Under changes made to the Child Support legislation, the SSAT was given the powers to review an objection decision that was made on or after 1 January 2007. An objection decision is a decision taken as a result of an internal review of an original CSA decision by a CSA Objections Officer. Both parents have a right to seek a review of most CSA objection decisions. Each time there is a new objection decision there are rights of review from that particular decision. When an application for review is lodged with the SSAT, the SSAT cannot, except in very limited circumstances, refuse to deal with the application.
Once an application for an SSAT review is lodged, the SSAT is obliged to conduct a full merits review of the decision. Therefore, the entire decision is reviewed. A party cannot request a review of only part of a decision because that is not consistent with full merits review.
This can vary, but usually about 10-12 weeks from the date of lodgement. Complex cases may take longer to finalise.
You may, but are not obliged to, obtain legal advice. Often
parties appear without representation.
If you require information about a lawyer who could provide you
with this type of advice you may wish to contact your local law
society or law institute in your state. They may be able to assist
in providing some names of lawyers who practise in the particular
field of child support law.
If you cannot afford legal advice, there are a range of community
legal services that may be able to assist. Details of these
services can be found in the Community Service Directory on the
Child Support Agency website www.csa.gov.au.
Only those particular legal services can indicate whether or not
they can provide you with legal advice in your particular case.
The other party and the CSA will be told about your application for an SSAT review. You will receive papers relating to your review from the CSA within a period of approximately 28 days. You will be notified about a date of the hearing, or if a pre-hearing conference is to be held, you will be notified about the date of that conference. The SSAT Case Manager can explain the process in greater detail.
No, you do not need to have a representative. Most hearings
proceed without the parties being represented. However if you would
like to have a representative please contact your Case Manager as
you need to complete a form to allow the SSAT to send documents to
your representative and deal with a representative on your
behalf.
For further information please refer to
Representatives.
Hearings are required by law to be conducted in private. However if a person wants a representative to make submissions to the SSAT on their behalf, the Tribunal will decide whether that person is performing the role of representative and should be permitted into the hearing room.
For further information please refer to Representatives.
The common hearing methods are face-to-face (both parties present in the same room) or by telephone (by conference telephone with both parties simultaneously). Sometimes a hearing may be conducted by video-conference link and on occasion, one party appears by telephone and the other in person. In some cases the SSAT may direct the method of hearing, or direct a variation to the usual arrangements.
As a matter of procedural fairness, both parties must be given
an opportunity to comment on each others' information.
For further information please refer to
Information Exchange.
If you are not the applicant you may choose not to take part in
the review process. However if so, you will not have an opportunity
to present information and hear what is said and respond to
comments or information made by the other party. The SSAT will be
dealing with the matter without the benefit of your input and the
decision may be changed to your detriment.
If you are not the applicant and you do not wish to participate in
the review process you may ask the SSAT to remove you as a party to
the review. If the SSAT makes a direction removing you as a party
this means:
The SSAT does not lightly make an order removing someone as a
party. The SSAT is the last opportunity for an independent body to
review all the facts of a particular case. Once the SSAT has made a
decision, it is final (unless appealed on a question of law to a
Court).
If you are the applicant but do not wish to continue the review,
you can withdraw at any time.
You can withdraw your application for an SSAT review at any time but note that the legislation requires that a withdrawal of an application must be in writing. You can email or fax this information to your Case Manager. If you withdraw, the law states that the SSAT will be taken to have "dismissed" your application [section 100A(2) of the Child Support (Registration and Collection) Act].
A copy of the application for review is sent to the parties
(which may be the SSAT's record of an application taken by
telephone). Usually this copy is included with documents sent to
the parties by the Child Support Agency. This application usually
contains some brief information about the basis for the
application.
The CSA will also send you documents relevant to the review. These
papers contain the objection decision (i.e. the decision by the
Objections Officer in the CSA which is being reviewed by the
SSAT)
Any additional information the SSAT receives relevant to the
matter will be sent to you.
The SSAT's Case Manager cannot provide you with any further
explanation over and above what is contained in the papers. He or
she has not been involved in the matter prior to the application
being lodged with the SSAT.
The Case Manager does the administrative work in relation to your case. Case Managers are not involved in the decision-making process. Anything you wish the SSAT to consider must either:
For further information please refer to Case Managers.
No. Case Managers cannot discuss this with you or give you advice as they are not involved in the decision-making process. The SSAT member(s) who conduct the hearing will consider each individual case on its merits. They will consider all the relevant facts and law before reaching a decision.
The applicant must lodge the application for an SSAT review themselves if lodging an application by telephone. This is because it is difficult for the SSAT to establish any authority for anyone else to lodge the application on the applicant's behalf.
The SSAT will hold a pre-hearing conference with you and the
other parties affected by the review if a conference would assist
the Tribunal in its review of the decision.
A pre-hearing conference is usually held in 'change of assessment'
reviews.
The member who convenes the pre-hearing conference will:
A pre-hearing conference is conducted, by telephone, by the SSAT
member who will preside at the hearing. The telephone used by a
party must be in a quiet area where the party will not be
interrupted or overheard. A mobile phone should not be used as loss
of connection or audibility problems may occur.
As something said at the pre-hearing conference might be sought to
be relied on at the hearing, the conference will be electronically
recorded.
If the SSAT decides to convene a pre-hearing conference, a party to a "change of assessment" review must participate in the conference.
No. Pre-hearing conferences are conducted by telephone.
The pre-hearing conference will be conducted as a three-way telephone conference so that both parties can hear each other and the member.
You will need to have the documents which the Child Support
Agency sent you for the purpose of the review. You should also have
with you any other documents which might be relevant to the
review.
Even if you have a representative, you are required to be present
for the pre-hearing conference.
Many child support applications involve a close consideration of a person's financial circumstances. The SSAT requires full and frank disclosure of income, expenditure, assets and liabilities to make the appropriate decision. You must complete the "Statement of Financial Circumstances" form and return it to the SSAT within 14 days of receiving it. For further information please refer to Financial Information.
Yes. The SSAT may draw adverse inferences if you do not comply.
For further information please refer to
Formal Directions/Notices.
If you are the applicant and do not comply with the directions
then you may be removed as a party and the review may be
dismissed.
If you are the second party and do not comply with the directions
then you may be removed as a party and this may adversely affect
you. The hearing can proceed in your absence. The decision may
ultimately be against your interests. If you are removed as a party
you do not have the appeal rights of parties under the child
support law and you will not be sent a copy of the decision or
reasons for the decision.
No. The time and date of the hearing will be set by the SSAT. If there is any particular day or time you cannot attend your hearing you should discuss this with your Case Manager as soon as possible before a date is set. The SSAT cannot accommodate ordinary work and household commitments but will have regard to significant reasons for unavailability such as an illness which is of sufficient severity to prevent a person participating in the hearing even on the telephone.
A request for an adjournment must be made in writing, and must state the reasons for the request. Any supporting evidence, such as a medical certificate or report, must be provided with the request. A medical certificate or report must state why the party is not fit to participate in a telephone conference. The request must be made at least 14 days before the pre-hearing conference. The SSAT cannot grant a request for an adjournment made within 14 days of the pre-hearing conference unless there are compelling reasons.
You should set aside at least one and a half hours. Occasionally, a pre-hearing conference may take up to three hours. You must make sure that you are able to fully participate in the conference without interruption.
The SSAT will determine how any non-compliance should be dealt
with. The consequence may depend on the degree of
non-compliance.
The SSAT may decide to remove them as a party and/or draw adverse
inferences in making their decision. If the other party is the
applicant and has been removed as a party then the SSAT may decide
to dismiss the review with your consent.
There are a number of circumstances where the SSAT can remove a person as a party, for example if the SSAT is satisfied you do not intend to proceed or you fail to comply with a direction or order of the SSAT. If you are removed as a party:
Under the Child Support legislation you are legally required to
provide any information to the SSAT as directed.
You have an obligation to make full and frank disclosure to the
SSAT of, for example, your financial affairs in a departure
application (change of assessment matter) or in any matter where
such affairs are relevant. The SSAT member(s) make decisions based
on the information available and may make an adverse inference if
you do not provide information requested. If you receive a
"Statement of Financial Circumstances" form from the SSAT, you must
complete the form and return it to the SSAT within 14 days of
receiving it. Please note that in most cases the SSAT is the last
"merit" based review right - and in most cases you can not provide
new information later (factual material) to an appeal court.
It is up to you what information you supply to the SSAT, in addition to any directions made by the SSAT to produce certain information. Any matter and information that you believe is relevant to the application should be put before the SSAT. A Case Manager cannot give you advice about whether you have supplied enough material.
It is not appropriate for the SSAT to act as advisor and tell
parties exactly what evidence they should provide. Such advice
would be inconsistent with its independent decision-making role.
However, the following information is provided to assist parties to
make a decision about evidence they may provide.
Ask yourself the questions:
Any "evidence" should relate to the earlier questions. If your
case is that something has occurred (whether that is a payment has
been made by you; that you have incurred expenses; that someone is
employed; that an agreement was reached about schooling; that you
have care of the children in a particular period), any "evidence"
which helps to show that that is the case may assist the SSAT. This
evidence may be in the form of a document, or a witness to give
oral evidence.
Here are examples of the types of evidence produced in some
matters:
Although the SSAT is not bound by rules of evidence the more
direct and first hand the information is the more reliable it is.
The more remote or second hand it is the less weight it will
carry.
If a document is critical to your case it may be preferable for
you to provide a copy to the SSAT prior to the hearing and bring
the original document, especially if there is any issue about the
genuineness of the document. Where there is no issue about the
genuineness a copy of the document should suffice.
You should ensure that the material you bring is relevant to the
issues raised in the application. It is unhelpful to have abusive
correspondence between parties unless it is produced to show
something relevant. It needs to have some other purpose than
showing the other person in a bad light.
If you are not the applicant (the person who lodged the
application for an SSAT review) it is your choice whether or not
you participate in the review process. Generally, you can
participate by telephone if you are unable, or do not wish, to
attend in person.
However, you need to be aware that there may be ramifications to
your child support payments if you choose not to participate. You
have a right of response to the review as your interests may be
affected by the outcome of the review.
If you do not participate you will not hear what is said at the
hearing by the other party. You will not be able to tell the SSAT
your version of events or respond to matters put by the other
party. The SSAT will not have the benefit of your input. A decision
may be made which is against your interests. If you do not
participate but then do not agree with the decision which is made
you cannot ask for the matter to be reheard by the SSAT. You have
lost the right you had to put facts to the SSAT. You can only
appeal on a point of law and generally an appeal court will not
admit facts or material which was not before the SSAT.
You can bring anyone to the SSAT premises but the hearing is
required by law to be held in private. This means that the SSAT
restricts who can enter the hearing room. If you intend to bring a
witness to give evidence at the hearing you must notify the SSAT at
least 14 days before the hearing. For further information please
refer to
Who can attend a hearing?
Important: Children should not be brought to the
SSAT as they are not permitted in the hearing room and the SSAT
does not provide any child care or minding facilities. Children
also cannot by law be used as witnesses.
There is no requirement to use a lawyer as your representative, but if you wish to have a lawyer as your representative you need to meet this cost yourself. The SSAT has no power to make orders for legal costs.
You should send it to the SSAT at the earliest opportunity. The Presiding Member (chair of the hearing panel) will decide whether or not it is to be taken into account. Late receipt of information may cause a delay in finalising the hearing as it is important that other parties have an appropriate opportunity to consider and respond to all material.
Yes, both parties will be present at the time of the hearing,
unless the hearing is by telephone or the other party has elected
to be removed as a party from the review. The parties are heard
together so that the hearing is procedurally fair and so each hears
what is being said by the other.
The hearing is controlled by the member(s) of the SSAT who are
conducting the hearing. You are addressing your comments to the
SSAT member(s), not the other party. At most sites a security guard
is routinely present at SSAT premises at all face-to-face CSA
review hearings.
If you have a current family violence order or its equivalent, in
your State or Territory, between yourself and the other party, you
can request to participate by telephone. Please advise your Case
Manager well in advance of the hearing if this is the case. You
must provide the SSAT with a copy of the order.
If you have a current family violence order, or any order of a similar type, you should provide a copy to your Case Manager as soon as possible. The Case Manager will forward this on to an SSAT member who will make a decision on the appropriate way to proceed with the matter in light of this information. Your Case Manager will then contact you to advise about how your hearing will be conducted. Usually the hearing will proceed by telephone. You may not need to speak directly to the other party, only to the SSAT member(s) who are conducting the hearing, however you can hear the other party's responses and vice versa.
At the hearing, you will need to have with you your review
papers that the CSA sent to you. If your SSAT Case Manager has sent
you any additional papers, please also have these papers with
you.
Please note that new information will be accepted at the hearing
only at the discretion of the SSAT and late production of
documentation may delay the resolution of the hearing. It is your
responsibility to provide information to the SSAT at least 14 days
before the date of the pre-hearing conference (if held) or
hearing.
The SSAT members only consider information which they consider to be relevant to the decision under review. Parties are entitled to put information before the SSAT which they think will assist their case. By sending material to you, a Case Manager is not making any judgment about its relevance. The member(s) hearing the matter will decide what is relevant. You can comment at the hearing about the accuracy or otherwise of any evidence presented by the other party. Case Managers cannot make any decision about relevance or accuracy of information provided by any party in advance of the hearing.
Ordinarily, yes. You can however request to participate by telephone rather than attend in person. In most sites, security guards are often in attendance at SSAT premises for either child support or other hearings. Please remember the hearing setting is such that you are addressing your comments to the SSAT member(s), not the other party. The SSAT member(s) control the hearing and do not allow disrespectful, time-wasting or harassing behaviour.
The SSAT's powers are contained in the Child Support
(Registration and Collection) Act. The SSAT has the power to
affirm (confirm), vary or set aside (change) the objection decision
of the CSA.
It has powers which include the following:
The SSAT takes a fresh look at the case, taking into account any events which might have occurred since the original decision was made. The SSAT's findings are usually based on information contained in the CSA file and the evidence presented by the applicant and other parties to the review. In making decisions, the SSAT applies the relevant legislative provisions to its findings of fact. In interpreting those provisions, the SSAT is bound to follow decisions of the Federal Court, the Family Court and the High Court. It also follows its own relevant previous decisions and decisions of the Administrative Appeals Tribunal, although it is not strictly bound by them.
Anyone can attend at the SSAT premises but the hearing itself is
required by law to be private and only people performing particular
roles are permitted to be in the hearing room. For further
information please refer to
Who can attend a hearing?
Generally your current partner will not be permitted in the
hearing room. If your current partner is giving evidence, he/she
will be allowed in the hearing room for that part of the hearing
only. If you intend to bring your current partner, or any other
witness, to give evidence at the hearing you must notify the SSAT
at least 14 days before the hearing. For more information, refer to
Witnesses.
You may put these questions to the SSAT member(s) at the hearing. They will determine whether the questions are relevant and decide what questions will be put to the other party. Often the questions will then be asked of the other party by the SSAT member(s). It is up to the SSAT to control the hearing process.
Hearings are usually conducted by one or two members. SSAT members are not public servants but are appointed to be members of the SSAT by the Governor-General. They have varied backgrounds which may include law, accounting, welfare or public administration. One of the members at the hearing is the 'presiding member' who chairs the hearing.
No. Ordinarily the SSAT member(s) would not receive information which has not been provided to all parties. The usual practice is that anything you send to the SSAT will be given to all parties involved in the review, unless the SSAT member(s) decide that the document or information contained in the document is not relevant to the review. You need to ensure that you delete anything you do not want to be released. For further information please refer to Information Exchange.
Ordinarily both parties (payer and payee) will participate in the hearing and be asked to explain why they agree or disagree with the decision of the CSA. A representative from the CSA does not usually attend the hearing. On occasions the SSAT will request the attendance of someone from the CSA. Other persons such as representatives or witnesses will only be in the hearing room if the SSAT Presiding Member considers it appropriate.
No. There is a conflict in the same person performing those two roles. The SSAT may decide on the day of the hearing if a person, other than a party, who comes to the SSAT is needed to give evidence. This will depend on the SSAT deciding that the evidence is likely to be relevant to the review. Ultimately the SSAT will determine what is appropriate within the hearing setting. You must, however, notify the SSAT at least 14 days before the hearing if you intend to have a witness give evidence at the hearing. For further information please refer to Who can attend a hearing? and Witnesses.
Often a decision is not made on the day of the hearing. Sometimes the SSAT will need additional time to make a decision, for example, in cases where the members need to discuss the case between themselves or additional information is required. If the matter is not adjourned, you should get your decision within 14 days of the hearing.
Adjournments are made for one or more of the following reasons:
Adjournments will not be granted to cater for the particular convenience of one party.
If you want the SSAT to adjourn a hearing or pre-hearing conference, you must:
If you, or another party, request an adjournment within 14 days of the hearing or pre-hearing conference, the SSAT will not grant the request unless there are compelling reasons.
Yes, if it is relevant to the review and contains new information which calls for a response. The SSAT member(s) will make this decision.
Ordinarily, once the hearing is concluded. However, if there is an adjournment to enable the receipt of additional information or submissions, then the SSAT must ensure that all information which is relevant to the review is exchanged between all of the parties as a matter of procedural fairness.
Time for adjournments is limited. Some complex cases may however take longer to resolve. The SSAT may refuse to adjourn a hearing if it had already been adjourned once or if it is satisfied that granting another adjournment would be inconsistent with its responsibility to determine reviews as soon as reasonably practicable.
No, not usually. In a very small number of cases, if necessary, there may be a reconvened hearing. This is determined by the Presiding Member.
Not usually. Very good reason would need to be demonstrated as
to why the new information was not produced at the hearing, e.g. it
came into existence unexpectedly after the hearing and is relevant.
It will be up to the Presiding Member to decide whether to allow
further information to be provided at that point.
Once the SSAT's decision has been sent to the parties, no new
information will be accepted by the SSAT.
If a decision is made on the day of the hearing, you should get
your decision within 14 days of your hearing.
If there is an adjournment of the matter you will receive your
decision within 14 days of the day on which a decision is
made.
You will be notified if there is an adjournment.
Once a decision has been provided to the parties, the SSAT is unable to re-consider your review. If you believe the decision is wrong on a matter of law you can lodge an appeal with a court. The Federal Magistrates Court is the court which most frequently deals with such appeals. The Family Court and certain State and Territory courts may also deal with such appeals. You also have review rights to the Administrative Appeals Tribunal if the decision related to an extension of time request or a care decision which relates to the care of children after 1 July 2008.
Once a decision is handed down, the SSAT is unable to re-consider the matter. It cannot be re-listed before other members. If you have a complaint you wish to lodge with the SSAT about the way you were treated by the member(s) you should put this in writing, and in turn your complaint will be responded to in writing. For further information please refer to Complaints.
No, decisions are advised in writing. The decision is finalised at the time the copies are despatched to the parties.
No. You are only able to speak to the member(s) at a pre-hearing conference or in a hearing.
The SSAT does not have the recordings of its hearings transcribed. The SSAT Child Support Review Directions 2009 prohibit the SSAT from giving the recording, or a copy of it, to a party. However, if a party appeals on a question(s) of law from the decision of the SSAT to a court with jurisdiction and the SSAT Principal Member considers that the transcript is relevant to that question(s), the recording of the hearing will be given to Auscript (see below for details). The party wishing to purchase the transcript should complete an Auscript order form. The cost associated with a transcription request is indicated on the order form. The cost must be paid by the person requesting it. It is not paid for by the SSAT.
Auscript Australasia
Level 16, Santos Place
32 Turbot Street
Brisbane QLD 4000
Phone: 1800 287 274
Fax: 1300 739 037
Email: clientservices@auscript.com.au
You need to contact the CSA to obtain information on how the SSAT's decision will affect your child support as the CSA implements the decision. The SSAT Case Manager cannot provide this information. The members and SSAT Case Managers are not involved in implementing the decision.
If you are a party you have a right of appeal from the SSAT's decision.
Your SSAT Case Manager cannot explain the decision to you as
they were not part of the decision making process. The SSAT's
reasons are set out in writing (unless given orally). The SSAT
cannot provide additional reasons or explanations for the decision.
The written reasons alone are the explanation for the
decision.
If you want to know about the effect the decision will have on
your child support case, you need to speak to the CSA. You may also
wish to seek legal advice if you do not understand the
decision.