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Role of the SSAT in Child Support matters

The SSAT is an Independent Tribunal

The SSAT is an independent administrative merits review tribunal. It is completely separate from the Child Support Agency (CSA).

The role of the SSAT is to review particular decisions, namely certain objection decisions made by the CSA, and make a new decision. In making a new decision it is bound by the same law that binds the CSA. This law is contained in the Child Support (Assessment) Act 1989 and the Child Support (Registration and Collection) Act 1988.

The SSAT makes a completely new decision in each case, determining what is the correct (in terms of legally correct) or preferable (in terms of the exercise of a discretion) decision. It is important to note that before a person can apply to the SSAT and get a new decision, the law requires that the person must first seek an internal review by the CSA, i.e. get an 'objection decision' from the CSA. The application to the SSAT is against the objection decision of the CSA. There is no presumption by the SSAT that the objection decision by the CSA is correct or incorrect.

A party cannot choose to have only part of the objection decision reviewed. In conducting a merits review, the entire decision is reconsidered by the SSAT.

The role of the SSAT is not to decide whether there was an error made by the Child Support Agency. That role is the function of an appeal court. The SSAT is a tribunal, not a court, and its function is to make its own decision on the review.

Powers

The SSAT's jurisdiction and powers are derived from the Child Support (Registration and Collection) Act 1988. Before a person can apply for an SSAT review the decision must be reviewed by the Child Support Registrar, in practice a CSA Objections Officer. People affected by the objection decision may then apply to the SSAT for review of that decision.

The SSAT may affirm the objection decision, vary it or set aside the objection decision and substitute a new decision.

Once an application has been received by the SSAT it must deal with the application. There are only limited circumstances in which the SSAT can dismiss an application or otherwise decline to hear it.

Jurisdiction

The jurisdiction of the SSAT is limited to child support matters described in legislation.

The SSAT's role in this field is confined by law to child support matters. It has no power to deal with other family law issues such as parenting orders or property settlements. In addition, the law sets out with what particular matters the SSAT can deal. Generally, it cannot deal with matters such as the recovery of arrears of child support or make orders as to the manner in which child support is paid.

Sometimes there are several different child support issues which are in dispute at the same time. The SSAT cannot always deal with all child support issues which may be in dispute between the parties on the one occasion. In reviewing a particular decision the SSAT is limited to considering decisions which were made by the CSA Objections Officer.

Example 1

If a change of assessment decision has been made by an Objections Officer and that was the only decision made on that occasion, in reviewing that decision, the SSAT cannot make a "change of care" decision.

Example 2

If the objection related to a non agency payment (NAP) and whether that payment should be credited for the purposes of child support, in reviewing that decision, the SSAT cannot make a change of assessment decision.

In cases where there are multiple issues in dispute, parties should not assume that the SSAT can deal with all of them at the same time unless an Objection Officer has made a decision in relation to each of those matters.

The Inquisitorial Model

Processes of the SSAT are based on an inquisitorial (inquiry) model rather than an adversarial (between two or more parties) model. An adversarial model is that used by many courts where the parties essentially determine the framework of the dispute. With an inquisitorial model the SSAT is responsible for identifying the issues and making a decision about what evidence to gather to enable it to carry out its review function.

Consequently in child support reviews it is the SSAT's function (rather than the parties) to:

identify the issues which are relevant, and
determine what evidence is required.

The SSAT may:

question the parties to elicit information
require the attendance of witnesses
question any witnesses to elicit information
require the production of documents by the parties or other persons.

However, the SSAT is not an investigation agency so cannot conduct enquiries in the nature of a broad-based investigation.

In child support matters, the SSAT provides the final tier of review on questions of fact. The SSAT is bound to follow the relevant law as contained in decisions of courts such as the Federal Magistrates Court, the Family Court and the High Court. The SSAT is obliged to consider the evidence in detail. Consequently its inquiry and its reasons may be more extensive than is provided by the Child Support Agency.

Adverse Decisions

The SSAT makes a new decision in every case. Sometimes the decision may result in a worse outcome for the applicant.

Example

In a change of assessment matter the CSA Objections Officer may have decided to set a party's adjusted taxable income amount to a figure of $55,000. That party may think that that amount is too high and apply to the SSAT for a review. The SSAT may decide that a change of assessment is justified but that the income should be set at $60,000. (Conversely, it may determine that the amount should be set at $40,000).

The example highlights the need for parties to be aware that, in making a review application to the SSAT in some types of matters - especially change of assessment matters - there is the possibility of a worse outcome.

The SSAT is different to a government department

The SSAT is not a government department and does not operate in the same way as a government department. SSAT members are appointed by the Governor-General and therefore are not public servants. They are not subject to direction as to the decisions they make. The SSAT's role is to apply the law to the facts as it sees the matter in each individual case and to operate fairly and independently of any particular party.