the package in line with the feedback, and
• resubmit directly to the SSO for clearance

Note: do not make any alterations after SSO approval has been given.

On clearance, determine if the transmittal package needs to be translated. This is required when a case is being transmitted to a country where English is not recognised as a national language. See the Resources page of Transmittal of Child Support information (excluding New Zealand) for Reciprocating Jurisdictions - A guide to provide assistance to DHS-Child Support staff to identify which countries this applies to.

• If the package will be translated, go to Step 4
• If the package is not to be translated, go to Step 5

Only the following documents require translation:

• the pre-registration letter issued to the payer
• the notice of decision to accept the assessment, agreement or court order
• notices for any objection or Change of Assessment (CoA) decisions
• covering letter
• case history including:
• Application Information
• Satisfaction of Parentage
• Calculation of Liability
• Explanation of income types used for Child Support periods
• Change of assessment for Child Support periods
• Communication Information
• Payment information, and
• s116(1) and s116(2) Certificates verifying the liability is a registrable maintenance liability and the amount of payer maintenance arrears are due and payable

Cases transmitted under the Hague Convention must include the following for translation: Individual assessment notices, Payer transaction statements, and any document which proves notice of institution of proceedings was properly served on the payer.

If more than one case is being transmitted, only one Transaction Statement and one s116 Certificate are required.

Note: ensure documents are translated prior to being placed on letterhead.

Service Officer (SO5) or above must issue a certificate of debt under s116. See Child Support Services, Delegation and Authorisations on the References page

To request translation of documents, see Interpreter Services.

USA:

• make two copies of the transmittal package
• the original and one copy of the transmittal package is to be sent to the US
• the second copy will be placed in storage

UK:

• make one copy of the transmittal package
• only the original transmittal package is to be sent to the UK
• the copy will be placed in storage

All other countries:

• make three copies of the transmittal package
• the original documents plus two copies will be sent overseas, the third copy will be placed in storage
• where a transmittal package is translated:
• One complete copy in English
• One including original translation
• Two copies of the translated original

Photocopy all documents onto letterhead paper, except:

• documents sent to the payee
• the case history, and
• any form that already has the Australian Government symbol on it

Certify the package by stamping and signing the following pages:

• all transaction statements
• assessment letters
• Registration Statement form (US specific document), and
• unique letters attached to the case history

Prepare package for Postage:

• Place package in envelope and address to CA
• Place addressed envelope in plastic satchel
• Attach package over page with CA address
• Place in outgoing mail tray for Mail unit to complete postage requirements

Create an International transmittal in Cuba.

Document the following in the notepad on the International Transmittal window:

• the details of the package i.e. which documents were sent to the Central Authority
• the date the package was sent
• who the Central Authority is, and
• the batch file number - this is provided by the Mail Team at Step 2

Delete the Potential Transmittal O/seas intray and create an International Transmittal Rev intray.

Create and route a Pending Approval intray to notify the Team Leader the case is ready to be sent.

Team Leader reviews original package and approves in International Transmittal window.

Send the original plus two copies of the transmittal package to the relevant Central Authority.

Enter the transmittal date in the Transmittal Finalisations database stored on the Hobart G drive.

Create an MX0-1 Unique letter to the payee using the Transmittal Letters macro to create the letter text. Select the 'Post transmittal receiving parent case' letter.

See Letters for Child Support customers.

A hard and an electronic copy of the transmittal package must be filed and stored.

Attach a scrutiny sheet to the transmittal package and place in the 'Items to be returned to the Mail Unit' tray in the Central Authority (CA) team for batch filing.

Transfer the finalised electronic case file from your personal work folder on the G Drive to the relevant overseas 'Transmittal sent' folder in the shared drive. Create a new subfolder using the payer's surname, first name and CSID (for example, SMITH, Fred 123456789).

Monitor the Central Authority None pool for any updates as they are received