Correcting errors on Child Support cases 277-09030000

An error is typically understood as being a deviation from accuracy or correctness. The term ‘error’ is not defined in the child support legislation.

An error may occur:

• on a child support case or customer record at any time
• because of incorrect information or processing

Errors may be caused and/or identified by customers, the Registrar or a third party.

The impact of an error varies greatly depending on the type of error, the age of the error, the status of the case and the views of involved parties.

Some examples of an error on a child support case include:

• Keying errors, for example, notification date and event date of a care decision keyed around the wrong way
• Minimum annual rate (MAR) apportionment errors
• Invalid decisions, for example, where a denial of procedural fairness occurred
• Child support periods (CS Period) not aligned across reverse cases
• Duplicate customer records
• Case ended from an incorrect date
• Income incorrectly applied to the assessment

The following legislation allow for the correction of any error or mistake, whether or not made by the Registrar:

• Section 75 of the Child Support (Assessment) Act 1989 (CSA Act), and
• Section 42 of the Child Support (Registration & Collection) Act 1988

Errors include decisions that have not yet been made or processed in a suitable timeframe. Not all errors need to be corrected. The Registrar may decide to correct an error, not correct an error or correct an error from a particular date. The Registrar is also not obliged to consider correcting an error, however where this occurs, the parents must be notified of the error and their original review rights.

Correction of errors on child support assessments are treated the same whether payments are collected privately or through the agency.

The Registrar is not obliged to consider correcting an error. To ensure the validity of the assessment in accordance with section 72 of the Child Support (Assessment) Act 1989 (CSA Act), all affected parties must be notified of the error and their review rights. This approach is more likely (but not always) appropriate where the Registrar has identified an error that the customer has not raised and the case ended and has no outstanding arrears.

When the Registrar does consider correcting an error, a decision must then be made to either correct or not correct the error. All affected parties must be notified of the decision, including their review rights. This approach is more likely (but not always) appropriate where a customer has identified an error, or the Registrar has identified an error on a case that is active or ended with arrears and it would not be appropriate to not consider the error.

When deciding if an error is to be corrected or not corrected the decision-maker must consider the:

• particular facts and circumstances giving rise to the error, and
• impacts of correction/non-correction, in the context of the objects of the Child Support (Assessment) Act 1989 (CSA Act) and/or Child Support (Registration & Collection) Act 1988 (R&C Act)

The circumstances in one case may mean it is appropriate to correct that error, but it may not be appropriate to correct a similar error in another case.

Some factors to consider as part of the error correction process are listed below. The presence of one or more factors does not define the outcome of whether or not an error should be corrected. There may be some circumstances of a particular case that may be relevant for the decision maker to consider in the decision-making process:

• Sensitive issue indicators –an indicator alone will not be sufficient of itself to justify a decision one way or the other
• Where correction of the error may give rise to a threat to the health or safety of an affected customer in the circumstances of the particular case
• Where both parents do not want the error corrected
• Where there will be no change to the affected assessment/no financial impact as a result of the error correction
• Where the affected period was brief and the financial impact negligible
• Where both parents are uncontactable, in accordance with general Agency policy standards
• Where one parent is contactable and does not want the error corrected, and the other parent is uncontactable
• Where both parents are contactable and made aware of the error and have not requested the error be corrected or not in a reasonable timeframe

Decisions to not correct an error are made on a case by case basis and do not usually apply across a class or group of customers or cases.

All error correction decisions whether a decision is made to correct an error or not correct an error, must be documented in the most relevant window in Cuba and customers must be notified of the decision and provided their review rights. For errors affecting:

• an individual customer record, document the decision in the client details notepad
• a case, document on the case notepad

Document all discussions with customers in their relevant communication window.

Cases involving suspected fraudulent activity must be reported, see Report Suspected Fraud and Corruption.

The Resources page contains examples of simple, complex and other types of errors.

Escalate any non-simple clerical errors to the Program Advice team for advice and/or approval.

Do not follow the correcting errors process for:

• a document that needs to be deleted from a customer's record, see Documenting Child Support information
• a name mismatch between Child Support and Centrelink, identified through any Centrelink care intray
• disputed decisions, see Child Support Objections

Service Officer (SO3 and above)

SO3 and SO4 levels must refer complex error recommendations to a Service Support Officer (SSO) for authorisation. If a Service Officer is unsure or not confident in correcting the error, they must seek technical support. SO3 and above can:

• process simple error decisions to correct an error
• escalate a complex correcting errors submission and recommendations for decisions outside of their delegation, including decisions to not correct an error
• process and finalise error decisions in line with appropriate authorisation

Service Support Officer (SSO), Parent Support Team (SO5), Solutions Gateway Team (SO5) and Complex Case Managers in Multicultural and Tailored Services Branch

• Process simple error decisions to correct an error
• Provide guidance and support for simple error corrections
• Process and authorise complex error recommendations that do not require escalation to the PSM or Program Advice Team
• Escalate a complex correcting errors submission and recommendations for decisions outside of their delegation, including decisions to not correct an error
• Process and finalise error decisions in line with appropriate authorisation

Program Support Manager (PSM)

• Authorise complex error recommendations that require PSM approval (including New Customer and Mainstream Services PSM who are authorised to make certain parentage related decisions invalid)
• Authorise simple and complex error decisions to not correct an error (where both customers agree or one parent does not want the error corrected and the other parent is uncontactable)
• Escalate a complex correcting errors submission and recommendations for decisions outside of their delegation (for example, invalid decisions or decisions to not correct where customers do not agree)
• Co-ordinate how invalid decisions are implemented
• Liaise with Program Advice in regards to Complex errors at their delegation

Child Support Program Advice team

• Review and consider recommendations from PSM’s
• Liaise with PSM’s and provide written instructions and/or authorisation of decisions at their delegation
• Review and consider non-simple clerical errors