Effective until 30 June 2008
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| CSA's previous online law & policy guide Effective until 30 June 2008 |
4.1.2: Decisions made under the Assessment Act to which a parent may objectContext A parent may object to certain decisions under the Assessment Act. Legislative references Sections 79D and 80 Child Support (Registration and Collection) Act 1989 Explanation A parent may object to particular decisions made under the Assessment Act. A person cannot apply to the SSAT for a review of a decision unless there has been an objection to the CSA’s decision. In most cases, a parent cannot apply to court about a child support assessment unless there has been an objection to CSA's decision about that assessment and a review of the objection decision by the SSAT. Section 80 provides that parents can object to the following decisions by CSA that were made under the Assessment Act:
A decision to accept an application for assessment A payer can object to CSA's decision to accept a payee's application for a child support assessment. A payee can object to CSA's decision to accept a payer's application for a child support assessment. The objection can be on any grounds other than the person's belief that they are not a parent of the child. Example CSA accepts F's application for an assessment of child support
for her child A, payable by M. F provided a statutory declaration stating that
M is named as A's father on A's birth certificate.
M advises CSA that he believes F's statutory declaration is untrue. M does not accept that he is A's father, so he refused to sign the Register of Births, Deaths and Marriages form to have his name included on A's birth certificate. M can object to CSA's decision to accept the application for assessment. He believes that he is not A's father but this is not the ground of his objection. The ground of his objection is that there is no proof of paternity of the kind required by the Child Support legislation. If a person disagrees with CSA's decision to accept an application solely because they believe they are not a parent of the child, they can apply to a court under section 107 or section 107A of the Assessment Act for a declaration that the payee is not entitled to an administrative assessment of child support payable by them. A decision not to accept an application for assessment An applicant can object to CSA's decision not to accept their application for an administrative assessment unless one of the reasons for refusal was that CSA was not satisfied that the person from whom the application sought payment of child support is a parent of the child. If a payee disagrees with CSA’s decision to refuse their application because they are not satisfied that the person from whom the payment of child support is sought is a parent of the child they can apply to a court under section 106A of the Assessment Act for a declaration that they are entitled to an administrative assessment for the child. If there was more than one reason for refusing the application the payee can apply to court for a declaration that they are entitled to have CSA reconsider the decision because the person from whom the application sought payment is a parent of the child. An objection cannot be lodged if CSA refuses to accept a liable parent application for an administrative assessment because CSA was not satisfied under section 29 that the applicant is a parent of the child. In this instance the applicant may be able to apply to court for a declaration under s106B of the Assessment Act that the applicant is entitled to an administrative assessment for the child. A decision as to the particulars of a child support assessment A payer or payee can object to CSA's decision about the particulars of their administrative assessment. The particulars of a child support assessment are all the elements of the child support formula including
Example M disagrees with CSA's decision to reduce the child support
assessment because F has lodged an estimate of income. M can object to CSA's
decision because it is a decision in relation to the child support income
amount of F, the parent who lodged an estimate.
Example F disagrees with CSA's decision to change the level of care in
the child support assessment. F can object to CSA's decision because it is a
decision in relation to the child support percentage used in the assessment.
Example F disagrees with the amount of child support CSA worked out in
accordance with their child support agreement with M. F can object to this
decision because it is a decision in relation to the annual rate of child
support.
A decision to make or refuse to make a change to the assessment under Part 6A of the Assessment Act (Change of assessment) A payer and payee can object to CSA's decision to make a change of assessment decision or to refuse to make a change of assessment decision. The parent who objects does not have to be the person who applied for a change of assessment. A decision to accept or refuse to accept a child support agreement A payer or payee can object to CSA's decision to accept or refuse to accept their child support agreement. A decision to refuse to remit an estimate penalty in whole or part A payer or payee who requests CSA to remit an estimate penalty can object to CSA's decision to refuse to remit that estimate penalty. Version 1.4 Issued 1 January 2008 |
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