Extension of time (EOT) review lodged against Child Support decisions 277-09180020

If a customer is dissatisfied with a Child Support decision, they may object. The Objection must be lodged within 28 days (or 90 days for parents who reside overseas in a reciprocating jurisdiction) of the date they received notification of the decision.

If an objection is not lodged within 28 days (or 90 for reciprocating jurisdictions), a customer can lodge an objection and an application for an Extension of Time (EOT) to object. If Child Support does not grant the EOT to object, this is called an EOT refusal.

Following an EOT refusal, the customer can make an application to the AAT to review the EOT refusal decision. Note: care percentage decisions are exempt from this timeframe.

If a customer makes an application to the AAT to review the EOT refusal, the AAT will make initial contact with the Appeals Support Team (AST) seeking applicant details and a copy of the decision. See Administrative Appeal Tribunal (AAT) applications against Child Support decisions.

Once the AAT has considered the information in our response, they will either notify the AST that the review will not be continuing, or they will request further information from the AST by sending a ‘Request for statement’, and providing a ‘Record of Application’.

For an AAT review of a Child Support EOT refusal, the ‘Request for statement’ requires documents that:

• give reasons for Child Support’s decision not to grant the EOT
• sets out the findings of fact, and/or
• refers to the evidence on which the findings were based

Note: if the review continues, Child Support must provide all documents to the AAT within 28 days.

A parent must apply for an AAT first review of an objection decision within 28 days (or 90 days for parents who reside overseas in a reciprocating jurisdiction) of the date they received the notice of the decision from Child Support.

Note: if a customer applies for a review of a care percentage objection decision from 1 July 2010, the usual time restrictions on making an application to the AAT for an AAT first review do not apply.

If the period for applying for review to the AAT has ended, the customer may make an application for review and ask the AAT to consider an EOT to lodge the objection.

The AAT will contact the Appeal Support Team (AST) to notify Child Support that they are considering an application from the customer. In the initial contact the AAT will seek applicant details and a copy of the relevant objection decision. See Administrative Appeal Tribunal (AAT) applications against Child Support decisions.

As this is not yet a review, all communications regarding information requested by the AAT from Child Support are recorded in Cuba in the applicant’s Communication window, stacked under the ‘Request for applicant detail’ notepad.

The AAT will use the date Child Support notified the customer of the objection decision to determine whether the review was lodged in time with AAT, or whether an AAT EOT application is required.

Once the AAT has considered the information in our response to that initial request, they will either notify the AST that the review will not be continuing, or they will request further information from the AST.

As a full application for review has not yet been made and accepted by the AAT, section 29AC and the usual requirements to provide information to the AAT in subsection 37(1) of the Administrative Appeals Tribunal Act do not automatically apply.

However, under subsection 93(2) of the Child Support (Registration and Collection) Act, the Tribunal may make a request for the subsection 37(1) type information. Child Support must provide that information within 28 days.

If the AAT is considering an AAT EOT application they will send a ‘Request for documents – subsection 93(2)’

This will require documents that:

• give reasons for Child Support’s decision (the underlying objection decision that the customer wants the AAT to review (if the AAT grants the AAT EOT application)
• sets out the findings of fact, and/or
• refers to the evidence on which the findings were based

The AAT will also need details of any relevant contact with the applicant after the underlying objection decision was notified to them. The AAT will need to see what information/discussions were held with the party about their right to apply to the AAT for a review of the objection decision, to determine whether the customer rested on their rights to seek a review.

Under subsection 93(2) Child Support must provide all these subsection 37(1) type documents to the AAT within 28 days.

Documents for disclosure to the Administrative Appeals Tribunal (and review parties) are:

• complied electronically by the Appeals Support Team
• saved in PDF format and stored in the AST shared drive
• edited using Adobe Acrobat
• submitted to AAT through ‘Bluezone’ (FTP server)
• hard (paper) copies sent to the parties of the review, if required

Child Support, Indigenous & Tailored Services Division

Service Officers at the APS3 and APS4 level:

• Communicate with the AAT in relation to administrative matters
• Manage appeals records in Cuba and the AAT database
• Prepare the AAT file
• Despatch the file to the AAT and the customers
• Process the AAT decision
• Finalise the appeals process
• Store and transfer AAT files

Service Support Officers (SSO) at the APS5 level:

• Check files for completeness and compliance with privacy provisions
• Make decisions to escalate 'exceptions' to their Team Leader
• Provide guidance to APS3 and APS4 Service Officers for escalated matters
• Make non-disclosure applications to the AAT, and

Program Officers at the APS 5 level

• Manage the Appeals Support Team (AST) mailbox
• Communicate with the AAT in relation to administrative matters
• Create and manage appeals records in Cuba and the AAT database

Note: Service Officers below the APS5 level who have the support from their team leader may carry out the roles and responsibilities of an SSO.