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Decisions that can be reviewed

Decisions that CAN be reviewed by the SSAT

Most child support decisions of the CSA can be reviewed by the SSAT. Child support reviews by the SSAT typically relate to the following decision types which have been through the CSA objection process:

making or refusing to make a departure (change of assessment) determination
crediting or refusing to credit a non agency payment
as to the particulars of an administrative assessment:

- estimate of income;

- level of care of children of the assessment;

- continuation of an administrative assessment or a child support agreement after a child turns 18.

setting a particular date as the start date for the payment of child support
decision to collect or refusing to collect three months arrears
refusing to remit estimate
refusing to remit late payment penalties
refusing or accepting an application for administrative assessment
refusing or accepting a child support agreement
making an appealable collection refusal decision

or where there has not been a Child Support Agency Objection decision, the following case type:

refusing to grant an extension of time to object

Decisions that CANNOT be reviewed by the SSAT

The following decisions cannot be reviewed by the SSAT:

disputes as to parentage of children for whom child support is claimed
departure prohibition orders
departure (change of assessment) decisions which are deemed "too complex"
matters where a departure (change of assessment) is sought for a period going further back than 18 months, in the absence of a Court order.

These decisions can be appealed to a court, with the exception of certain types of departure prohibition order decisions, which may be reviewed by the Administrative Appeals Tribunal.

Court Appeals

Under child support legislation, in most cases, a party cannot choose to appeal to court instead of the SSAT. However a party can appeal directly to a court in the following limited circumstances in relation to departure orders (change of assessment matters):

where the CSA or the SSAT has decided that the matter is "too complex"
where there is an application pending in the court involving at least one of the parties, and the court is satisfied that it would been in the interest of the parties for the court to consider whether a departure order should be made

Also, a Court alone can decide other matters, for example;

to set aside a child support agreement, or
to order payment of child support in the form of a lump sum
to order the recovery of a child support debt, and
to determine the recovery of child support where no liability to pay exists (for example, where it is asserted that a child is not the child of the payer)

Decisions that can be reviewed

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