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

When a person lodges an application with the ART, the ART will notify the Child Support via the Appeals mailbox.

The following 2 emails will be received.

Record of Application Lodgement - A copy of the application as lodged by the person at the ART

This email will include (if available):

• an electronic copy of the appeal application, and
• any documents provided by the customer at the time of lodgement

Request for Applicant Details - a request for Child Support to provide:

• the date of notification of the objection decision (or decision to refuse an extension of time to lodge an objection)
• how that decision was notified (electronic or post)
• details of the applicant
• a copy of the objection decision, and
• details of the other party(s) to the review (or other persons who may be affected by the decision under review)

Check the following details provided by the ART against Child Support records, and inform the ART of any differences:

• Applicant’s name
• Address
• Date of Birth
• CSRN
• ART review number (e.g. 2016/MC001234)
• Potential Objection decision type
• Potential Objection decision dates

Review the emails and attachments received to locate the applicant in Cuba and confirm the information matches the ART record.

If a person cannot be found in Cuba using the information provided, reply to the ART to ask for more details.

Create a new Review Record in Cuba

Create a new review record using the detail in the ‘Record of Application Lodgement’ email.

In the Tribunal Review Management window:

• select
• key or use the dropdown menu to record:
• Review Level: ‘ART1’
• Reference Number:
• Lodged by:
• Lodgement Date:
• ART Office:
• record a new notepad
• Subject: Record of Application [Review Number]
• Body: [insert email timestamp and content of Record of Application Lodgement email word document]
• select

Creating a new ART record in Cuba automatically generates a Tribunal Review Lodged intray.

Mailbox

Move the email to the 1. Record of Application folder.

Create a new Review Record in AST Database

Create a new review record using the detail in the ‘Record of Application Lodgement’ email.

In the AST database create a new record by entering:

• Applicant Name
• Date Review Lodged
• Reference Number
• Tribunal Office
• Review Category
• CSP Case Number

Use the information provided by the ART to review recently made decisions and determine if there is an objection decision relating to the application.

Where there are:

• multiple objection decisions in a short period, the application and supporting evidence may help in determining which decision is intended to be reviewed
• no objections, review recent customer interactions including complaints to help identify the reason the person made an application to the ART

Child Support must respond the ‘Request for Applicant Details’ email within 3 business days of receiving the email.

Reply to the ‘Request for Applicant Details’ email using one of the below processes.

If there is more than one potential reviewable decision:

• provide the ART with a copy of each decision, and
• ask them to:
• clarify with the applicant which decision they wish to have reviewed, or
• to issue new review numbers for each decision

Reviewable decision identified

If a reviewable decision is identified:

• complete the UQ70.04 ART Initial information received template
• attach a PDF copy of the Objection Decision

Reviewable decision - EOT refusal

If the identified decision is a refusal of an EOT to object:

• complete the UQ70 – Applicant Details – Child Support EOT response template
• attach a PDF copy of the EOT refusal decision

Note: child support EOT reviews are ‘single’ party, meaning only the applicant party is involved in the review process.

No reviewable decision identified / Not a child support customer

An application may not be valid when;

• the applicant is not a child support customer
• there is no objection lodged or finalised against the original decision
• the decision does not carry ART first review rights, or
• an ART first review decision has previously been made regarding the decision

Where any of the above circumstances are applicable:

• complete the UQ70 – Applicant Details – No Objection response template.

If applicable, attach a copy of the original decision letter or ART First review decision if it will help the ART in their discussions with the applicant

Mailbox

Move the email to the 4. Finalised and Actioned folder.

In the Tribunal Review Management window, document the:

• ‘Request for Applicant Details’ email, and
• response sent

Go to the review record. Create a new notepad for:

• ‘Request for Applicant Details’ email:
• Subject: Request for Applicant details
• Body: [insert email timestamp and content of Request for Applicant Details email word document]
• Response to ‘Request for Applicant Details’ email:
• Subject: Resp to Req for Applicant Details
• Body: [insert email timestamp and body of the response sent to the ART]

The Tribunal will review the response and advise if the review is to proceed or not.

The Tribunal will review the response provided by Child Support. Where applicable they will provide the customer an opportunity to clarify which decision they would like reviewed and/or make an EOT application.

The Tribunal will notify Child Support via email if the review is to proceed or not proceed with the following outcomes:

• Cancelled/Registered in error, go to Step 2
• Incomplete application, go to Step 3
• Withdrawn, go to Step 4
• Dismissed, go to Step 5
• Request for documents - subsection 93(2), go to Step 6
• Request for statement - section 23, go to Step 7

The Tribunal may advise a review is not to proceed and has been Cancelled or Registered in Error. This may occur where:

• duplicate reviews were raised against a single decision, or
• a review was raised with the incorrect Tribunal division

Child Support will receive an Ad-Hoc email advising of this. The Program Officer managing the Appeals Support mailbox will do the following.

Finalise the AST Database

• Update the Review Category of the record to be Registered in Error/Cancelled
• Complete all the fields in the Review Outcome Details section with the Outcome Type as Cancelled/Error

Record the outcome in Cuba

In the Tribunal Record Management window:

• go to the review record
• highlight the ART record and key or use the dropdown menu to complete the fields:
• Decision Date: The date the ART email was received
• Decision: ‘Did Not Proceed’
• Reasons for Decision: ‘other’
• SCS Info: Do not complete
• record a new notepad:
• Subject: Review Cancelled / Registered in Error
• Body: [insert email timestamp and body of email from ART]

Mailbox

• Move the email to the 4. Finalised and Actioned folder

Procedure ends here.

The Tribunal will make the application incomplete when a person:

• lodges a review application outside the timeframes, and
• fails to make a written application for an Extension of Time (ART EOT)

Child Support will receive a ‘Incomplete Application (No Extension of Time Application)’ email. The Program Officer managing the Appeals Support mailbox will do the following.

Finalise the AST Database

• Update the Review Category of the record to be ART EOT – COA or ART EOT - General
• Complete all the fields in the Review Outcome Details section with the Outcome Type as Invalid

Record the outcome in Cuba

In the Tribunal Record Management window:

• go to the review record
• highlight the ART record and key or use the dropdown menu to complete the fields:
• Review Level: EOT
• Decision Date: The date the ART declared the review incomplete
• Decision: ‘Did Not Proceed’
• Reasons for Decision: ‘other’
• SCS Info: Do not complete
• record a new notepad:
• Subject: Incomplete Review Application
• Body: [insert email timestamp and of attached word document from the ART email]

Mailbox

• Move the email to the 4. Finalised and Actioned folder

Procedure ends here.

An applicant may withdraw their application for review at any stage. The applicant has a period of time to apply to the Tribunal to have the review reinstated. The review will not proceed unless the Tribunal advises it is to be reinstated.

If an ‘Application Withdrawn’ email is received, see Administrative Review Tribunal (ART) review dismissed, withdrawn or reinstated.

The Tribunal may dismiss an application for review for various reasons, meaning the review will not proceed.

If an ‘Application Dismissed’ email is received, see Administrative Review Tribunal (ART) review dismissed, withdrawn or reinstated.

The Tribunal will issue a request for documents and information about a decision where a person makes an application for:

• review outside of the timeframe, and
• an EOT

If a ‘Request for Documents – subsection 93(2)’ email is received, see Extension of time (EOT) for an Administrative Review Tribunal (ART) first review.

Where an application is made in time and is to proceed, the Tribunal will issue a request under section 23 of the ART Act. The Registrar must provide a copy of every document relevant to the review of the decision and is in the possession or under the control within 28 days.

Child Support will receive a ‘Request for Statement’ email with an attached ‘Statement Request’ word document.

Note: the Tribunal have powers to shorten the standard 28 day timeframe. Review the ‘Statement Request’ attachment to identify if Tribunal have specified a shorter timeframe than 28 days.

Is the decision for review a care decision?

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

Review of care decision when loaded into Cuba needs extra steps due to alignment of care.

Update the AST Database

• Go to the review record in the AST Database
• Check the review category and objection decision details are correct
• In the Mailbox Details section, key the date the ‘Request for Documents’ was generated in the Documents Requested date field. This generates a due date of 28 days
• If the Tribunal have shortened the timeframe, overwrite the populated date with the date specified by the Tribunal

Update Cuba

In the Tribunal Record Management window:

• go to the review record
• check the Review Level is set to ART1
• select Link Objection, this will go to the Objection Maintenance window
• highlight the Objection under review from the Objection List box
• select Edit > Link to ART from the menu, this goes back to the Tribunal Review Management window
• key the Document Request Date
• record a new notepad:
• Subject: Request for Statement DUE DD/MM/YYYY’
• Body: [Copy and paste the contents of the word document into the notepad]
• record a second notepad:
• Subject: ‘***Electronic File Location***’
• Body: ‘Electronic ART file. Stored in NATIONAL WORK ALLOCATION folder.’

Mailbox

• Move the ‘Request for Statement’ email to the 3. Req for Statements and Documents folder
• Locate the ‘Record of Application Lodgement’ email. Place a copy of the email in the national allocation shared drive folder

Procedure ends here

Update the AST Database

• Go to the review record in the AST Database
• Check the review category and objection decision details are correct
• In the Mailbox Details section, key the date the ‘Request for Documents’ was generated in the Documents Requested date field. This generates a due date of 28 days
• If the Tribunal have shortened the timeframe, overwrite the populated date with the date specified by the Tribunal

Update Cuba

In the Tribunal Record Management window:

• go to the review record
• check the Review Level is set to ART1
• select Link Objection, this will go to the Objection Maintenance window
• highlight the Objection under review from the Objection List box
• select Edit > Link to ART from the menu, this goes back to the Tribunal Review Management window
• key the Document Request Date
• record a new notepad:
• Subject: Request for Statement DUE DD/MM/YYYY
• Body: [Copy and paste the contents of the word document into the notepad]
• record a second notepad:
• Subject: ‘***Electronic File Location***’
• Body: ‘Electronic ART file. Stored in NATIONAL WORK ALLOCATION folder.’

Mailbox

• Move the ‘Request for Statement’ email to the 3. Req for Statements and Documents folder.
• Place a copy of the ‘Record of Application Lodgement’ email in the national allocation shared drive folder

Procedure ends here.

An Ad-Hoc request is received when ART:

• follow-up on an overdue email
• need more information about an email which has already been responded to
• are responding to a request from Child Support

Read the email from ART and identify the action needed.

If the Program Officer

• can respond - reply to that email received and include any additional emails that were included (the email trail) for full context
• cannot respond -forward the request to the relevant officer/mailbox for a response (e.g., the AST National program mailbox or PSM Complex care).