Effective until 30 June 2008
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| CSA's previous online law & policy guide Effective until 30 June 2008 |
4.2.5: The SSAT review processContext The SSAT is to provide a mechanism of external review that is fair, just, economical, informal and quick. When an application has been made for a review of a CSA objection decision the SSAT will contact the parties and arrange for a hearing to be held. The panel members hearing the application will consider the documents and submissions from the parties and make a decision. The SSAT is independent of CSA. Legislative references Part VIIA and Division 3, Part VIII Child Support (Registration and Collection) Act 1988 Explanation Application received by the SSAT Documents to be provided by CSA Appeal to a court on a question of law Application received by the SSAT When the SSAT receives an application for review of a CSA objection decision it will send a letter acknowledging receipt to the applicant. It will also notify CSA and the other parent (when relevant) that the application has been received (section 95(2)). Parties to a review The parties to SSAT proceedings are the applicant, CSA and any other person entitled to apply for a review of the decision under section 89 (section 101(1)(c)). For most objection decisions this will mean that both the parties to the CSA case are parties to the SSAT review of the objection decision. If the decision being reviewed is an objection decision regarding penalties, or a CSA extension of time decision, then only the applicant and CSA are parties to the review. Any person whose interests are affected by the by the objection decision can apply in writing to the Executive Director of the SSAT to be made a party to the review (section 101(2)). The applicant would need to identify how their interests will be affected and why they should be a party to the review. The SSAT Executive Director may also give written notice of the application to another person whose interests are, in the Executive Director's opinion, affected by the decision (section 102(1)). The notice, which may be given at any time before the review is determined, must include information about that person's right to apply to be joined as a party to the review (section 102(3)). However, children of the parties cannot be parties to the review. This includes children under the age of 18 who are the children of the applicant or respondent parent, or children who are cared for by an applicant or respondent non-parent carer. The SSAT Executive Director may direct that a party to a review no longer be a party to the review. Section 101(5) describes the circumstances where such a direction may be made. Documents to be provided by CSA Documents to be sent within 28 days Some documents may not be required to be sent SSAT Executive Director may give directions about disclosure of documents Additional information can be sought Documents to be sent within 28 days When CSA is advised that an application has been received by the SSAT it is required to provide the SSAT with a statement about the decision under review (section 95(3)(a)). The statement must set out the findings of fact, refer to the evidence and give the reasons for the decision. The report prepared by the objections officer explaining their decision will be the document provided to satisfy this requirement. CSA is also required to provide a copy of every document that is relevant to the review of the decision (section 95(3)(b)). All documents referred to or relied upon in the objection decision must be included. Documents required to be sent will include all letters relevant to the decision, a copy of CSA records of conversations with the parents and a copy of any materials relied upon in making the objection decision. As documents 'relevant to the review of the decision' are to be provided some documents received after the objection decision was made may be included, if they will assist the SSAT in undertaking their review of the objection decision. Example: M is dissatisfied with CSA's decision on his objection to the care levels used in calculating the assessment of child support. Both parents have provided CSA with calendars and other materials about the children's living arrangements, either when the decision was first made or during the objection process. If M was to apply to the SSAT for a review of the objection decision the information received from the parents would be included as section 95(3) documents. Example: F is dissatisfied with CSA's decision on his objection to the care levels used in calculating the assessment of child support. F has also made an application for a change to the assessment. If F was to apply to the SSAT for a review of the objection decision the information received from the parents regarding care would be included as section 95(3) documents. The documents relating the change of assessment application would not be included as they are not relevant to the objection decision. Example: M, a paying parent, is dissatisfied with CSA's decision on her objection to the calculation of the arrears owing when her liability again became collectable by CSA. The objection decision is dated 8 January 2007. On 18 January 2007 CSA received a letter from M that included receipts for payments made in the relevant private collect period. As the objection decision had been made there are no further review processes within CSA. If M was to apply to the SSAT for a review of the objection decision the letter received 18 January 2007 would be included as a section 95(3) document. In preparing the documents CSA may remove some identifying details from the documents for privacy or other reasons. These deleted details will include the address and telephone numbers of the parties, address details of employers, Child Support Identification Numbers and Tax File Numbers. CSA must provide a copy of the documents given to the SSAT to each other party to the review (section 96(1)). Some documents may not be required to be sent CSA may identify that a relevant document contains information about a person that is private and considers that it would not be appropriate for that information to be sent to the other party. The information may be a medical report or information relating to a third person, such as a family member of one of the parties. CSA can apply to the SSAT under section 97 for a direction that the document, or part of the document, is not required to be sent. CSA must provide two copies of the document to the SSAT with the application for the direction. CSA must send a copy of the section 97 application to each party to the review. The SSAT will consider the section 97 application and may either direct CSA to send the document to the party concerned or make a direction under section 98 prohibiting or restricting the disclosure to the other parties to a review of the contents of the document. SSAT Executive Director may give directions about disclosure of documents The SSAT Executive Director may make a direction under section 98 prohibiting or restricting the disclosure, to some or all of the parties to a review, of the contents of a document. The direction may be made after an application by CSA or on the initiative of the SSAT. The SSAT Executive Director may make a direction under section 96(2) directing a person who has received the section 95(3) statement and documents not to disclose information in the statement or documents. A person commits an offence if they contravene a direction made under section 96(2). The penalty is imprisonment for 2 years. Additional information can be sought The SSAT can ask CSA to provide the SSAT with information or a document that the CSA has that is relevant to the review (section 103J). The SSAT may obtain information necessary for the review from other persons by issuing a written notice requiring the person to give the requested information to the SSAT, to attend the SSAT and answer questions or to produce documents to the SSAT (section 103K). The SSAT may ask CSA to exercise its information gathering powers (see chapter 6.2.4: Information gathering powers under the Registration and Collection Act) to obtain information relevant to the review. The CSA must comply with such a request as quickly as possible, no later than 7 days after the request was made (section 103L). Later documents to be sent Documents relevant to the review may come into the possession of CSA after the section 95(3) statement and documents have been sent to the SSAT and the other parties. CSA is required to send two copies of these later documents to the SSAT as soon as possible after their receipt (section 95(5)). Application may be dismissed An application for a review of a CSA decision can be dismissed under section 100 if:
In considering the actions of the parties to decide if an application should be dismissed under these provisions the SSAT does not have regard to the actions of CSA. It is therefore the actions and wishes of the parents that the SSAT will consider in making its decision. Example: M, a paying parent, is dissatisfied with CSA's decision on his objection to the calculation of the arrears owing when his liability again became collectable by CSA. The objection decision is dated 8 December 2006. As the objection decision was made before 1 January 2007 the decision is not reviewable by the SSAT. The application would be dismissed under section 100(1)(a). An application for a review of a CSA decision can be dismissed under section 100A at the request of the applicant. The applicant must notify the SSAT in writing that the application for review is discontinued or withdrawn. Submissions from the parties Submissions from parties other than CSA Submissions from parties other than CSA A party to the review other than CSA may make oral submissions, written submission or both oral and written submissions to the SSAT (section 103C). The SSAT will advise the parties of the timeframe for any written submissions. Oral submissions are made at the hearing. Another person may make submissions to the SSAT on behalf of a party. The SSAT may make determinations or directions about submissions, including:
A party to the review can provide additional documents to the SSAT as part of their case. These documents should be provided to the SSAT before the SSAT hearing. Submissions from CSA CSA may make written submissions to the SSAT (section 103F(1)). CSA may make a written request to the SSAT for permission to make oral submissions, or both oral and written submissions, to the SSAT (section 103F(2)). The request must explain how the submissions would assist the SSAT. The SSAT may grant the request if it is considered that such submissions would assist the SSAT in carrying out its functions under the Act (section 103F(3)). The SSAT may order CSA to make oral or both oral and written submissions when such submissions would assist the SSAT (section 103F(4)). Pre Hearing Conference The SSAT may arrange a conference between the parties before the application proceeds to a hearing when it decides that such a conference would assist in the consideration of the review (section 103). A pre-hearing conference can be held when the SSAT considers that it would be helpful; it is not a mandatory part of every review process. A pre-hearing conference may be used to explore the issues between the parties, and to narrow the ground between the parties. If the parties reach agreement, the SSAT may make an order by consent, if it thinks it appropriate to do so. The Hearing If oral submissions are to be made by the parties (see directions about submissions) the SSAT will arrange for a hearing to be held. A panel of generally two, but between one and four members will sit as the SSAT for the purposes of the review. Where more than one member is sitting on the panel, one of the members is designated as the presiding member (section 103M). In reviewing a decision the SSAT is not bound by legal technicalities, legal forms or rules of evidence. The SSAT is to act as speedily as a proper consideration of the matter permits (section 103N). The hearing will be held in private (section 103P). The SSAT may take evidence on oath or affirmation for the purposes of a review of a decision (section 103G). Children (under the age of 18) of the parties or being cared for by a non-parent carer who is a party, are not to give evidence (section 103H). The SSAT may adjourn the hearing from time to time. There are restrictions on the number of times a hearing may be adjourned (section 103R). The presiding member may give directions about the procedure to be followed on the hearing of the review SSAT (section 103ZA(4)). The presiding member can direct who will be present during the hearing. The Executive Director of the SSAT may make general directions about the procedures to be followed by the SSAT in connection with the review of decisions (section 103ZA(1)). Decisions that can be made The SSAT is independent of CSA and will take a fresh look at the decision under review. The SSAT will make a fresh decision after considering the relevant information provided by all parties (including information provided at the hearing) and the applicable child support law. The SSAT must determine what is the correct or preferable decision in the circumstances of each case. After reviewing the merits of CSA's decision the SSAT must make a decision to (section 103S):
The parties to the review (other than CSA) may reach agreement on the review decision that should be made (section 103W). If so, they are to advise the SSAT in writing, signed by the parties, of the terms of the agreement. The agreement may address some or all of the issues before the SSAT. If the SSAT is satisfied that it is within its powers to make the agreed decision then the decision will be made as agreed. The SSAT can only make decisions that are in accordance with child support law. The SSAT cannot make a decision that CSA could not make (section 103T). The SSAT's decision is taken to be the decision of the original CSA decision-maker and has effect from the date of the original decision, or from a date specified by the SSAT (section 103V). CSA must immediately take action to give effect to the SSAT decision (section 110V). Notification of decision The SSAT will advise the parties to the review of their decision within 14 days of making the decision (section 103X). The notice must be in writing and must include a statement that an appeal may be made to a court on a question of law. The SSAT must also provide reasons for the decision within 14 days of making the decision (section 103X(3)). This can be done in two ways:
The written statement of the reasons must set out the reasons for the decision, set out the findings on any material questions of fact and refer to the evidence on which the findings of facts are based. The request for a written statement of the reasons must be made within 14 days of the receipt of the decision (section 103X(4)). The SSAT must comply with the request for written reasons within 14 days after the day the received the request (section 103X(5)). Section 103Y allows the SSAT to amend a decision, or the statement of the reasons for a decision, to correct an obvious error or an inconsistency between the decision and the statement. Publication of decisions Section 110X imposes restriction upon the publication of an account of review proceedings if the report identifies a party to the proceedings or other people relevant to the review. Reports that do not identify the participants may be published for certain purposes (section 110X(4)). Appeal to a court on a question of law A parent dissatisfied with a SSAT decision may appeal to a court, on a question of law (see chapter 4.3.6, Appeals and court orders under the Registration and Collection Act). CSA, as a party to the review, can appeal a decision of the SSAT to a court on a question of law (s110B). More information on the SSAT review process is available at the SSAT website. Version 1.1 Issued 3 August 2007 |
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