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Extension of time (EOT) for an Administrative Review Tribunal (ART) first review 277-09180020



This document outlines the process to follow when an ART EOT application has been made and the ART send a Request for Documents - subsection 93(2).

ART request for documents - subsection 93(2) received

Step

Action

1

Request for Documents – subsection 93(2) email received (Program Officer managing the mailbox) + Read more ...

The Tribunal will send an email with the subject line 'Request for Documents - Subsection 93(2) - Extension of Time Application'.

AST Database

  • Go to the review record in the AST Database
  • Check the review category is set to ‘ART EOT – COA’ or ‘ART EOT – General’
  • 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 EOT
  • remove any linked objection records
  • key the Document Request Date
  • record a new notepad:
  • Subject: ART EOT 93(2) Docs 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 Documents’ 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

2

ART EOT allocated for document preparation - (Service Officer) + Read more ...

EOT application to the Tribunal are built in the same manner as substantive matters, except:

  • Only the Tribunal is provided a copy of the documents. Parties are not involved in an EOT process
  • Do not make an application to prohibit disclosure of information (section 70 of the ART Act) as only the Tribunal receive a copy of the papers

For the process on document preparation, checking, and despatch, see Management of documents sent to the Administrative Review Tribunal (ART).

3

ART EOT Decision – Refused + Read more ...

The Tribunal may make a decision to refuse the applicants EOT request. This means the Tribunal will not proceed with reviewing the Child Support decision. A party may appeal a refusal decision at the ART.

Child Support will receive an ‘Extension of Time Application Refused’ email. The Program Officer Managing the Appeals Support mailbox will do the following.

AST Database

  • Record the outcome by completing all fields in the Review Outcome Details section

Record outcome in Cuba

In the Tribunal Record Management window:

  • go to the review record
  • highlight the ART EOT record and key or use the dropdown menu to complete the fields:
    • Decision Date: The date the EOT decision was made
    • Decision: ‘EOT Refused’
    • Reasons for Decision: ‘Other’
    • SCS Info: Do not complete
  • record a new notepad:
    • Subject: ART EOT Decision: Refused
    • Body: [insert first page of decision text from PDF]
  • delete any intrays associated with the ART EOT review record

Send a copy of the ART email to Cuba to be uploaded to the applicant’s record:

  • To: Cuba
  • Subject: OBJ/TRBDOC/CSRN [Applicant CSRN]
  • In the Body of the email delete any spaces and automatic signature blocks so only the email from the Tribunal is visible

Mailbox

  • Move the email to the 5. ART Decisions folder

Procedure ends here.

4

ART EOT decision - Granted + Read more ...

The Tribunal may make a decision to grant the applicant’s EOT request. This means that the Tribunal will proceed with reviewing the Child Support decision. The Tribunal will issue a new review number for the substantive matter to be heard.

Child Support will receive an ‘Extension of Time Application Refused’ email. The Program Officer managing the Appeals Support mailbox will do the following:

When the Tribunal grants and extension of time application, the ART will send 3 emails:

  • ‘Extension of Time Application Granted/Allowed’
  • ‘Record of Application Lodgement’ (New Review number)
  • ‘Request for 2nd Party Details’ (New Review number)

AST Database

  • Record the outcome by completing all fields in the Review Outcome Details section

Record outcome in Cuba

In the Tribunal Record Management window:

  • go to the review record
  • highlight the ART EOT record and key or use the dropdown menu to complete the fields:
    • Decision Date: The date the EOT decision was made
    • Decision: ‘EOT Granted’
    • Reasons for Decision: ‘Other’
    • SCS Info: Do not complete
  • record a new notepad:
    • Subject: ART EOT Decision: Granted
    • Body: [insert first page of decision text from decision]
  • delete any intrays associated with the ART EOT review record

Send a copy of the ART email to Cuba to be uploaded to the applicant’s record:

  • To: Cuba
  • Subject: OBJ/TRBDOC/CSRN [Applicant CSRN]
  • In the Body of the email delete any spaces and automatic signature blocks so only the email from the Tribunal is visible

Mailbox

Move the email to the 5. ART Decisions folder.

5

Create a new review record (Program Officer managing the mailbox) + Read more ...

Create the new review record as indicated in the ‘Record of Application Lodgement’ email.

AST Database

  • Create a new record using the same details as the ART EOT review. The date the review was lodged at the ART will be the same for the new review number

Update Cuba

Create a new review record In the Tribunal Review Management window:

  • select New
  • key or use the dropdown menu to record:
    • Review Level: ‘ART1’
    • Reference Number: New review reference number
    • Lodged by:
    • Lodgement Date:
    • ART Office:
    • Proceeding Review Ref No: Reference number of ART EOT Granted review
  • 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 Link Objection to the link the review record to the objection decision under review
  • 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 Save

Mailbox

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

6

Respond to Request for 2nd Party Details + Read more ...

AST Database

  • Update the AST Database to reflect:
    • Application Received: Date email received
    • Response Sent: Date response sent

Update Cuba

  • Document a copy of the ‘Request for 2nd Party Details’ email to the review record:
    • Subject: Request for 2nd Party Details
    • Body: [insert email timestamp and content of Request for 2nd Party Details email word document]
  • Prepare and send a response to the ART using the UQ70.24 - ART response to request for second party details template
  • Document a copy of the response email to the review record:
    • Subject: Resp to Req for 2nd Party Details
    • Body: [insert email timestamp and content of Request for 2nd Party Details email word document]

Mailbox

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

7

Request for documents received + Read more ...

The new review is treated as a normal substantive matter, for details on how to process a request for documents, see Administrative Review Tribunal (ART) applications against Child Support objection decisions.