Administrative Review Tribunal (ART) submissions and requests for additional information from Child Support 277-09180040

ART may ask Child Support to exercise information gathering powers to obtain information from another party or entity. This is done under s95J of the Child Support (Registration and Collection) Act 1988. (CSRC Act).

ART will send an email to the Child Support Appeals Support mailbox, with a subject heading:

• ‘Request for Information - s95J CSRCAct’
• ‘ART Ad-hoc email request’, or
• ‘Request for Information’

Child Support must action the email within 24 hours of receipt.

Open the email and check ART have added 2 attachments:

• ‘Request for Information - s95J CSRCAct’ cover page (word document)
• ‘Request’ (PDF)

Check the ‘Request’ PDF to make sure:

• it makes reference to section 95J of the CSRC Act, and
• the text is requiring the Registrar to issue notices to third parties

If the Tribunal has used an incorrect template or legislative references, seek support from the AST Program Support Manager (PSM).

Update Cuba

In the Tribunal Record Management window, go to the review record.

Add a new notepad:

• Subject: ‘section 95J request received’
• Body: [Copy and Paste the text in the ‘Request for Information - s95J CSRCAct’ word document]

AST Database

Locate the review record in the AST database:

• Go to the Directions and Procedures section and open the Section 95J menu
• In the Direction Received field: key the date on the bottom of the ‘Request’ PDF
• Select Tab. This will populate the Due Date field
• In the Comments field: add any extra comments the Appeals Support Team may need

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

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

Select the request type below.

The Appeals Branch (Centrelink Appeals Support Team) will action any request for Centrelink information and documents. Forward the ART email:

• To: ART1.APPEALS
• CC: NATIONALAST ART CORRESPONDENCE
• Subject: FOR ACTION: [Art Review Number] - section 95J Request – DUE: [Due Date from database – 2 business days]
• Body:
  Hello ART1 Appeals,
  
  See attached section 95J request for review [ART Review Number] regarding:
  [Insert Applicable Customer name]
  [Insert applicable customer CRN]
  
  Please provide a response to NATIONALAST.ARTCORRESPONDENCE by COB [Due Date from database – 2 business days]. If you are unable to do so, please let us know as soon as possible.

The Appeals Branch will provide the documents requested via email. When received forward to the Appeals Support team that prepared the original ART documents for processing.

• To: [AST Service Officer who prepared original documents]
• CC: [That teams Service Support Officers (SSO) and Team Leader (TL)]
• Subject: FOR ACTION: [Art Review Number] - section 95J Request – DUE: [Insert Due Date from database]
• Body:
  Hello [AST Service Officer],
  
  See attached section 95J request for review [ART Review Number] due to the ART on [insert due date]
  The Appeals Branch (Centrelink) have already provided the documents requested (see attached). Please prepare the response to send to the Tribunal

Mailbox

Move the email to the 2. 79/26/95J Requests folder.

Process ends here for Appeals Support Mailbox.

The Appeals Support team that prepared the original ART documents will process the section 95J Request. Forward the ART email:

• To: [AST Service Officer who prepared original documents]
• CC: [That teams Service Support Officers (SSO) and Team Leader (TL)]
• Subject: FOR ACTION: [Art Review Number] - section 95J Request – DUE: [Insert Due Date from database]
• Body:
  Hello [AST Service Officer],
  
  See attached section 95J request for review [ART Review Number] due to the ART on [insert due date]

Mailbox

Move the email to the 2. 79/26/95J Requests folder.

Process ends here for Program Officer managing the Appeals Support mailbox.

The Appeals Support team is responsible for issuing any notices under S161 or S120 to the parties specified in the ART request.

Notices must be issued within 7 days of the ART issuing the request. The due date will be specified on the email received and in the database.

Review the request to determine;

• If the details of the notice are correct and can be actioned
• If a notice is required to be sent to a party
• If the information or documents can be gathered internally (ATO Systems)

If there are any issues with the notice speak to an SSO.

Requests for Centrelink information

The Program Officer managing the Appeals Support mailbox will have forwarded documents prepared by the Appeals Branch.

Review the section 95J request to make sure all documents and/or information has been provided.

If all documents and/or information have:

• been provided, go to Step 6
• not been provided, speak with a local Service Support Officer for help

Requests for information held in ATO systems

Complete level 1 searches in the ATO Systems, see External searches guide to obtain the information requested. When completed go to Step 6.

Requests for information from third parties/entities

Follow Child Support’s information gathering powers to issue notices to third parties/entities specified in the ART request.

When all notices have been issued, complete the UQ70.05 ART s95J Request response and send via Bluezone to the ART.

Document a copy in Cuba and monitor for response to the notices.

For help following up responses to notices, see Table 4 in Child Support’s information gathering powers.

• Responses to section 95J are sent to the Tribunal only. Do not send a copy to the customers.
• Collate the information and/or documents requested and combine into a single PDF
• Mark up and apply any appropriate redactions. Tax File Numbers (TFN) must be redacted as a minimum
• Prepare the UQ70.05 ART s95J Request response and the UQ70.06 ART s95J Request response document templates and print to PDF. Add to front of the collated and redacted documents as a cover page
• Send the prepared response and document to the Tribunal via Bluezone

Update Cuba

Document the Date and Time the response was sent to the Tribunal in the review record of the Tribunal Review Management window.

AST Database

Update the section 95J screen in the database to reflect documents have been sent to the Tribunal.

Procedure ends here.

ART may ask Child Support to provide additional potentially relevant information and/or documents under section 26 of the Administrative Review Tribunal Act 2024.

ART will send an email to the Child Support Appeals Support mailbox, with a subject heading:

• ‘Request for Potentially Relevant Information’
• ‘ART Ad-hoc email request’, or
• ‘Request for Information’

Child Support must action the email within 24 hours of receipt.

Open the email and check the ‘Request for Potentially Relevant Information’ cover page (word document) contains:

• reference to section 26 of the ART Act 2024
• a list of information and/or documents requested
• a due date (if not specified, default is 7 days)

Seek support from the AST Program Support Manager (PSM) if the Tribunal has:

• used an incorrect template, or
• legislative references

Update Cuba

In the Tribunal Record Management window, go to the review record.

Add a new notepad:

• Subject: ‘section 26 request received’
• Body: [Copy and Paste the text in the ‘Request for Potentially Relevant Information’ word document]

AST Database

Locate the review record in the AST database:

• Go to the Directions and Procedures section and open the Section 26 menu
• In the Direction Received field: key the date on the bottom of the ‘Request’ PDF
• Select Tab. This will populate the Due Date field default at 7 days
• If the Tribunal have set a different date, overwrite the Due Date with the specified date
• In the Comments field: add any extra comments the Appeals Support Team may need

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

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

Select the request type below.

The Appeals Branch (Centrelink Appeals Support Team) will action any request for Centrelink information and documents. Forward the ART email:

• To: ART1.APPEALS
• CC: NATIONALAST ART CORRESPONDENCE
• Subject: FOR ACTION: [Art Review Number] - section 26 Request – DUE: [Due Date from database – 2 business days]
• Body:
  Hello ART1 Appeals,
  
  See attached section 26 request for review [ART Review Number] regarding:
  [Insert Applicable Customer name]
  [Insert applicable customer CRN]
  
  Please provide a response to NATIONALAST.ARTCORRESPONDENCE by COB [ Due Date from database – 2 business days]. If you are unable to do so please let us know as soon as possible.

The Appeals Branch will provide the documents requested via email. When received forward to the Appeals Support team that prepared the original ART documents for processing.

• To: [AST Service Officer who prepared original documents]
• CC: [That teams Service Support Officers (SSO) and Team Leader (TL)]
• Subject: FOR ACTION: [Art Review Number] - section 26 Request – DUE: [Insert Due Date from database]
• Body:
  Hello [AST Service Officer],
  
  See attached section 26 request for review [ART Review Number] due to the ART on [insert due date]
  The Appeals Branch (Centrelink) have already provided the documents requested (see attached). Please prepare the response to send to the Tribunal

Mailbox

Move the email to the 2. 79/26/95J Requests folder.

Procedure ends here for Program Officer managing the Appeals Support mailbox.

Request for all other information + Read more ...

The Appeals Support team is responsible for collating any information and/or documents specified in the ART request.

The due date information and/or documents are required to be provided to the Tribunal will be specified on the email received and in the database.

Review the request to determine if the details of the request are correct and able to be actioned.

If there are any issues with the notice speak to an SSO.

Requests for Centrelink information

The Program Officer managing the Appeals Support mailbox will have forwarded documents prepared by the Appeals Branch.

Review the section 26 request to make sure all documents and/or information has been provided.

If all documents and/or information have:

• been provided, go to Step 6
• not been provided, speak with your local Service Support Officer for assistance

Requests for other potentially relevant information

Collate any information and/or documents as stated in the required.

If applicable gather documents from batch filing by completing the Create, Transfer or Retrieve a Corporate File webform in mySupport.

Documents in a language other than English must be accompanied by a NAATI certified translation. See Translation of documents.

Note: if the due date is unable to be met while waiting for documents from batch filling or a translation, let the Tribunal know via email as soon as possible.

The Tribunal at times may ask Child Support to provide written statement as to the facts of a case. In these instances, seek support from an SSO to establish if these questions can be answered at the Appeals Support Team level. If the Tribunal is asking for detailed reasons for a decision or policy interpretation, escalate to the AST PSM.

When completed go to Step 6.

Collate the information and/or documents requested and combine into a single PDF.

Follow Management of documents sent to the Administrative Review Tribunal (ART) for details about:

• information to be redacted
• if a secondary check is required

Check the original request to determine if the Tribunal has directed the documents to be sent to the parties.

Copies of documents to be sent to parties

• Prepare the UQ70.07 Further documents sent to ART cover page
• Despatch documents to customers with Australia Post tracking numbers

Copies of documents to be sent to ART

• Prepare the UQ70 ART Response Template – section 26 request response template and print to PDF. Add to front of the collated and redacted documents as a cover page
• Send the prepared response and document to the Tribunal via Bluezone

Update Cuba

Document the Date and Time the response was sent to the Tribunal in the review record of the Tribunal Review Management window.

AST Database

Update the section 26 screen in the database to reflect documents have been sent to the Tribunal.

Procedure ends here.

ART may direct Child Support provide additional information and/or documents under section 79 of the Administrative Review Tribunal Act 2024.

ART will send an email to the Child Support Appeals Support mailbox, with a subject heading:

• ‘Information Request’
• ‘ART Ad-hoc email request’, or
• ‘Request for Information’

Child Support must action the email within 24 hours of receipt.

Open the email and check that the email contains:

• ‘Agency Direction’ word document, and
• ‘Direction’ PDF’ with a due date (if not specified, default is 7 days)

Seek support from the AST Program Support Manager (PSM) if the Tribunal has:

• used an incorrect template
• legislative references, or
• combine multiple requests into a single document.

Update Cuba

In the Tribunal Record Management window, go to the review record.

Add a new notepad:

• Subject: ‘section 79 received’’
• Body: [Copy and Paste the text in the word document]

AST Database

Locate the review record in the AST database:

• Go to the Directions and Procedures section and open the Section 79 menu
• In the Direction Received field: key the date on the bottom of the ‘Request’ PDF
• Select Tab. This will populate the Due Date field default at 7 days
• If the Tribunal have set a different date, overwrite the Due Date with the specified date
• In the Comments field: add any extra comments the Appeals Support Team may need

Send a copy of the ART email to Cuba to be uploaded to the applicants record:

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

Select the request type below.

The Appeals Branch (Centrelink Appeals Support Team) will action any request for Centrelink information and documents. Forward the ART email:

• To: ART1.APPEALS
• CC: NATIONALAST ART CORRESPONDENCE
• Subject: FOR ACTION: [Art Review Number] - section 79 Request – DUE: [Due Date from database – 2 business days]
• Body:
  Hello ART1 Appeals,
  
  See attached section 79 request for review [ART Review Number] regarding:
  [Insert Applicable Customer name]
  [Insert applicable customer CRN]
  
  Please provide a response to NATIONALAST.ARTCORRESPONDENCE by COB [ Due Date from database – 2 business days]. If you are unable to do so please let us know as soon as possible.

The Appeals Branch will provide the documents requested via email. When received forward to the Appeals Support team that prepared the original ART documents for processing.

• To: [AST Service Officer who prepared original documents]
• CC: [That teams Service Support Officers (SSO) and Team Leader (TL)]
• Subject: FOR ACTION: [Art Review Number] - section 79 Request – DUE: [Insert Due Date from database]
• Body:
  Hello [AST Service Officer],
  
  See attached section 79 request for review [ART Review Number] due to the ART on [insert due date]
  The Appeals Branch (Centrelink) have already provided the documents requested (see attached). Please prepare the response to send to the Tribunal

Mailbox

Move the email to the 2. 79/26/95J Requests folder.

Procedure ends here for Program Officer managing the Appeals Support mailbox.

The Appeals Support team that prepared the original ART documents will process the section 26 Request. Forward the ART email:

• To: [AST Service Officer who prepared original documents]
• CC: [That teams Service Support Officers (SSO) and Team Leader (TL)]
• Subject: FOR ACTION: [Art Review Number] - section 79 Request – DUE: [Insert Due Date from database]
• Body:
  Hello [AST Service Officer],
  
  See attached section 79 request for review [ART Review Number] due to the ART on [insert due date]

Mailbox

Move the email to the 2. 79/26/95J Requests folder.

Procedure ends here for Program Officer managing the Appeals Support mailbox

The Appeals Support team will be responsible for collating any information and/or documents specified in the ART request.

The due date information and/or documents are required to be provided to the Tribunal will be specified on the email received and in the database.

Review the request to determine if the details of the request are correct and able to be actioned.

If there are any issues with the notice speak to an SSO.

Requests for Centrelink information

The Program Officer managing the Appeals Support mailbox will have forwarded documents prepared by the Appeals Branch.

Review the section 79 request to make sure all documents and/or information has been provided.

If all documents and/or information have:

• been provided, go to Step 6
• not been provided, speak with your local Service Support Officer for assistance

Requests for other potentially relevant information

Collate any information and/or documents as stated in the required.

If applicable gather documents from batch filing by completing the Create, Transfer or Retrieve a Corporate File webform in mySupport.

Documents in a language other than English must be accompanied by a NAATI certified translation. See Translation of documents.

Note: if the due date is unable to be met while waiting for documents from batch filling or a translation, let the Tribunal know via email as soon as possible.

The Tribunal at times may ask Child Support to provide written statement as to the facts of a case. In these instances, seek support from an SSO to establish if these questions can be answered at the Appeals Support Team level. If the Tribunal is asking for detailed reasons for a decision or policy interpretation, raise to the AST PSM.

When completed continue to Step 6.

Collate the information and/or documents requested and combine into a single PDF.

Follow Management of documents sent to the Administrative Review Tribunal (ART) for details about:

• information to be redacted
• if a secondary check is required

Check the original request to determine if the Tribunal has directed the documents to be sent to the parties.

Copies of documents to be sent to parties

• Prepare the UQ70.07 Further documents sent to ART cover page
• Despatch documents to customers with Australia Post tracking numbers

Copies of documents to be sent to ART

• Prepare the UQ70 ART Response template – section 79 request response directions and print to PDF. Add to front of the collated and redacted documents as a cover page.
• Send the prepared response and document to the Tribunal via Bluezone.

Update Cuba

Document the Date and Time the response was sent to the Tribunal in the review record of the Tribunal Review Management window.

AST Database

Update the section 79 screen in the database to reflect documents have been sent to the Tribunal.

Procedure ends here.

ART may order Child Support to make written submissions or otherwise participate in the proceeding to assist them in making an informed decision.

ART will send an email to the Child Support Appeals Support mailbox, with a subject heading:

• ‘Order to Make Submissions’
• ‘ART Ad-hoc email request’, or
• ‘Request for Information’

Open the email and check two attachments are included:

• ‘Submissions Order’ cover page (word document)
• ‘Order’ (PDF)

Check the ‘Order’ PDF has reference to section 63 of the Administrative Review Tribunal Act 2024 (ART Act) and the text is ordering the Registrar to provide submissions.

Seek support from the AST Program Support Manager (PSM) or External Review and Liaison Team (ERAL) if the Tribunal has:

• used an incorrect template, or
• legislative references

The Tribunal may also include multiple directions in the same document.

E.g., The Tribunal may make an order for submissions (s63 of the ART Act) but may also make a direction to provide additional documents (s26 or s79 of the ART Act). Each direction is required to be actioned by the respective teams

In the Tribunal Record Management window, go to the review record.

Add a new notepad:

• Subject: ‘Order to Make Submission Received’
• Body: [Copy and Paste ‘Order’ PDF into the body of the notepad]
  If the order also contains directions under section 26 and/or section 79 of the ART Act, create additional notepads see Table 2 or Table 3

The External Review and Liaison team will take carriage the order to make submissions. Forward the ART email:

• To: EXTERNAL.REVIEW.LIAISON
• Subject: [Art Review Number] - Order to Make Submissions Received
• Body:
  Hello Team,
  
  See attached Order to Make Submissions received for review [ART Review Number]

Forward a copy of the ART email to Cuba to be uploaded to the applicants record:

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

Does the Order contain any directions under section 26 or section 79 of the ART Act that are required to be actioned by the Appeals Support Team?

• Yes, take the additional steps for the direction type, see Table 2 or Table 3
• No, move the email to the 10. Submissions folder

Procedure ends here for Program Officer managing the Appeals Support mailbox

If there is something unusual about a case, the application or objection decision consider if a submission is appropriate.

A submission may be appropriate where:

• the objection reasons lack substance, do not address some of the issues raised or the reasons for making the decision are too brief
• some context needs to be provided around the issues and decision
• clarification of Child Support policy and/or procedures is required
• the Senior Advisor believes that significant recent or ongoing developments and/or issues should be heard, or
• the application is challenging significant issues relating to the administration of the child support scheme and Child Support’s involvement would further the objectives of the scheme

Escalate to the Senior Advisor of International & External Review (IER) where:

• our actions may have been defective
• it may be appropriate to remedy the case before the review being decided by the ART, or
• the matter may be subject to media and/or Ombudsman scrutiny

Where the matter involves unclear policy or legislation to be interpreted consult Program Advice, Program Litigation & Review and/or Department of Social Services (DSS).

Is the submission necessary?

• Yes, go to Step 5
• No, procedure ends here

Where a submission is required decide if it should be:

• in writing, go to Step 6, and/or
• oral (inclusive of a written submission), go to Step 7

The Program Manager may make written submissions to the ART at any time without seeking ART approval. Where possible, the submission should be made in time for both parents to receive a copy of the submission before the hearing.

If further explanation is needed the Program Manager should consider making an application for an oral submission at the hearing. Forward the application to the Tribunal.

Where a written submission is appropriate:

• The Senior Advisor will work with the Program Manager in preparing the submission using the written submission template on the shared drive
• The Assistant Director will liaise with the appropriate policy/legal area and seek EL2 clearance from either:
• the Director of IER, or
• Child Support Policy (Assessment), or
• the Director Policy Advice (Collection), or
• Child Support International Policy, or
• Program Litigation Review
• Scan one copy of the file and save it to the AST Electronic Filing folder in the Appeals Support team share drive folder
• Create a notepad in the Tribunal Review Management window in Cuba and paste a copy of the submission into the notepad, noting a s63 of the Administrative Review Tribunal (ART) Act submission has been made
• Email the submission, as a PDF attachment, to the Business Manager and cc the appropriate state ART Mailbox
• Update the ART database
• Record details of the submission and check the submission button in the Tribunal Review Management window
• Sign off the exception handling request form
• Return the file to the ASO
• Email the relevant Appeal Support team, requesting that they send a copy of the submission to each party to the review

Note: before the Tribunal Review Management window, a known system error prevented some care reviews being loaded into the SSAT Maintenance window. If unable to find the care matter in the Tribunal Review Management or SSAT Maintenance window, go to the Communication window to view a stacking document record as.

• Type: Electronic In
• Category: SSAT
• Issue: OTHER
• Reason: Objection
• With: EXTERNAL AGENCY

If possible make an application for an oral submission at the same time as submitting the s63 ART Act documents.

Where an oral submission is appropriate:

• email the ART Senior Advisor, using the template on the shared drive requesting permission to make an oral submission and attach a PDF copy of the written submission
• save a copy of this email and submission request to the shared drive
• update the ART database
• document the details of the request on the Tribunal Review Management window. See Documenting Child Support information

If the ART grant permission for an oral submission, a written submission must also be lodged before the hearing. Go to Step 6.

If an oral submission is required at the hearing, go to Step 9.

The ART may order Child Support, at any time, to make a written submission or to attend a hearing and make an oral submission.

To make an oral submission:

• The Appeal Support Team (AST) will forward a copy of the email to the IER mailbox.
• The Reporting Officer will allocate the submission to the Program Manager responsible for COA or General Objections.
• The Program Manager will save a copy of the order in the Tribunal Review Management window in Cuba, and
• The Senior Advisor will save a copy of the order in the ART share drive

If a written submission is required go to Step 6.

An oral submission may be provided in person or over the phone.

Where Child Support is providing an oral submission in person, the Program Manager will attend the hearing on the date advised and deliver the submission as required.

At the conclusion of the hearing:

• update the ART database
• document the summary of the oral submission, and
• check the Attend Hearing button in the Tribunal Review Management window