Frequently Asked Questions

Lodgement of Appeals

1. Why can my ex-partner appeal the decision?

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 appeal from that particular decision. When an appeal is lodged with the SSAT, the SSAT cannot, except in very limited circumstances, refuse to deal with the application.

2. Can I request what parts of my decision are looked at within the appeal?

Once an appeal 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.

3. How long will my appeal take to go to hearing?

This can vary, but usually about 10-12 weeks from the date of lodgement. Complex cases may take longer to finalise.

4. How can I obtain legal advice?

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.

5. I have registered my appeal, so what happens now?

The other party and the CSA will be told about your appeal. You will receive papers relating to your appeal 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.

6. Do I need a representative?

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.

7. Can I have a representative at the hearing?

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.

• a lawyer or advocate is ordinarily permitted as they attend the hearing to represent a party
• other persons may not be permitted if they are attending in other capacities (e.g. as a witness), or if the hearing would be adversely affected by their attendance (e.g. new partners of parties)

For further information please refer to Representatives.

8. How will my appeal be heard by the SSAT?

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.

9. Why does the other party have to see my information?

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.

10. Do I have to take part in the appeal process?

If you are not the applicant you may choose not to take part in the appeal 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 appeal process you may ask the SSAT to remove you as a party to the appeal. If the SSAT makes a direction removing you as a party this means:

• you will no longer receive any documents or information in relation to the appeal;
• you have no right to participate in any hearing related to the appeal;
• the SSAT can still make a decision that might adversely affect you;
• you will not receive a copy of the SSAT’s decision or statement of reasons;
• you will have no right of appeal under the child support law to the Administrative Appeals Tribunal or a Court such as the Federal Magistrates Court.

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 appeal, you can withdraw at any time.

11. How do I withdraw my appeal?

You can withdraw your appeal at any time but note that the legislation requires that a withdrawal of an appeal 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 appeal [section 100A(2) of the Child Support (Registration and Collection) Act].

12. I have just been contacted and advised that there is an SSAT appeal. Can you tell me what the appeal is about?

A copy of the application for review (appeal) 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 appeal.

The CSA will also send you documents relevant to the appeal. These papers contain the objection decision (i.e. the decision by the Objections Officer in the CSA which is being appealed to 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 appeal being lodged with the SSAT.

13. What is the role of the Case Manager?

The Case Manager does the administrative work in relation to your appeal. Case Managers are not involved in the decision-making process. Anything you wish the SSAT to consider must either:

• be put in writing so that it can be forwarded to the SSAT members who make the decisions; or
• alternatively you can speak about the matter at the SSAT hearing.

For further information please refer to Case Managers.

14. Can the Case Managers or SSAT staff tell me my chances of success with my appeal?

No. Case Managers cannot discuss this with you or give you advice as they are not involved in the decision-making process. The SSAT members 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.

15. Who can actually lodge the appeal by telephone? Does it need to be the applicant themselves, can other family members lodge on their behalf; e.g. their mother or new partner?

The applicant must lodge the appeal themselves if lodging an appeal by telephone. This is because it is difficult for the SSAT to establish any authority for anyone else to lodge the appeal on the applicant’s behalf.

Pre-hearing Conferences (PHC)

16. Is a pre-hearing conference necessary? What is the purpose?

In some types of matters the SSAT has decided that a pre-hearing conference is necessary to appropriately deal with the application. The SSAT usually holds a pre-hearing conference in “Change of Assessment” cases, but may hold a pre-hearing conference in other cases such as in relation to non agency payments. A party to a "Change of Assessment" appeal who is requested by the SSAT to participate in a pre-hearing conference must comply with the request.

A pre-hearing conference is convened by a single member of the SSAT and aims to:

• explain the hearing process;
• identify the issues in dispute between the parties;
• identify any additional information or documents which the SSAT considers should be provided and make directions to provide such documentation;
• where appropriate, investigate the possibility of an agreement between the parties so that a full hearing is not necessary; and
• if there is no resolution of the matter by agreement or otherwise, to set a date for hearing.

17. How do I prepare for a pre-hearing conference?

To prepare for a pre-hearing conference:

• You need to arrange to be in a private place where you will not be disturbed for a period of approximately 1.5 hours. Occasionally a pre-hearing conference may last up to three hours. If you can arrange a speaker telephone it would allow you to look at papers if that becomes necessary.
• You need to have with you the papers relating to the appeal which have been sent to you by the CSA and the SSAT.
• Consider whether there is any possibility of reaching an agreement. Is there an amount you may be willing to consider to resolve the matter?
• Consider whether there are any additional documents which are necessary for the hearing which are not already before the SSAT.
• Remember that it is not a full hearing of the matter so the conference is not the opportunity to go into all the issues in detail.

18. Do I have to see the other party at the pre-hearing conference?

No. Pre-hearing conferences are conducted by telephone.

19. What happens in a pre-hearing conference?

The SSAT member will speak to both parties about the appeal. The member will have already read through the papers sent by the CSA. Further information is contained in the answer to questions 16, 20 and 22.

20. Do we have to be on the telephone together?

The member usually has both parties on the telephone together at the start of a pre-hearing conference so that the member can introduce themselves and explain the process. The member will usually explain how the pre-hearing conference will proceed at the start of the conference. There may be differences in approaches as the members decide the process that will best suit the particular case.

During the pre-hearing conference the member may speak separately to the parties.

21. Why have I been asked to complete a “request for financial circumstances” form?

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.

22. What are the possible outcomes of a pre-hearing conference?

Possible outcomes include:

Resolution – the case can be dismissed if both parties consent to the dismissal or do not wish to proceed with the appeal. Where an agreement between the parties that is acceptable to the SSAT is reached, the SSAT may make a decision based on the agreement provided the terms of agreement are signed by both parties.

Withdrawal – the applicant has the option to withdraw the appeal.

Issue directions – the SSAT can issue directions for the production of documents or evidence which is relevant to the appeal, to be provided to the SSAT within a certain time frame. The documents can include tax returns, BAS statements, bank records, a calendar recording the nights a child spent in the care of a parent, receipts, profit and loss statements, balance sheets etc.

Hearing – the SSAT can set a date for the case to go to full hearing.

23. Do I have to comply with the directions that I have been given?

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 appeal 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.

24. Can I choose the time of my hearing?

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.

25. If we reach an agreement at the pre-hearing conference is it binding?

The SSAT may, under the child support law, make a decision based on the agreement. It must be satisfied that it is appropriate to do so. With departure (change of assessment) applications it must also be satisfied that it is fair to make the decision - the child support law uses the terms “just and equitable” and “otherwise proper”. Once a decision is made based on an agreement the outcome is binding.

26. How long does a pre-hearing conference take?

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.

Prior to hearing / At the hearing

27. The other party has not complied with the pre-hearing conference directions. What is going to happen to them if they do not give the SSAT the information?

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 appeal with your consent.

28. What happens if I am removed as a party from the appeal?

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:

• you will no longer receive any documents or information in relation to the appeal;
• you have no right to participate in any hearing related to the appeal;
• the SSAT can still make a decision that might adversely affect you;
• you will not receive a copy of the SSAT's decision or reasons for decision;
• you will have no right of appeal under the child support law to the Administrative Appeals Tribunal or a Court such as the Federal Magistrates Court.

29. Do I have to provide any information?

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 members 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.

30. Have I provided enough information?

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.

31. What evidence should I provide to the SSAT?

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:

• What is the case about?
• What are the real issues?
• What are the things I need to demonstrate to the Tribunal?
• What matters has the other party, or the CSA, raised which I want to contest or oppose?
• For what purpose am I bringing this document or witness? What will it tell the Tribunal?

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 SSATl. 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:

• medical/dental/orthodontic expenses - letters relating to the nature of the treatment, quotations or receipts for treatment undertaken.
• school expenses - letters offering a place at the school, receipts for school fees or expenses associated with schooling.

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.

32. Why do I have to sit through a hearing?

If you are not the applicant (the person who lodged the appeal) it is your choice whether or not you participate in the appeal 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 appeal as your interests may be affected by the outcome of the appeal.

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.

33. Can I bring someone with me to the appeal?

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” under The Hearing Process.

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.

34. Can I have a lawyer?

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.

35. I have more information to provide, however it is within 14 days prior to my hearing. This is important and I would like it considered. Will you take information from the other party within 14 days?

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.

36. Does the other party have to be present at the hearing?

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 appeal. 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 members of the SSAT who are conducting the hearing. You are addressing your comments to the SSAT members, not the other party. At most sites a security guard is routinely present at SSAT premises at all face-to-face CSA appeal 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.

37. I have a family violence order against the other party so we cannot talk to each other. What will happen?

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 members who are conducting the hearing, however you can hear the other party's responses and vice versa.

38. What should I bring to the hearing?

At the hearing, you will need to have with you your appeal 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.

39. What if I think the additional information provided by the other party is not relevant and contains false information about me?

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 members 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.

40. Do I have to be in the same room as the other party?

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 members, not the other party. The SSAT members control the hearing and do not allow disrespectful, time-wasting or harassing behaviour.

41. What are the powers of the SSAT?

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:

• Hold a pre-hearing conference
• Issue notices for people to attend or provide information to the SSAT
• Make non-disclosure orders
• Determine who can be present at a hearing
• Make directions as to the procedure in a particular hearing

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 appeal. 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.

42. Can I bring my current partner?

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” under The Hearing Process.

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" under The Hearing Process.

43. Can I request the SSAT to ask the other party a series of questions?

You may put these questions to the SSAT members 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 members. It is up to the SSAT to control the hearing process.

44. Who are the members?

There are usually two SSAT members at each hearing. They 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.

45. Can my documents only be given to the members and not the other party?

No. Ordinarily the SSAT members 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 appeal, unless the SSAT members decide that the documnet or information contained in the document is not relevant to the appeal. You need to ensure that you delete anything you do not want to be released. For further information please refer to Information Exchange.

46. Who will be present at the hearing?

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.

47. Can my current partner be my representative and also give evidence?

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 appeal. 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" under The Hearing Process.

48. Will a decision be made on the day?

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

49. Why is an adjournment necessary?

Adjournments are made for one or more of the following reasons:

• to allow you or the other party to provide further information or make further submissions; or
• to allow the SSAT time to request information from the CSA or a third party; or
• to allow the SSAT to research the law.

Adjournments will not be granted to cater for the particular convenience of one party.

50. How do I apply for an adjournment?

If you want the SSAT to adjourn a hearing or pre-hearing conference, you must:

• request the adjournment in writing;
• make the request at least 14 days before the hearing or pre-hearing conference;
• state the reasons for the adjournment; and
• attach any supporting documents to the request.

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.

51. Will I get a copy of the extra information and a chance to respond?

Yes, if it is relevant to the appeal and contains new information which calls for a response. The SSAT members will make this decision.

52. When will the exchange of information stop?

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 appeal is exchanged between all of the parties as a matter of procedural fairness.

53. How long will the adjournment be?

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 appeals as soon as reasonably practicable.

54. If my appeal is adjourned does that mean I have to come back for another hearing?

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.

After the hearing / the decision

55. Can I provide more information?

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.

56. How long before I get my decision?

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.

57. I do not agree with my decision, can I request someone else to look at it?

Once a decision has been provided to the parties, the SSAT is unable to re-consider your appeal. 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.

58. I am not happy with the SSAT members in my hearing. Can I have someone else look at the decision?

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 members you should put this in writing, and in turn your complaint will be responded to in writing. For further information please refer to Complaints.

59. I want my decision now, can you tell me over the phone?

No, decisions are advised in writing. The decision is finalised at the time the copies are despatched to the parties.

60. Can I talk to one of the members again?

No. You are only able to speak to the members at a pre-hearing conference or in a hearing.

61. How do I get a transcript of my hearing?

Due to privacy considerations recordings are not available to parties and are not routinely transcribed. However, subject to any directions or orders made during the hearing, parties to a child support appeal may purchase a transcript, usually in the event of a further court appeal on a point of law.

Auscript (see below for details) is the company assigned as the transcription provider for applicants or other parties requesting their hearing transcript. Parties wishing to purchase a 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

62. How will the decision affect my child support?

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.

63. How do I take this decision further?

If you are a party you have a right of appeal from the SSAT’s decision.

• If the matter relates to a refusal by the SSAT to grant an extension of time to appeal to the SSAT, you may appeal to the Administrative Appeals Tribunal on the merits.
• If the matter relates to a care matter for periods after 1 July 2008, you may appeal to the Administrative Appeals Tribunal on the merits, or to the Federal Magistrates Court on a question of law.
• All other matters you may appeal to the Federal Magistrates Court but only on a question of law.

64. I don’t understand a decision. Can it be explained to me?

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.