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The Review Process

After an application is lodged

After an application for a review of a CSA decision is received by the SSAT, a Case Manager is assigned to each case. As the other parent is automatically a party in most child support reviews, a letter is sent to him/her. The SSAT sends a letter notifying the other parent that an application for an SSAT review has been lodged and encloses a copy of the application form, or the SSAT's record of the application if it was taken over the telephone. The CSA then has 28 days to provide the SSAT, the applicant and the other parent with a written explanation of its decision and any other relevant papers from the CSA file. Once these documents have been received, the SSAT notifies the applicant and the other parent of an appointment time for a hearing, or in some circumstances, a pre-hearing conference.

Case Managers

Each application to the SSAT is assigned a Case Manager. The SSAT Case Manager is not the same person as the Case Manager at the CSA. The Case Manager is the first point of contact for parties wishing to contact the SSAT about their SSAT review. Parties are not able to contact SSAT members outside a pre-hearing conference or hearing setting.

The Case Manager's role is to:

Act as a contact point for the parties and the CSA to provide continuity and consistency.
Provide information to the parties in general terms about processes of the SSAT - but Case Managers are NOT members of the Tribunal and are not the review decision-maker.
Handle any documents despatched from the SSAT, or received from the parties.
Arrange hearing dates and process correspondence informing people about the hearing process.

What cannot be done by the Case Manager?

They cannot provide legal advice.
They cannot advise a party in specific and detailed terms what information should be brought to the hearing. They cannot conduct a case for a party.
Some matters can only be determined by the member(s) conducting the hearing, and not Case Managers. For example:

- who will be permitted into the hearing room

- issue notices and directions for the production of documents or witnesses

- make a decision and provide a statement of reasons

- decide whether an extension of time to lodge an application will be granted

As the Case Manager is not the decision-maker they cannot provide an explanation about the decision or provide additional reasons as to why the decision was made. It would be inappropriate for them to do so as they were not involved in making the decision.
The Case Manager is not able to provide information about the impact of a decision on the child support payments or liability to the party. Please contact the CSA to obtain this information.
The Case Manager will not be in attendance at the hearing and cannot act as a party's representative or support person.
The Case Manager will not record the detail of a party's discussion about the case, other than is necessary for administrative purposes. They will not record the detail of conversations and will not pass this information to the SSAT members. Consequently parties should not assume that members are aware of all the detail of conversations with Case Managers.

Security Concerns

If any party has any concerns about their personal security, it is important that this information is provided to the Case Manager at the earliest possible opportunity. At most sites the SSAT routinely organises the attendance of a security guard where any party is attending a child support hearing in person.

If there are any particular security concerns, such as restraining orders or family violence orders, a copy of the order must be provided to the SSAT. The SSAT will then make an assessment as to the most appropriate mode of the hearing in light of that information.

Pre-hearing Conferences

The SSAT will hold a pre-hearing conference if such 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:

explain the hearing process;
explain what matters must be considered;
ascertain whether any of those matters are agreed;
identify any further information or documents required before the hearing;
set a date by which any further information, documents or written submissions are to be provided to the SSAT;
inform the parties of the powers which the SSAT may exercise if a party does not comply with the SSAT's directions.

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.

Withdrawing an application

A person who has lodged an application with the SSAT can withdraw their application at any time. This must be done in writing - which can be by e-mail communication. If an application is withdrawn the review is taken under section 100A of the Registration and Collection Act 1988 to have been dismissed by the SSAT. Both parties have 28 days to apply for the application to be reinstated. A request for reinstatement must be in writing (including by e-mail) and must include the reasons for the request. If such a request is made, the SSAT needs to consider whether it is appropriate in all the circumstances that the matter be re-opened.

The Hearing Panel

Most hearing panels consist of one or two members however the size and composition of the panel is determined by the nature and complexity of the application. The legislation permits a maximum panel size of four although it is extremely rare for such a panel to be formed.

A Presiding Member is responsible for the proper conduct of the hearing and the effective determination of the case.

Hearing Options

Many SSAT hearings are conducted face-to-face with the applicant and other parties in the same room. It is possible to have a hearing where one party is present in the SSAT hearing room and the other party participates by telephone or by video link. It is a matter for the SSAT to decide by what method a hearing is conducted. Where possible, hearings are conducted face-to-face as the interests of the applicant and other parties are usually well served and protected when members, applicants and other parties have the opportunity to speak directly in a hearing environment.

Telephone conferencing continues to provide an alternative in appropriate cases.

The installation of video-conferencing facilities in all SSAT registries aims to maximise the number of face-to-face hearings, while minimising the cost and inconvenience of travel by applicants, other parties and SSAT members.

To ensure the accessibility of its services to those living outside metropolitan areas, the SSAT also conducts hearings in regional centres throughout the country.

For further information about SSAT Hearings please see The Hearing Process.