4.1.1: Overview

Context

The objection provisions allow parents to ask CSA to formally reconsider particular decisions made under both the Assessment and Registration and Collection Acts. This means that parents have the opportunity for formal internal administrative review of some CSA decisions. The review is conducted by a CSA officer not involved in making the original decision.

Legislative references

Part VII Child Support (Registration and Collection) Act 1988

Explanation

The objection provisions allow parents to ask CSA to formally reconsider particular decisions made under the Assessment Act or Registration and Collection Act.

CSA makes decisions by determining facts and then applying the law to those facts. CSA will make reasonable investigations before making any decision and give each parent the opportunity to comment on information that it takes into account in a way that adversely affects them. New information about the circumstances of the parents or the child may become available after CSA has made a decision. However, CSA cannot simply change a decision once it has been made. A parent must lodge an objection if they want CSA to reconsider a decision. The exception is where there has been a simple factual error (such as a date of birth or arithmetic error) that is not disputed by either parent or the CSA. In these cases, it may be appropriate for CSA to amend the assessment, or the register, without requiring the parents to go through a formal objections process. This will occur rarely and both parents should be contacted before such an amendment is made. If the facts are not clear; if there is new information that one parent has not had an opportunity to comment upon; or if there is any element of dispute, it is not appropriate to change a decision at the request of one parent. This should be considered as an objection to the Registrar's original decision.

A parent who failed to provide information to CSA before the original decision was made may be able make a new application based on the relevant information (e.g. a new change of assessment application). Otherwise, the parent may object to the original decision and CSA will take that new information into account when considering the objection.

If parents believe that CSA has made a mistake of fact and/or applied the law incorrectly they may object to that decision.

If a parent makes a valid objection CSA must reconsider the original decision taking into account any relevant new information provided by both parents or from other sources.

Example

M (payer) asks CSA to credit an amount paid for their child's school fees against his ongoing child support liability for that child. M provides copies of receipts. F (payee) confirms that M has paid the school fees. CSA credits the payment.

F contacts CSA 2 weeks later and questions whether the payment should have been credited. F says the Family Court ordered M to pay the school fees as part of their property settlement. CSA officer tells F that CSA cannot now vary the decision to take that information into account. CSA officer advises F to object to the original decision.

Version 1.3

Issued 1 January 2007

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