Responding to requests from overseas authorities (excluding New Zealand) 277-08330000

When correspondence is received that cannot be attributed to a customer record:

• it is recorded in Cuba by the Electronic Document Classification team as unattached correspondence, and
• the reference number is emailed to the Overseas Authority team

See Correspondence received in Child Support.

If a request is received by a Service Officer outside the Overseas Authority team:

• create an International Stakeholder Follow Up intray
• note the reason for the referral and
• route the intray to:
• Region: INTERNATIONAL
• Office: INTERNATIONAL HOBART
• Stream/Team: NO S001 OVERSEAS TM
• Position: NONE

For non-Overseas Authority team staff, procedure ends here.

Determine if the request is actually from an overseas authority.

See:

• Reciprocating Jurisdiction - A guide for Services Australia - Child Support staff and,
• Central Authority Address Listing for Child Support International customers to determine if the address matches the request

Is the request from an overseas authority?

• Yes, go to Step 5
• No or unsure:
• To clarify the request is from an overseas authority, contact them
• If necessary send the SP9.00 - Overseas authorities contact the requester for further information
• Go to Step 4

If the request is not from an overseas authority the agency cannot provide any information about a person to the requester.

Contact the requester to advise that legislation does not permit the release of the requested information.

If necessary, send them the SP11.00 - Overseas authorities unable to provide information letter.

Procedure ends here.

Determine if the request is made under an international maintenance arrangement.

An international maintenance arrangement means:

• an international treaty Australia is party to, or
• a non-treaty arrangement between Australia and a reciprocating jurisdiction that relates to:
• maintenance obligations arising from family relationship
• parentage
• marriage

Consider these factors to determine if the request is made under an international maintenance arrangement:

• The international arrangement the request is being made under. The overseas authority may have referred to it in their request. Australia must be party to the arrangement
• The international maintenance arrangement must include provisions for the sharing of information as requested by the overseas authority. The Resources page has a table to help determine this
• The request must relate to a maintenance liability. If the overseas authority has sent a copy of the maintenance obligation review it to make sure it is a maintenance liability
• If there is not enough information to determine that the request is in relation to a maintenance liability:
• contact the overseas authority to confirm there is a maintenance liability that can be registered under the child support legislation
• If necessary, send a SP9.00 - Overseas authorities contact the requester for further information

The Resources page has a table combining international maintenance arrangements and section 121B - Giving information to overseas authorities.

Is the request made under an international maintenance arrangement?

• Yes, go to Step 6
• No:
• Advise the requestor that under legislation the agency is unable to provide the information requested. If necessary, send the SP11.00 - Overseas authorities unable to provide information
• Procedure ends here

The agency is able to access information to satisfy the request when:

• the request is made by an overseas authority for information about a person, or
• the request is made by an overseas authority to pass information to a customer, or
• the request is made to seek information from a customer
• it relies on an international maintenance arrangement and
• access is necessary to provide the information requested by the overseas authority

It may be necessary to search records of:

• Department of Home Affairs
• Australian Taxation Office (ATO)
• Services Australia

If the request is not made under an international maintenance arrangement, do not access Department of Home Affairs, ATO or other records of the person.

What is the overseas authority asking for?

• information about a person, go to Step 7
• that information be passed onto a customer, go to Step 10
• that information be obtained from a customer, go to Step 10

When requests are made under an international maintenance arrangement, consider the following:

• The Registrar must give the information requested if it is necessary or convenient to do so for the purposes of the arrangement
• Is it necessary or convenient in this case?

May be necessary - the information is required to enable the international maintenance arrangement to operate

May not be convenient - where providing the information would be at considerable cost

It will usually be convenient to provide the information if the request is:

• from an overseas authority and
• within the bounds of 1 of the international arrangements listed

Is it necessary or convenient to provide the information?

• Yes, go to Step 9
• No, go to Step 8

Advise the overseas authority it is not necessary or convenient to provide the information.

Respond to their request that under legislation the agency is unable to provide the information requested.

If necessary, send the SP11.00 - Overseas authorities unable to provide information letter.

Go to Step 12.

If other forms of communication are unavailable chose which letter to send depending on the information they requested.

Send either:

• SP8.00 - Overseas authorities confirm a person resides in Australia
• SP10.00 - Overseas authorities no application has been included with the request

Go to Step 12.

Provide the customer with the information from the overseas authority or ask them for the information the overseas authority is seeking.

See Contact with Child Support customer.

Send a letter to advise the overseas authority of the action taken and whether contact with the customer was successful.

Provide the overseas authority with the information they sought from the customer including any documents, if the customer has provided this information to the agency.

If the customer was asked to provide information and has not responded within a reasonable timeframe, inform the overseas authority that the customer did not respond to the request.

If the request is about:

• a Child Support customer, in the customer’s Communication window document:
• the letter sent and
• the action taken
• a person who is not a Child Support customer, record the letter sent in the Unattached Correspondence window

See:

Documenting Child Support information, and

Correspondence received in Child Support