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Your rights following CSA decisions
Contents
Social Security Appeals Tribunal (SSAT)
Administrative Appeals Tribunal (AAT)
Using CSA’s complaints process
If you do not agree with a decision made by the Child Support Agency (CSA), you may have the right to have the decision reconsidered. This brochure provides information on:
- How to object to a CSA decision
- Appealing to the Social Security Appeals Tribunal (SSAT)
- Appealing to the Administrative Appeals Tribunal (AAT)
- Appealing to a court
- CSA’s complaints process
Privacy
CSA is required by law to collect certain information about you for child support purposes and the child support legislation gives CSA specific powers to do this. When you lodge an objection, CSA is required to pass on all information relevant to the objection (except your address and phone number) to the other parent. This is so they understand how CSA makes its decisions.
If you or the other parent appeal to the Social Security Appeals Tribunal (SSAT), CSA is required to provide all the information that is relevant to the decision to the SSAT for review. CSA is also required to provide this information to the other parent. This could include information you have provided to CSA before an objection was lodged.
CSA may also provide information about you to other government agencies you have dealings with such as Centrelink, the Australian Taxation Office, the SSAT, and overseas organisations and authorities.
What should you do first?
Most CSA decisions are formally advised to customers in writing. First, you should read any letter and attachments carefully, and contact a CSA Customer Service Officer on 131 272 if you are not sure about the contents or think the information may be wrong. This gives you and CSA a chance to correct misunderstandings.
The Customer Service Officer can also provide information about the objections process and your appeal rights if you disagree with the objection decision.
Objecting to CSA decisions
What is an objection?
An objection is a request to CSA to formally review a decision. You may wish to object if you believe CSA has:
- used incorrect information
- not considered all the facts
- overlooked relevant details in making a decision (or new information has become available)
- not applied the law correctly.
Decisions you can object to
You are able to object to most CSA decisions.
For example you can object to CSA’s decision:
- on the level of care provided by each parent
- to credit or not credit a Non Agency Payment
- to accept or not accept an estimate of income
- on a Change of Assessment application
- refusing to grant an extension of time.
For a full list of CSA decisions you can object to, visit the website www.csa.gov.au (search for ‘objections’), or call 131 272.
Decisions you cannot object to
There are a number of CSA decisions that you cannot object to. The main ones are:
- parentage—a dispute about parentage can only be resolved in a court
- decisions about collection or enforcement—you cannot object to CSA taking a tax refund, garnisheeing your bank account or the amount of a payment arrangement
- Departure Prohibition Order (DPO) decisions—there are no CSA objection rights or SSAT appeals on these decisions. You must go straight to court or the Administrative Appeals Tribunal.
Please note:
CSA is required by law to pass on all information relevant to the objection to the other parent. This means that—apart from your address and phone number— your unedited objection letter will be sent to the other parent.
How to object
You must send a letter or email that explains why you object and asks CSA to review the decision. You may decide to seek legal advice before you object.
It’s a good idea to check the full list of decisions you can object to at www.csa.gov.au before you start.
Your objection should include the following information:
- the date of the letter advising you of the CSA decision, and the date you received the letter
- the decision you are objecting to and detailed reasons why you think CSA’s decision is incorrect
- documents or evidence to support your objection (if available).
To email your objection letter to CSA—go to the CSA website, www.csa.gov.au, click on the link ‘Contact us’ then ‘Email us’.
Or you can post your objection to the CSA. Check your decision letter or the CSA website for our postal address.
Timeframe
You have 28 days to object from the date that CSA’s letter advising you of the decision was delivered to your address.
If you live overseas in a reciprocating jurisdiction, you have 90 days to object. If you want to object after this period, you must also include a written request for an extension of time explaining why you were unable to object within 28 days (or 90 days), and provide supporting documentation if appropriate.
If CSA refuses your request for extension of time to object, you can appeal this decision to the Social Security Appeals Tribunal (SSAT) (more information on the SSAT).
After you object to a CSA decision
While your objection is being considered, the original decision will still apply. During this time, you may be contacted by CSA for more information or clarification.
The other parent’s response
In most instances, CSA will write to the other parent and send them a copy of your objection letter. The other parent has the opportunity to respond and provide their own documents and evidence. The other parent has 28 days to respond (90 days if they live overseas in a reciprocating jurisdiction).
An Objections Officer will discuss the response and evidence with you, if it is relevant to the decision.
Objection decision
CSA should make a decision about your objection within 60 days. If one parent resides overseas, this may take up to 120 days. In most cases, an Objections Officer will attempt to call you and the other parent, and advise you of the proposed decision.
Once the decision is made, you will be advised in writing if the objection is allowed, partly allowed or disallowed. CSA will amend your child support records and/or assessment if necessary and confirm this in writing.
What if you don’t agree with the objection decision?
You may be able to appeal to the Social Security Appeals Tribunal, the Administrative Appeals Tribunal or a court (see more information about courts).
Non-parent carers
The term ‘parent’ in this brochure also refers to non-parent
carers.
Social Security Appeals Tribunal (SSAT)
The SSAT is an independent tribunal which is able to review most objection decisions made by the Child Support Agency after 1 January 2007. It aims to provide a fair, just, economical and informal review service to parents. The SSAT can affirm, vary or set the decision aside and substitute a new decision, or send the matter back to CSA for reconsideration in accordance with any directions or recommendations of the SSAT.
How does the SSAT work?
- The SSAT usually consists of a panel of two members who take a fresh look at the matter. The other parent is notified that an SSAT review is taking place.
- By law the CSA must provide the SSAT and both parents with any documents relevant to the decision. This may include information you provided prior to the objection and that had not been provided to the other parent before.
- The SSAT panel will conduct a hearing with you and the other parent face-to-face, on the phone or by video conference. CSA may be represented at some hearings.
- The SSAT can only review the decision being appealed to them.
- There is no charge to apply to the SSAT for a review.
- You do not need a lawyer to appeal to the SSAT. However, you can have a lawyer represent you if you choose.
How to apply to the SSAT
Important: Before applying to the SSAT, one parent must have already objected to a CSA decision. See information on objections.
- Contact the SSAT on 1800 011 140.
- Send or fax an appeal form or letter to the SSAT.
- Complete an appeal form at your local CSA or Centrelink office.
Timeframe
You must apply to the SSAT for a review within 28 days of receiving CSA’s objection decision. If you live overseas in a reciprocating jurisdiction, you have 90 days to apply. You may wish to seek legal advice before you do. If you do not apply within 28 days (or 90 days), you may ask the SSAT for an extension of time. If the SSAT refuses to grant an extension of time, you may ask the Administrative Appeals Tribunal to review the decision not to grant extra time (see more details on AAT).
Further appeal
If you do not agree with the SSAT decision, you may appeal to a court but only on a question of law. A question of law is how the law or legal principle was applied to the facts of the case or whether the process was legally adequate. In other words, you cannot apply to a court if you just think the decision was unfair. You may wish to seek further advice about questions of law if you are contemplating appealing.
Decisions that the SSAT cannot review
The SSAT cannot review an objection decision about a Change of Assessment where CSA has refused to make a change because the matters are too complex. In these cases, parents must apply to a court to change the assessment. SSAT can’t review decisions made before 1 January 2007. These decisions can be appealed to the courts (see more details on courts).
More information
To get an SSAT appeal form or for more information call 1800 011 140, visit www.ssat.gov.au, or write to GPO Box 9943, in your capital city.
Administrative Appeals Tribunal (AAT)
The AAT reviews a broad range of administrative decisions made by Government agencies. Only a limited number of decisions about child support are able to be reviewed by the AAT. They are decisions:
- to revoke or not to revoke a Departure Prohibition Order (DPO)
- to issue or to refuse to issue a Departure Authorisation Certificate (DAC)
- about requiring a parent subject to a DPO to provide security for their return to Australia
- to review an SSAT decision to refuse an application for an extension of time.
For information on how to apply to the AAT, call 1300 366 700 or visit www.aat.gov.au
Courts
You can take a matter to court in certain circumstances. For example:
- Parentage decisions —you can go to court for a declaration of parentage in the following circumstances:
- If you believe you are not the parent of a child for whom CSA has accepted a child support application.
- If you have been unable to satisfy CSA that the person from whom you are seeking child support is the parent of the child.
- Varying an agreement —if you have made a child support agreement, you may be able to ask a court to end or vary the agreement.
- Complex Change of Assessment decisions— if you object to a change of assessment decision and CSA decides that the issues are too complex, you can apply to a court to change your assessment.
- If you have other matters already in court —if you are in court for another reason, such as a property settlement, you can also ask a court to change your child support assessment.
- Enforcement of a child support debt —parents entitled to child support can ask a court to enforce payment of a child support debt.
Before applying to a court, you should obtain legal advice.
You can apply to the Family Court, the Federal Magistrates Court, State and Territory Magistrates Courts and the Family Court of Western Australia for all the examples to the left. Generally, you will have 28 days from the date of the decision letter to appeal to the court. However you should contact the court you will be appealing to for the specific time limit. For a full list of matters a court may hear, or for more information, visit the Family Law
Courts website http://www.familylawcourts.gov.au/
Using CSA’s complaints process
CSA takes all complaints very seriously. We recognise that we do not always get it right and we value feedback which allows us to improve our services and processes.
CSA is working to provide excellent customer service. However, if you are not satisfied with the service CSA has provided, or you do not agree with CSA’s actions, you can make a complaint.
If you would like to make a complaint you should follow these steps:
Step One:
Contact CSA and speak to a Customer Service Officer who will try to solve the problem, or let you know if you can object to a CSA decision (see objections).
Step Two:
If you are still not satisfied, you may ask to speak to the Customer Service Officer’s Team Leader.
Step Three:
If you are still not satisfied, call CSA’s Complaints Service on 132 919 and speak to a Complaints Resolution Officer.
Complaints Resolution Officers do not work in CSA’s service delivery area, and can look at your complaint independently.
Commonwealth Ombudsman
If you have been unable to resolve a complaint with CSA you may wish to contact the Commonwealth Ombudsman. The Commonwealth Ombudsman can consider and investigate complaints from people who believe they have been treated unfairly or unreasonably by an Australian Government department or agency.
Call 1300 362 072 or visit www.ombudsman.gov.au
Useful contacts
Child Support Agency
Phone 131 272
www.csa.gov.au
CSA Complaints Service
Phone 132 919
Social Security Appeals Tribunal
Phone 1800 011 140
www.ssat.gov.au
Administrative Appeals Tribunal
Phone 1300 366 700
www.aat.gov.au
Legal Aid
www.nla.aust.net.au
Family Relationship Advice Line
Phone 1800 050 321
www.familyrelationships.gov.au
Family Law Courts
Phone 1300 352 000
www.familylawcourts.gov.au
National Association of Community
Legal Centres
www.naclc.org.au
Commonwealth Ombudsman
Phone 1300 362 072
www.ombudsman.gov.au
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CSA 1313.12.06
