Objections

It is possible to object to many of the decisions made by Services Australia – Child Support if an error has been made in determining the facts or applying the law. Services Australia – Child Support is required to inform people of their objection rights when a decision is made.

An objection is usually lodged in writing. The exception to this rule is that objections in relation to level of care decisions can be made by telephone.

Time limit

A person has 28 days in which to object to a decision by Services Australia – Child Support. This time limit is usually strictly enforced. An application for an extension of time in which to object to a decision can be made either in writing or by telephone.

Decisions commonly objected to include:

Reviews in the Administrative Review Tribunal

Decisions made by Services Australia – Child Support can be reviewed by the Administrative Review Tribunal (ART). A person must first have objected to the decision through Services Australia - Child Support's objection process before they can lodge a review with the Tribunal.

An application for review can be lodged with the ART online, by telephone (1800 228 333) or in writing. Forms and further information can be found at the ART website.

When a review is lodged, Services Australia – Child Support provides all relevant documents to the ART and a copy is given to each party. The Tribunal can request further information to help it make a decision.

If the review is in relation to a Change of Assessment decision, a pre-hearing conference is often held to identify the issues and determine if further information is required from either party. A date will also be fixed for the review hearing.

Both parties attend the review hearing in person, although in some circumstances arrangements can be made to attend by telephone. A person can bring along a support person, but the Tribunal will decide if the support person is allowed to attend the hearing. A party can apply to the Tribunal to allow a representative (including a legal representative) to make submissions at the hearing.

Time limit

If a person is dissatisfied with an objection decision made by Services Australia – Child Support, they have 28 days in which to lodge a review in the ART. This time limit is usually strictly enforced, although an application can be made to the ART for an extension of time in which to seek a review.

Appeals to a court

An applicant who is dissatisfied with a decision of the Administrative Review Tribunal may appeal to a court but only on a question of law. There is a 28 day time limit for lodging an appeal to a court, although an application for an extension of time can be made. It is important to get legal advice before lodging an appeal at a court. In any unsuccessful court application there is a risk that the court could make a costs order.