Objections, complaints and reviews – your rights following Child Support Agency decisions

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 fact sheet provides information on:

Objecting to CSA decisions

What should you do first?

Most CSA decisions are advised to customers in writing. Read any letter and attachments carefully. If you think a decision is unclear or contains inaccurate information, contact the CSA on 131 272*.

The CSA can let you know the options available and tell you about the objections process and your rights if you disagree with the objection decision.

What is an objection?

An objection is a request to the CSA to formally review a decision. You may wish to object if you believe the CSA has:

Decisions to which you can object

You can object to most CSA decisions. For example:

For a full list of CSA decisions to which you can object, visit our website www.csa.gov.au (search for ‘objections’), or call the CSA on 131 272*.

Decisions to which you cannot object

There are a number of CSA decisions that you cannot object to. The main ones are:

If you disagree with the CSA’s decision to issue a DPO, you may apply to the CSA to have the DPO revoked or varied. In some cases, you may be able to apply to the AAT if you disagree with a CSA decision about:

How to object to CSA decisions

To object to a CSA decision (other than a care percentage decision), send a letter or email explaining why you object and asking the CSA for a review. To object to a care decision, see “How to object to care percentage decisions” below.

You can check the full list of decisions to which you can object at www.csa.gov.au, or you can discuss your options by calling 131 272*.

Your objection should include the following information:

To email your objection, go to the CSA website, select ‘Contact’ then ‘Enquire online’ and complete the online form, including your case number and daytime telephone number. A Customer Service Officer will contact you to discuss your objection within 28 days. You can also post your objection to the CSA at GPO Box 9815, in your capital city.

IMPORTANT

The CSA is required by law to pass all information relevant to the objection to the other parent. This means your objection letter, email and evidence relevant to your objection will be sent to the other parent. The CSA will not pass on your postal address, email address or phone number.

Information that you provided to the court about your own affairs may be provided in support of your objection.

The Child Support Agency cannot use court documents or information relating to the other party that were provided by that other party during a court proceeding.  However, you may be able to use documents or information provided in the Family Court of Australia, the Family Court of Western Australia or the Federal Magistrates Court where:

1. you have obtained the consent of the other party for the CSA to use that information for child support purposes.  We will need to confirm that consent; OR

2. the court has made an order that the documents/information can be released from any implied undertaking or duty or Court rule relating to their non-disclosure; OR

3. the legal representatives involved in your family law proceedings have provided a letter stating that the document/information was used in open court.

If none of the above criteria are satisfied, please do not provide the court documents with your objection or objections response.

Please ring CSA to find out more.

How to object to care percentage decisions made by the CSA or the Family Assistance Office (FAO)

The CSA and FAO now use the same rules to work out the percentage of care you provide. This means that one care decision will be used for both child support and family assistance.

If the CSA made the original care percentage decision and you disagree with it, you can lodge your objection over the telephone or in writing.

When calling the CSA, please have the letter containing the decision you are objecting to as you will need to provide:

If the FAO made the original care percentage decision and you disagree with it, please call the FAO on 136 150*as they will have all the background information used to make the original decision. If you are not a FAO customer, you can contact the CSA in the first instance.

Timeframe

For CSA decisions (excluding care percentage decisions), you have 28 days to object from the date the 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. Objections received outside these timeframes cannot be considered. If you want to object after this period, you must also make a request for an extension of time in writing, or by calling the CSA on 131 272*. Remember to explain why you were unable to object within the timeframe and provide supporting documentation if appropriate.

If the CSA refuses your request for an extension of time to object, you can apply to the SSAT for a review of the extension of time decision.

If you are objecting to a care percentage decision, you can lodge your objection at any time. However, if you do not lodge your objection within 28 days (or within 90 days if you live overseas in a reciprocating jurisdiction) the CSA will only be able to give effect to any changes from the date you lodged your objection. If there are special circumstances that prevented you from lodging your objection within the timeframes and you would like the decision to take effect from an earlier date, you must contact the CSA as soon as possible.

After you object to a CSA decision

An Objections Officer will handle your objection by:

While your objection is being considered, the original decision will still apply. You can contact the Objections Officer handling your objection for updates or information about the process.

Open exchange of information

During the objection process, relevant information provided to the CSA by a customer must be exchanged with the other party, by providing them with a copy of the information or discussing it with them over the phone.

This ensures a fair and reasonable decision making process and gives anyone who may be affected by the information an opportunity to respond before it is used by the CSA.

If you have any questions about open exchange of information, please contact the CSA.

The other parent’s response

The CSA will contact the other parent to discuss the objection and may send them a copy of your objection letter and any additional evidence relevant to the decision. If you lodged an objection to a care percentage decision over the phone, the CSA will contact the other parent who has 28 days to respond (90 days if they live overseas in a reciprocating jurisdiction) and provide their own documents and evidence. If they do not respond within these timeframes, their response may not be considered. If the parent responding to the objection provides their own information and documents to the CSA, copies of these documents may be provided to you.

If it is relevant to the decision, an Objections Officer will discuss the response and evidence with you.

Objection decision

The CSA will make a decision about your objection within 60 days. If one parent resides overseas, the CSA has up to 120 days. In most cases, an Objections Officer will attempt to call both parents and advise them of the proposed objection decision.

Once the decision is made, you will be advised in writing whether the objection is allowed, partly allowed or disallowed. If necessary the CSA will amend your child support records and/or assessment and confirm this in writing.

If you don’t agree with the objection decision

You may be able to appeal to the Social Security Appeals Tribunal (SSAT) for a review.

Seeking further review of a CSA or FAO decision

Social Security Appeals Tribunal (SSAT)

The SSAT is an independent tribunal that can review most objection decisions. Because the SSAT is an independent body, the CSA or FAO can only be involved in the SSAT process by providing documents relevant to the objection decision being reviewed, or attending hearings. The CSA or FAO cannot help you prepare your SSAT appeal.

The SSAT can affirm, vary or set the CSA or FAO decision aside and substitute a new decision, or send the matter back for reconsideration in accordance with any directions or recommendations they provide.

How does the SSAT work?

IMPORTANT

If you or the other parent appeals to the SSAT, the CSA or FAO is required to provide all information that is relevant to the decision to the SSAT for review. The CSA and FAO may also be required to provide this information to both parents. This can include information you provided to either agency before an objection or a review was lodged.

Decisions that the SSAT cannot review

The SSAT cannot review an objection decision about a Change of Assessment where the CSA has decided that the issues raised in the application are too complex and should be referred to the courts. In these cases, parents must apply to a court to change the assessment.

The SSAT cannot review CSA decisions made before 1 January 2007. These decisions can be reviewed subject to an application to the courts.

How to apply to the SSAT

You can contact the SSAT on 1800 011 140 or visit www.ssat.gov.au, print out an appeal form from the SSAT website and send it to the SSAT at GPO Box 9943, in your capital city. You can also complete a form at your local CSA or Centrelink office.

If you are located overseas and wish to appeal to the SSAT for a review of an objection decision, you should contact the SSAT, preferably by email. The SSAT will discuss arrangements for the hearing with you. 

During the discussion you will be asked how you would like to provide evidence (by writing, by phone, by video conference, or through a representative). The SSAT can then determine whether your preference is appropriate.

Please note that under legislation the final determination on these matters is made by the SSAT. It is important to make early contact with the SSAT. 

 

IMPORTANT

Before applying to the SSAT, one parent must have already objected to a CSA decision (CSA or FAO if related to a care percentage decision) and received a decision on that objection.

Timeframe

Unless you are applying for review of a care percentage decision, you must apply to the SSAT for a review within 28 days of receiving the CSA’s objection decision. If you live overseas in a reciprocating jurisdiction, you have 90 days to apply.

If you do not apply within the timeframe, you may write to the SSAT requesting an extension of time. You cannot apply for this extension over the phone. If the SSAT refuses to grant an extension of time, you may lodge an appeal with the AAT to review the decision not to grant extra time.

If you are seeking review of a care percentage decision, you can apply to the SSAT at any time. If you do not apply within 28 days (or 90 days if you live overseas in a reciprocating jurisdiction), the SSAT decision will only affect your child support assessment from the date you applied. If you are appealing a CSA care percentage decision and the SSAT is satisfied that there were special circumstances preventing you from applying within 28 days, they may decide that the decision should take effect from an earlier date. If you are appealing a FAO care percentage decision the CSA will make a decision about when to apply any changes to your child support assessment.

Further appeal

If you do not agree with the SSAT decision, you can only appeal to a court on a question of law (how the law or legal principle was applied to the facts of the case or whether the process was legally correct). You cannot apply to a court if you simply disagree with the decision. You may wish to seek further legal advice if you are considering appealing a SSAT decision.
If you are dissatisfied with a SSAT decision in relation to the percentage of care for a child or a refusal to grant an extension of time to lodge an objection, you may apply to the AAT for a review of the decision.

More information

For more information call 1800 011 140, visit www.ssat.gov.au, or write to GPO Box 9943, in your capital city. You can also email the SSAT in the relevant city, e.g. sydney@ssat.gov.au.

Administrative Appeals Tribunal (AAT) and the courts

You can apply to have some decisions reviewed by the AAT. The AAT reviews a broad range of administrative decisions made by Government agencies. The AAT can only review a limited number of decisions about child support.

For more information about the AAT process, the decisions they can review and how to apply, call 1300 366 700 or visit www.aat.gov.au

You can also take a matter to court in certain circumstances. Before applying to a court, you should obtain legal advice. For more information call the Family Law Courts on 1300 352 000 or visit www.familylawcourts.gov.au.

Using CSA’s complaints process

If you are not satisfied with the service the CSA has provided, you can make a complaint. Your experience can help improve our service.

Asking us to review a child support decision that you think is wrong—i.e. objecting—is different from making a complaint about the service you have received.

If you would like to make a complaint you should follow these steps:

Commonwealth Ombudsman

If you have been unable to resolve a complaint with the CSA you may wish to contact the Commonwealth Ombudsman. The Commonwealth Ombudsman 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

What about customer privacy?

The information requested by the CSA is required by child support law. We don’t pass your personal information on to the other parent, unless it is required by law or necessary to make a decision affecting the other parent.

Some information may be passed to Centrelink, the Australian Taxation Office, the Family Assistance Office or the Social Security Appeals Tribunal. The CSA may provide your contact details to people contracted by us to deliver services or to carry out research to improve our services. You are not obliged to participate in any programs or research.

If you are a mutual customer of the CSA and FAO, we will disclose details of determinations about the percentage of care provided to a child to the FAO. This will allow them to apply the same care percentage when assessing Family Tax Benefit amounts in relation to that child.

Our guidelines on privacy are in accordance with the Privacy Act 1988. For more information about how we treat your personal information, see the Guide on the CSA’s website at www.csa.gov.au. For more information about the Privacy Act and privacy generally, call 1300 363 992 or see the Privacy Commissioner’s website at www.privacy.gov.au.

Other useful contacts

* Call charges may apply

CSA 1313.10.10