Administrative Review Tribunal (ART) applications against Child Support objection decisions 277-09180010

A person may apply to the ART for a first review of a decision to:

• allow, part-allow or disallow an objection, or
• refuse an application for an extension of time (EOT) to lodge an objection

The ART refer to this process as an application for review.

Both parties can lodge an appeal to the same decision. This is called a cross appeal.

A person may lodge an application for an ART review over the phone, in writing or in person with the ART.

If a person calls Services Australia to challenge an objection decision, encourage them to contact ART to lodge an application for review.

Note: an applicant may elect to withdraw their application for review before the ART makes a decision. If the applicant withdraws the review and the respondent wishes to proceed, the ART will consider reinstating the review. For more information, see Administrative Review Tribunal (ART) review dismissed, withdrawn or reinstated.

• A person must apply for an ART review within 28 days (90 days for a person in a reciprocating jurisdiction) of the date they received notice of the objection decision
• If the time limit has passed, they can apply to the ART for an extension of time (EOT) to lodge their application for a review
• The ART is not required to notify other parties to an application for an EOT for review unless the ART or a court grant the EOT application

Care percentage objection decisions

• The time limits on making an application to the ART do not apply for care percentage objection decisions
• The ART decision will have effect from the date the application to the ART was made if the:
• person applied to the ART more than 28 days after receiving the objection decision (90 days for a person in a reciprocating jurisdiction), and
• ART decision varies or sets aside the objection decision, substituting a new decision
• The ART can consider if special circumstances prevented the application being made within time. If satisfied special circumstances do exist, they may decide that the application to the ART for review was lodged within time
• The ART must provide written notice of a decision to make or not make a determination to the persons affected by the decision
• A person dissatisfied with the ART’s decision about special circumstances may apply to the ART for second review of the decision

Care special circumstances determinations - section 87AA Child Support (Registration and Collection) Act (CSRC Act) 1988

• A care objection may make a determination of special circumstances under section 87AA of the CSRC Act
• A special circumstances determination is considered a separate decision to the care percentage
• If a person is applying for a review of a special circumstances determination, they must apply within 28 days (90 days for a person in a reciprocating jurisdiction) or apply for an extension of time

See the Background page in Administrative Review Tribunal (ART) applications against Child Support for information about roles and responsibilities.