Objections
When CSA makes a decision that affects you, we generally inform you of the
decision in writing. If you do not agree with our decision or you believe CSA
has acted on wrong information, you may be able to lodge an objection.
Both parents in a case are able to lodge objections. In most instances, if the
other parent lodges an objection, you will get the opportunity to reply.
What should I do first?
You should read any letter and attachments carefully and contact a CSA
Customer Service Officer on 131 272 if you don’t understand
the content or think the information may be wrong.
When can I make an objection?
You can object if you do not agree with any of the following:
-
CSA's decision to register or not register a child support case for collection.
-
The recorded details of a case registered for collection by CSA or our decision
to change those details.
-
CSA's decision to credit or not credit a non-agency
payment
.
-
Setting a particular date as the starting date for the payment of child
support.
-
CSA's decision to collect arrears from a particular date.
-
A decision about collection that results in a debt that is more than six months
old remaining unpaid (receiving parents only).
-
CSA's decision to refuse to accept an application for administrative
assessment.
-
CSA's decision to accept an application for administrative assessment.
-
The particulars of an administrative assessment.
-
CSA's decision to make or refuse to accept a child support agreement.
-
CSA's decision to remit or refuse to remit an estimate penalty.
-
CSA's decision to make or refuse to make a change of assessment determination.
-
CSA's decision to accept or not accept an estimate.
-
CSA's decision to refuse to reduce the rate of child support to nil.
-
CSA's decision to refuse to extend an assessment or agreement after the child
reaches 18 (receiving parents only).
How do I lodge an objection?
-
You must object within 28 days of receiving our decision. If you live overseas
in a reciprocating jurisdiction, you have 90 days to object. If you have a good
reason, we may be able to accept a late objection.
-
You must object in writing, telling CSA what you are objecting to and why. Your
written objection should include:
-
the date of the decision and the date you received the letter advising you of
the decision
-
what you are objecting to
-
detailed reasons why you think CSA’s decision is incorrect.
-
It is important that you have accurate, detailed records which can support your
objection and copies of these should be included in your objection.
-
Mail your written objection to the CSA office
closest to you.
What happens after I or the other parent lodges an objection?
In most instances, when CSA gets an objection, we will tell the other parent
about the reason for the objection and give them the opportunity to reply—the
same response periods apply.
A case officer might also talk to both of you to try to solve the matter.
While your case is being considered, CSA's original decision still applies.
After consideration CSA will contact both parties explaining the outcome,
including any change to the assessment if applicable. CSA aims to make a
decision about the objection within 60 days and will advise you and the other
parent in writing of the outcome. If one parent lives overseas, this may take
up to 120 days.
What if I disagree with the objection
decision?
If you do not agree with the outcome of the objection, you have the following
options:
-
For objection decisions made from 1 January 2007, you can apply to the Social Security Appeals Tribunal (SSAT) for a
review of the decision. SSAT is an external and independent tribunal that can
review decisions made by CSA.
-
Applying to the Administrative Appeals Tribunal (AAT) for review of decisions
related to
-
revoking or not revoking a Departure Prohibition Order (DPO)
-
issuing or to refusing to issue a departure authorisation certificate
-
requiring a parent subject to a DPO to provide security for their return to
Australia
- reviewing an SSAT decision to refuse an application for an extension of time.
-
Taking a matter to court for review in certain circumstances, including:
- CSA objection decisions made before 1 January 2007
- parentage decisions
-
if you have other matters already in court
-
to request a child support agreement be set aside
-
complex Change of Assessment decisions
-
asking the court to enforce a child support debt if you are a receiving parent.
More information
For more information about your rights if you don't agree with a CSA
decision, read the Your rights following
CSA decisions brochure.
For more information on how to apply to the SSAT, you can call SSAT on 1800
011 140 or visit the website www.ssat.gov.au
For more information on how to apply to the AAT, you can call AAT on 1300 366
700 or visit the website www.aat.gov.au
For more information about how to apply to the courts, you can call the Family Law Courts on 1300 352 000 or visit the website www.familylawcourts.gov.au