Extension of time (EOT) review lodged against Child Support decisions 277-09180020
This page contains information outlining the process steps to follow when the Administrative Appeals Tribunal (AAT) sends a Request for statement or Request for Copy of Decision to Child Support.
On this page:
AAT Request for Documents – subsection 93(2)
AAT Request for statement
Table 1: this table describes the process when Child Support receives a Request for statement from AAT for a Child Support refusal of EOT to object (EOT refusal).
Step |
Action |
1 |
Record review application in Cuba (Service Officer) + Read more ... Create a notepad with a subject heading ‘File location’ on the SSAT Maintenance window; and document the location of the file and, if applicable, the RACS level (1, 2 or 3) of the case. See Documenting Child Support information. Save documentation in Cuba (SSAT Maintenance Window)
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2 |
Action EOT Refusal - Service Officer + Read more ... Prepare a file for an EOT refusal Save:
Locate and retrieve paper and electronic records relevant to the EOT refusal. See Table 2 in Management of files sent to the Administrative Appeals Tribunal (AAT). Save any relevant documents using the agreed naming conventions. When the documents are combined into the one PDF file, they should be sorted into the correct order for submission. Delete personal information. Usually, there is only one party to the review of the Child Support EOT refusal and the only information removed for the applicant is their Tax File number. If the AAT make the other parent a party to the review, they will notify Child Support by email. If the AAT does make the other parent a party, consider the ‘Preparing documents for disclosure to the Administrative Appeals Tribunal’ and identify if there is any information that is relevant to the review of the decision, but which may require redaction. Consider if any exception handling is necessary. See Table 5 in Management of files sent to the Administrative Appeals Tribunal (AAT). Combine all documents into a single PDF file in the correct order. |
3 |
Quality check the EOT file – Service Support Officer (SSO) + Read more ... When the file is compiled, the SSO will complete a compliance and privacy check on the final AAT file to:
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4 |
Finalise the file for an EOT refusal + Read more ... Submitting the EOT refusal file to the AAT Prepare the s37(1) Statements and documents’ coversheet and save it in PDF format as the first document in the bundle to be submitted to AAT. The cover page must clearly identify the security classification of the contents of the bundle. The AAT file must be submitted to the AAT within 28 days of the ‘Record of Application’ being received. The final EOT refusal file is submitted to the tribunal via Bluezone (FTP service). Update the SSAT Maintenance window notepad in Cuba and the AAT database to reflect the AAT file has been sent to the AAT and the customer. Preparing the file for despatch to the customer(s) Check whether the AAT has notified Child Support that they have added the other customer in the child support case as a party to the review of the EOT refusal. If so, wherever the instructions in the following step refer to preparing a covering letter or making a copy of the file or sending a copy of the file to the applicant, also do the same for the added other party. Prepare the covering letter to the applicant (MX19-1). See Letters Cuba Process Help. Preparation and despatch of letter and file to customer(s)
If the edited documents are less than 10 pages, they may be stapled. Send files by Express Post or Registered Mail. These files must be double enveloped. If the parent is on tracing or if the file is returned unclaimed, notify the AAT by email and undertake customer location activities. Document any tracing action taken in Cuba. |
5 |
AAT notifies Child Support of the outcome of their review of the EOT refusal + Read more ... The AAT will notify Child Support of the outcome of their review of the EOT refusal decision. The AAT outcome could be:
Create in intray ‘Objection Lodged’ and route to:
To continue completing the actions required to update the notepad and database, go to Step 6. |
6 |
Update notepad and database with outcome of review of EOT refusal (Service Officer) + Read more ... The AAT will notify via email when they finalise a review that cannot proceed because the AAT has affirmed Child Support’s refusal of the customer’s EOT application. The Service Officer will:
No further action is required. |
AAT Request for Documents – subsection 93(2)
Table 2: this table describes the process when Child Support receives a Request for documents – Subsection 93(2) from the AAT.
Step |
Action |
1 |
Record request for documents for AAT EOT application (Service Officer) + Read more ... Update the Communication window notepad on Cuba and the AAT database to reflect the ‘Request for documents – s93(2)’ has been received. Copy the ‘Request for documents – s93(2) email to the Communication window notepad, noting that it is an exact copy of the original and the number of attachments included in the email. See Documentation Cuba Process Help. Note: applications for review from RACS customers must be processed by an ASO with the appropriate RACS access level. |
2 |
Create initial file for AAT EOT application (Service Officer) + Read more ... Create an electronic file and include:
Save all documents using the agreed naming conventions. Sort the document into the correct order for submission to the AAT. See Table 2 in Management of files sent to the Administrative Appeals Tribunal (AAT) for the agreed correct order for files lodged with the AAT. In the AAT EOT application, the applicant is usually the only party to the application being considered by the AAT. If the AAT make the other parent a party to the application for an extension of time for review, they will notify Child Support via email. Note: it is uncommon for the AAT to add the other parent as a party to the AAT EOT application. If there is only one party to an application, the only information removed for the applicant is their Tax File number. However, because the full file will eventually have to be provided to both customers (if the AAT grant the extension of time for review), prepare the file in the same way as if it was being prepared for a substantive matter (make appropriate redactions as if the documents are being sent to both customers). The exception would be if the AAT is considering an AAT EOT application, where the customer is seeking a review of a Child Support refusal to grant an EOT to object. If the AAT grant their AAT EOT application, usually the only party to the review of the Child Support refusal to grant an EOT would be the applicant. Consider preparing documents for disclosure to the Administrative Appeals Tribunal and identify if there is any information that is relevant to the AAT EOT application or to a review of the underlying objection decision, but which may require redaction. Consider whether any exception handling is necessary See Table 5 in Management of files sent to the Administrative Appeals Tribunal (AAT). Combine all documents into a single PDF file in the correct order. |
3 |
Quality check the AAT EOT application – Service Support Officer (SSO) + Read more ... When the file is compiled, the SSO will complete a privacy check on the final AAT file by:
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4 |
Finalise the file for an AAT EOT application + Read more ... Complete the AAT EOT s93(2) cover sheet and save this to the electronic file in PDF format as the first document in the bundle to be submitted to AAT. The cover page must clearly identify the security classification of the contents of the bundle. The AAT EOT application file must be submitted to the AAT within 28 days of the ‘Request for documents – subsection 93(2)’ being received. The final AAT EOT application file is submitted to the tribunal via Bluezone (FTP server). Update the Communication window notepad on Cuba and the AAT database to reflect the AAT EOT application file has been sent to the AAT. Note: the AAT EOT application file is only provided to the AAT at this stage. No copies are provided to the customers, as the AAT have not yet decided if an application for review will proceed. No further action is required until the AAT notify Child Support of the outcome of their AAT EOT application. |
5 |
AAT notifies Child Support of the outcome of their AAT EOT application + Read more ... The AAT will notify Child Support of the outcome of their AAT EOT application. Document this in Communication window as an additional notepad to the existing record of the AAT’s ‘Request for applicant details’. See Documenting Child Support information. If the AAT:
The Service Officer will:
The Service Officer will complete the AAT Details of 2nd party template with the details of the 2nd part and email it to the AAT. Note: this must be completed within 3 working days of notification to the Registrar. |
6 |
Sending documents to the customer(s) and AAT + Read more ... Follow the instructions below in Steps 7 to 9. Completing each step will involve using the listed Operational Blueprint procedures and making the adjustments outlined in each step:
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7 |
Administrative Appeals Tribunal (AAT) applications against Child Support objection decisions + Read more ... Complete Table, Steps 4 to 6 Administrative Appeals Tribunal (AAT) applications against Child Support objection decisions, with the following adjustments:
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8 |
Management of files sent to the Administrative Appeals Tribunal (AAT) (CS) + Read more ... Complete all steps in the Process page tables of Management of files sent to the Administrative Appeals Tribunal (AAT) with the following adjustments: Create initial file table
Exception handling table Exception handling should not be required as the final AAT EOT application file would have already been prepared on the basis that it might have to be provided to both parties and it should already have been fully considered for any exception handling required. The final AAT EOT application file will now be used as the Initial AAT file for the ongoing review (using the new Review number). As no further information is being added to the file yet (except for replacing the original record of application with the updated record of application), no further exception handling should be needed at this stage. |
9 |
Processing Administrative Appeals Tribunal (AAT) hearing details and additional documents (CS) + Read more ... Complete all steps in Processing Administration Appeals Tribunal (AAT) hearing details and additional documents (CS), with the following adjustments:
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10 |
AAT EOT Review not to continue (Service Officer) + Read more ... The AAT will notify Child Support via email, when they finalise a review that cannot proceed because the AAT has rejected a customer's AAT EOT application. The Service Officer will:
No further action is required. |