Make decision and finalise Child Support objection 277-09170050

Consider all relevant evidence, legislation and policy. Make a decision based on:

• the established facts of the case
• the relevant legislative provisions of the Child Support Acts
• any applicable policy including the objectives and principles of the Child Support scheme

Make a decision on an objection within 60 days of lodgement. The timeframe is 120 days when one or both customers live in a reciprocating jurisdiction. See the References page for a link to CS Guide 1.5.1 Australia’s international maintenance arrangements.

See principles of administrative decision making for more information about what to consider when making an administrative decision.

For more information on Care objections see Care Objections - Care considerations for care percentage decisions.

For more information on Part 6A objections see the Table 2.

Contact the other decision makers and Team Leader to agree on an issue resolution strategy if, before the objection decision has been made, the customer lodges:

• an administrative change
• a change of assessment (COA) application
• a further objection, or
• an Administrative Appeals Tribunal (AAT) appeal

Contact customer to discuss the likely outcome according to their circumstances.

Personalised Services managed customer + Read more ...

All other customers + Read more ...

Contrary outcome + Read more ...

Use the Statement of Reasons macro to write the Statement of Reasons report.

Send this report to notify customers of the objection decision and explain the rationale behind it.

Write a concise report using only the relevant facts.

See https://ourblueprint.internal.dept.local/Content/attachments/separated-parents-wiki/specialised-assessments-services/guide-to-writing-sor-hatt.pdfResources page for guidance on how to write the Statement of Reasons report.

If a customer is managed by Personalised Services, email the decision to the PSCM before sending it to the customers. See Personalised Services.

Note: from 17 February 2015, Service Officers (SO6) determining Part 6A Objections have the power to:

• allow an objection, and
• make a new decision under Part 6A of the Child Support (Assessment) Act.

The role of ‘EL1 Delegate’ has been abolished. Until the Part 6A Objections Statement of Reasons template is updated, delete the ‘recommended by’ signature block and modify as follows:
Approved by:
[insert Objections Service Officer name]
(For)
General Manager
Child Support Smart Centres

If changing the original decision, decide which period the decision should cover based on the circumstances of the case. If the circumstances are not likely to change much, make the decision for a longer period.

Record a new COA application in Cuba, if:

• Part 6A objection is allowed, and
• the original decision was refused before all parties were involved because a reason was not established, or
• it was not just or equitable for the child or either party, or otherwise proper

To record a new COA application in Cuba, with the application date of the original COA application date:

• record a notepad, referencing the Part 6A decision
• route the COA in Progress intray created to:
• Region: National Office
• Office: National Office
• Stream/Team: SP NAT COA ALLOCATIONS
• Position: A – CDM PRIORITY ALLOC
• Route all other COA intrays created to:
• Region: National Office
• Office: National Office
• Stream/Team: SP NAT COA ALLOCATIONS
• Position: ZZ – ACCESS POINT

See Change of Assessment Cuba Process Help, Record a new COA application and Intray management Cuba Process Help

Where a customer has multiple cases, and the Part 6A objection decision has

• increased their adjusted taxable income, make a capacity to pay referral. This ensures fairness and equity in all their active cases. Refer to the capacity to pay referral guidelines.
• decreased their adjusted taxable income, talk to the customer about ways to use this income in other child support assessments. This could include:
• making a COA application or
• objecting to existing COA decision on their other active cases

If a decision changes the assessment under Reason 2, to determine whether to send the decision to Centrelink. See the Resources page and refer to COA Reason 2 Decision and potential FTB implications.

To ensure the assessment is fair and equitable make a Capacity to Pay referral if:

• the applicant withdrew their Part 6A objection and
• the Part 6A Objections Officer believes the income used in the current assessment does not accurately represent customer’s income, property or financial resources. ie. (potential COA Reason 8)

See the capacity to pay referral guidelines.

Document the objection outcome in the Objection Maintenance window.

Save the Statement of Reasons in the Objection Maintenance window notepad with the relevant subject heading ‘Allowed Objection’/’Part Allowed Objection’ or ‘Disallowed Objection.’

Make the required changes in Cuba to give effect to the objection decision. E.g., change the care percentages for the relevant period(s).

Reference the decision in the relevant Cuba window. E.g.,, a note on the non-agency payment (NAP) window summarising the changes from the objection about a NAP.

Delete the MAC 1-4 Change to annual rate letter that automatically generates after processing a formula modification in Cuba. This letter provides incorrect information about the customer's appeal rights. Assessment letters will generate with the MX14-1 Outcome of objection (non-NAP) letter if generated on the same day. See Objections Cuba Process Help.

Delete all outstanding intrays relating to the objection. See Intray management Cuba Process Help.

Take follow up action in accordance with the Common and specialised activities for Child Support staff.

Check whether processing the objection has caused a role reversal to occur. If it has, see Managing reverse child support cases. This contains important information about collection options and ensuring the case is accurate.

If required, refer to the Resources page and update all electronic files to ensure they:

• contain the relevant documents in the Child Support objections checklist, and
• have been filed according to the Objection Electronic File Management toolkit

For International cases where the liability is transmitted to an overseas jurisdiction create an International Sthold follow up intray. Give the intray a 4 day due date. Include the details of the outcome of the objection decision in the notepad. Route the intray to:

• Office: International Hobart
• Stream/team: MC SOO3 CENT AUTH TM1
• Position: A- TRANSMITTAL REVIEW

If disbursements have been suspended, they must remain suspended and the customer locked to the Objection Officer until the appeal period of 28 calendar days/90 days for customers in a reciprocating jurisdiction (plus postage time of 12 business days) has passed.

If during this time the customer requests a review of the decision by the AAT, the customer will continue to be managed by the Objections Officer until the AAT decision is finalised. See Suspending disbursements of Child Support and the References page for a link to Child Support Guide 5.5.4: Suspending payments to payees for more information.

The process for finalising the objection depends on the reason for finalising.

• If the objection is being finalised because the applicant had no intent to lodge and objection, go to Step 2
• If the objection is being finalised because it is improperly made, go to Step 3
• If the objection is being finalised because it contains offensive content, go to Step 4
• If the objection is being finalised because it is withdrawn, go to Step 5
• If the objection is being finalised because a decision has been made, go to Step 6

If the applicant did not intend to lodge, then it is not an objection.

To finalise:

• create a new notepad in the Objection Maintenance window. Use the subject heading 'No Intent to Object'. Paste the document generated from the Objection First Contact macro
• delete the objection record for the potential objection in the Objection Maintenance window
• delete all outstanding intrays relating to the objection
• undertake follow up action in accordance with the Customer Management Approach (CMA) for Child Support

Procedure ends here.

An objection has not been properly made if:

• it is not from a person who may object against a decision which carries objection rights
• it is not against a decision which carries objection rights
• it was lodged out of time and an extension of time has not been granted

If an objection was not properly made:

• Create a new notepad in the Objection Maintenance window notepad. Use the subject heading ‘Improperly made Objection’. Document the reason why it cannot be considered
• Update the Objection Maintenance window by marking the objection as invalid
• Send an MX0-1 unique letter using the UQ50.12 - Objection not accepted Special circumstances template to the applicant. See Letters Cuba Process Help, Create a Unique letter
• Undertake follow up action in accordance with the Customer Management Approach (CMA) for Child Support

Procedure ends here.

To finalise an objection that is improperly made (invalid) due to offensive or FDV content:

• In the Objection Maintenance window, create a new notepad with the subject heading 'Improperly made Objection’. Document the reasons for not being able to consider the objection
• Contact the customer within 2 working days of receiving advice from Program Advice to advise:
• their objection was improperly made due to offensive content
• they may lodge another objection without the offensive content
• the objection must still be received within 28 days of notification of the original decision. No special dispensation applies if the objection was improperly made
• if applicable, they need to include an extension of time request
• Send an  MX0-1 unique letter advising the customer the objection cannot be accepted. Advise that it is improperly made because it contains offensive content
• Undertake follow up action in accordance with the Customer Management Approach (CMA) for Child Support

Procedure ends here.

If the applicant elects to withdraw the objection, make sure they:

• understand it is their choice to withdraw the objection
• understand they cannot request a review of a withdrawn objection as no decision has been made
• are given a cooling off period of at least 48 hours before finalising the objection as 'withdrawn' in Cuba
• are aware that they must contact the Objection Service Officer within the 48 hour cooling off period if they decide to change their decision about withdrawing
• have been advised of any alternative administrative options, where applicable
• are aware they can re-lodge an objection at any time, but may also need to lodge an application for an Extension of Time (EOT)

The Objections Service Officer should create a 48 Hr Cooling Off Period intray to monitor the cooling off period.

In the Objection Maintenance window, document the discussion with the customer. Make sure the notepad includes their reasons for the withdrawal.

If, at the conclusion of the 48-hour cooling off period, the applicant has not cancelled their withdrawal:

• in the Objection Maintenance window, using a new subject heading 'Withdrawn Objection’, document finalisation of the withdrawal
• update the Objection Maintenance window as withdrawn
• send an MX0-1 unique letter using the UQ50.00 - Objection withdrawn template
• if the respondent has been contacted about the objection send a UQ50.11 - Objection withdrawn - respondent letter
• check all the documents used in the decision-making process have been stored in accordance with the electronic filing principles
• undertake follow up action in accordance with the Customer Management Approach (CMA) for Child Support

Procedure ends here.

Part 6A objections

Provide feedback to the original decision maker for all Part 6A Objections finalised. The only exception is invalid objections.

General objections

General objections must provide feedback where the officer undertaking the review identifies:

• misapplication of law
• incorrect finding of fact
• procedural error (including insufficient contact, investigation or follow up)
• several grammatical or typographical errors

Also provide feedback if:

• it would benefit the recipient, or
• a Service Officer:
• provided exceptional customer service, or
• performed their role well and achieved outcomes for the customer and Child Support.

To provide feedback:

• complete the Staff Feedback Tool
• attach the finalised objection report
• email the feedback summary to Team Leader within 2 business days of finalising the objection

Document the feedback, including the reason for changing the decision, in the Objections Maintenance window notepad. Use the subject heading 'Feedback provided'. See Documenting Child Support information.

Team Leaders:

• review the feedback form to ensure it accurately records the issues
• forward the feedback to the original decision maker’s Team Leader within 2 business days

See Child Support Objections to determine appropriate contact requirements for each customer.

Finalise the decision before informing the customer of a contrary decision.

Start attempts to contact the parties the day after processing the contrary decision and issuing letters.

Finalise all contact attempts within three days of the decision being finalised.

If a Personalised Services Case Manager (PSCM) manages either party, immediately inform the PSCM about the objection decision. Determine who will discuss the outcome of the objection with the customer. Consider a three-way conversation with the customer so that the issue is appropriately managed. The same notification timeframes apply to customers managed by Personalised Services.

Undertake minimum collection activity if the case has a debt.

Use the Statement of Reasons (SoR) to:

• explain the decision
• address the issues and concerns raised to prevent:
• reverse workflow from complaints,
• appeals to the AAT, or
• lengthy repeat phone calls from customers
• ensure customers understand this is not an opportunity to have the decision reviewed or changed

Note: there is no need to send a separate ‘Please Contact’ letter if attempts to contact the customer(s) fail.

• Unlock customers after completing these steps by selecting ' Ownership Rules ' in the Customer Transfer window

Part 6A Objections

Part 6A Objections Officers must also discuss:

• a potential ‘Capacity to Pay’ referral to ensure fairness and equity in child support payments if:
• the customer has multiple cases, and
• the Objections process did not consider all cases, and
• their adjusted taxable income is likely to increase
• Where the objection decision is likely to decrease their income, this will not reduce their income on any other cases. To reduce their income in those assessments they will need, for each other active case:
• a COA application or
• an objection to an existing COA decision

Other issues may be identified but not taken into account in the objection process. These may include non-agency payments, changes in care and estimates of income. Document in an Objections notepad and create a Part 6A General Follow Up intray. This will auto route for SAS allocation with a notepad detailing the follow up action(s).

Part 6A Objections Service Officers can unlock customers when they have:

• completed the decision
• explained the outcome to both customers
• undertaken minimum collection activity
• issued the Statement of Reasons
• finalised the case in Cuba