Administrative Review Tribunal (ART) review dismissed, withdrawn or reinstated 277-09180060

An applicant may withdraw their application for review at any time before the ART make a decision.

Note: an application can be made to reinstate a review within 28 days of it being withdrawn. Do not finalise the Cuba record until 35 days after the withdrawal date.

The Program Officer managing the Appeals Support mailbox will receive an Application Withdrawn email. The email should include a word document attachment titled ‘Dismissal – Application Withdrawn’.

Document the withdrawal in Cuba.

• Go to the review record in the Tribunal Record Management window
• Create a new notepad
• Subject: ART Review Withdrawn
• Body: ART Review Withdrawn. A person may apply to the ART to have the review:
  reinstated within 28 days
  Do not finalise the review record until 35 days have passed
  [insert time stamp of email and text from attached word document]

Create the ART review withdrawn intray and send to:

• Region: NATIONAL OFFICE
• Office: NATIONAL OFFICE
• Team: SP NATIONAL ART APPEALS
• Position: ART WITHDRAWN

Update AST Database

• Go to the review record
• Go to Review Outcome Details and complete the following fields:
• Date Outcome Received: Date email received
• Outcome Type: Withdrawn

This will populate a due date for processing which is 35 days in the future.

If the application has been lodged and a request for statement or documents:

• have not been requested yet, go to Step 2
• have been received but have not been sent to ART or customer, go to Step 3
• have been received and sent to ART and customers but no decision has been made, go to Step 4

Move the email to 4. Finalised and Actioned folder.

Remove the review from any allocation folders.

Email any Service Officer or Service Support Officer working on the review to let them know it has been withdrawn.

Move the email to 4. Finalised and Actioned folder.

Remove any unfinalised hearing review details from the AST Database:

• Go to the review record
• Go to Substantive Hearing menu
• Delete any information in records not yet finalised

Move the email to 4. Finalised and Actioned folder.

An AST Service Officer is responsible for finalising any review records that are withdrawn.

The AST Service Officer will run the decisions report in the AST Database. This will return a report of all decisions on hand and their processing due date.

Find any records that show as ‘Withdraw’ and are due today or overdue:

Finalise Cuba record

• Go to the review record in the Tribunal Review Management window
• Check the notepads for any application for reinstatement that has been granted or refused
• If a reinstatement has been granted and the AST Database or Cuba have not been updated correctly, email NATIONALAST.ARTCORRESPONDENCE for action
• If there has been no reinstatement application or it has been refused, finalise the review record by completing the following fields:
• Decision Date: [The date the review was withdrawn]
• Decision: Withdrawn
• Reasons for Decision: ‘other’
• SCS Info: [Do not complete for withdrawn matters]
• Save the record and enter a new notepad:
• Subject: Review Record Finalised
• Body: ART Review record finalised. Review application was withdrawn and [no application for reinstatement was made/an application for reinstatement was refused]
• Delete the ART review withdrawn intray and any other ART intrays that are part of that review

Finalise AST Database record

Complete all remaining fields in the Review Outcome Details of the database

Procedure ends here.

The ART can dismiss an application for review.

Note: an application can be made to reinstate a review within 28 days of it being withdrawn. Do not finalise the Cuba record until 35 days after the withdrawal date.

Update AST Database

• Go to the review record
• Go to Review Outcome Details and complete the following fields:
• Date Outcome Received: Date email received
• Outcome Type: Dismissed

This will populate a due date for processing which is 35 days in the future.

If the application has been lodged and a request for statement or documents:

• have not been requested yet, go to Step 2
• have been received but have not been sent to ART or customer, go to Step 3
• have been received and sent to ART and customers but no decision has been made, go to Step 4

Finalise Cuba record

• Go to the review record in the Tribunal Review Management window
• Finalise the review record by completing the following fields:
• Decision Date: [The date the review was dismissed]
• Decision: Dismissed
• Reasons for Decision: ‘other’
• SCS Info: [Do not complete for dismissed matters]
• Save the record and enter a new notepad:
• Subject: ART Review Dismissed
• Body: [copy in the first page of the dismissal decision pdf. Include member signature and date]
• Delete any other ART intrays that are part of that review

Finalise AST Database record

Complete all remaining fields in the Review Outcome Details of the database

Move the email to 4. Finalised and Actioned folder.

Remove the review from any allocation folders.

Email any Service Officer or Service Support Officer working on the review to let them know it has been withdrawn.

Move the email to 4. Finalised and Actioned folder.

Remove any finalised hearing review details from the AST Database:

• Go to the review record
• Go to Substantive Hearing menu
• Delete any information in records not yet finalised

Move the email to 4. Finalised and Actioned folder.

An AST Service Officer is responsible for finalising any review records that are dismissed.

The AST Service Officer will run the decisions report in the AST Database. This will return a report of all decisions on hand and their processing due date.

Find any records that show as ‘Dismissed’ and are due today or overdue:

Finalise Cuba record

• Go to the review record in the Tribunal Review Management window
• Check the notepads for any application for reinstatement that has been granted or refused
• If a reinstatement has been granted and the AST Database or Cuba have not been updated correctly, email NATIONALAST.ARTCORRESPONDENCE for action
• If there has been no reinstatement application or it has been refused, finalise the review record by completing the following fields:
• Decision Date: [The date the review was dismissed]
• Decision: Dismissed
• Reasons for Decision: ‘other’
• SCS Info: [Do not complete for dismissed matters]
• Save the record and enter a new notepad:
• Subject: Review Dismissed
• Body: [copy in the first page of the dismissal decision pdf. Include member signature and date]
• Delete any other ART intrays that are part of that review

Finalise AST Database record

• Complete all remaining fields in the Review Outcome Details of the database

Procedure ends here.

An applicant can request to have their application reinstated if:

• the application was dismissed by the ART, and
• the request is made within 28 days of receiving notification of the dismissal
  Note: time may be longer in special circumstances

The ART will make a decision to grant or refuse the application.

The ART may reinstate an application for review if the ART consider the application was dismissed in error.

ART will notify Child Support of the outcome to an application through an Outcome of Request for Reinstatement email. The email will include a:

• Reinstatement Request Outcome word document, and
• Decision pdf

Check the documents to see if the outcome of the application is granted or refused.

If the application is:

• refused, go to Step 2
• granted, go to Step 3

The Program Officer managing the Appeals Support mailbox will send a copy of the ART email to Cuba to be uploaded to the applicant’s record:

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

Document outcome in Cuba:

• Go to the Tribunal Review Management window
• Create a new notepad:
• Subject: Reinstatement Application Refused
• Body: [copy in the first page of the decision pdf. Include member signature and date]

Move the email to 4. Finalised and Actioned.

Procedure ends here.

The Program Officer managing the Appeals Support mailbox will 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]
• Body: [Delete any spaces and automatic signature blocks so only the email from the Tribunal is showing

Document the reinstatement in Cuba.

• Go to the review record in the Tribunal Record Management window
• Create a new notepad
• Subject: Reinstatement Application Granted
• Body: [copy in the first page of the decision pdf. Include member signature and date]

If the application had previously been withdrawn, delete the ART review withdrawn intray.

Update AST Database

• Delete any details in the Review Outcome Details section
• Add a comment to say the review has been reinstated

Check the database to see if the file has started being prepared for the ART review. If the documents have not been sent to ART and parties, email the Service Officer/Service Support Office/Team Leader who prepared the original file. Include in the email:

• the review has been reinstated, and
• continue the file preparation process

Move the email to 4. Finalised and Actioned.

Procedure ends here.