4.1.4: What is a valid objection?

Context

A parent may ask CSA to reconsider particular decisions by making a valid objection.

Legislative references

Part VII Child Support (Registration and Collection) Act 1988

Regulations 14, 15 and 16 Child Support (Registration and Collection) Regulations 2000

Sections 160 and 163 Evidence Act 1995

Explanation

A valid objection must

• be about a decision for which there is an objection right under the Registration and Collection Act. This can be about a decision that was made under the Assessment Act or the Registration and Collection Act.
• be in writing from a parent aggrieved by the decision
• state fully and in detail the grounds relied upon
• be lodged within 28 days of the day that the parent received notice of the decision (or 90 days if the parent is a resident of a reciprocating jurisdiction).

In writing from a parent aggrieved

A valid objection must be in writing. CSA cannot act on a verbal request to reconsider the original decision. A written objection can be lodged with CSA by mail or email or be delivered personally by the parent or someone else on their behalf. If the parent resides in a reciprocating jurisdiction, the relevant overseas authority can object on his or her behalf (see chapter 1.6 Overseas cases).

CSA does not require an objection to be in any particular written form. Most objections are in the form of a letter addressed to CSA, or to the person named as the decision-maker in CSA's notice of decision. It is not necessary for the person to use the word 'objection' in their written objection, but they must ask CSA to reconsider its original decision.

A complaint about service provision or the legislation is not a valid objection. CSA's complaints policy applies to those cases (See chapter 6.9).

A parent must lodge their own objection unless it is made on their behalf by a solicitor or someone with power of attorney (including those with statutory rights to deal with the parent's finances including a State Protective Commissioner or the trustee of an estate).

A person who is otherwise authorised to act as a parent's representative by the customer may not lodge an objection on behalf of that customer unless the parent signs the objection.

State grounds fully and in detail

A person objecting to a decision must state the grounds they are relying upon 'fully and in detail'. Parents should identify the decision and explain why they believe that the decision is wrong.

If an objection to a decision does not include any grounds, CSA will contact the parent who lodged it. CSA will discuss the basis for the original decision with the parent and explain that he or she needs to provide written grounds before CSA can reconsider the decision. CSA will invite the parent to lodge a further objection if they wish to have the decision reconsidered.

Within 28 days (or 90 days for residents of reciprocating jurisdictions)

A valid objection to a decision must be lodged with CSA within 28 days of the day that the parent was served with written notice of that decision (section 81(1) of the Registration and Collection Act). If the decision is an appealable refusal collection decision, the payee may object to it within 28 days of the date he or she first became aware of it (section 81(2) of the Registration and Collection Act).

The period for lodging an objection to any decision is extended from 28 to 90 days for a parent who is resident overseas in a reciprocating jurisdiction while the other parent resides in Australia.

When deciding whether an objection has been lodged in time CSA will firstly calculate the date upon which the person was served with notice of the decision. CSA usually serves notices by pre-paid mail sent to the person at his or her last known address (regulation 14(1) Registration and Collection Regulations). A person is taken to have been served with notice by mail at the time when the letter would, in the ordinary course of the post, have arrived at the place to which it was addressed, unless proven otherwise (regulation 14(2) Registration and Collection Regulations). If the person has failed to advise CSA of a change to his or her address, the notice is taken to have been served despite it being sent to his or her former address (regulations 15 and 16, Registration and Collection Regulations).

CSA will presume that a notice has been posted to a person on the fifth business day after the date the notice was produced (section 163 of the Evidence Act). It will presume that the letter was received at the person's address in Australia on the fourth working day after that date it was presumed to have been posted (section 160 of the Evidence Act). This means that in most cases, a notice is presumed to have been served on a person on the ninth working day after the date of the notice (i.e. excluding any day that is a Saturday, Sunday, bank or public holiday). The only exceptions are where CSA is aware that the person received the notice within a shorter period, or where the notice is sent to a person at an overseas address. CSA may be aware that the person received the notice within a shorter period if a copy of the notice was sent to the person by facsimile at his or her request; or if the person contacted CSA before the ninth working day after the date of the notice to discuss it when he or she received it. If the notice was sent to the person at an overseas address, CSA will investigate the usual postage period for an ordinary mail article sent from Australia to that overseas address.

Once CSA has calculated the presumed (or actual) date of service of the notice, it will work it whether the person has lodged his or her objection within 28 calendar days of that date. The objection will be considered to be lodged within time if it is received by CSA by the 29th day after the date of service. If the 29th day is a Saturday, Sunday, bank or public holiday, the last day for lodgement is the following working day.

If the parent resides abroad in a reciprocating jurisdiction, CSA must calculate whether the person's objection was lodged within 90 days of the date of presumed (or actual) service. The objection will be considered to be lodged within time if it is received by CSA by the 91st day after the date of service. If the 91st day is a Saturday, Sunday, bank or public holiday, the last day for lodgement is the following working day.

If a parent has not objected within time they can lodge an objection with an application for an extension of time.

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Version 1.6

Issued 27 July 2007

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