Hearings
Hearings are held in an informal environment. Telephone hearings are sometimes held, if convenient for the applicant and/or the other parties. To ensure the accessibility of its services to those living outside metropolitan areas, the SSAT also conducts hearings in regional centres throughout the country, by telephone and by video-conference.
The delivery of the hearing (whether face-to-face, by telephone or video-conference) does not affect the process or outcome.
Hearing panels usually consist of two members (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.
Face-To-Face Hearings
Telephone Hearings
Video-Conference Hearings
Regional Hearings
Face-To-Face Hearings
Most SSAT hearings are conducted face-to-face with the applicant, other parties to the appeal (if applicable) and the Tribunal members in the same room. This reflects the view that the interests of applicants and other parties are usually best served and protected when members, applicants and other parties have the opportunity to speak directly in an informal environment.
Centrelink hearings
The hearing itself is less formal than a court: it is a discussion between the applicant, other parties (if applicable) and Tribunal members. Centrelink appeal hearings usually last up to an hour.
Applicants and other parties to an appeal are encouraged to provide information regarding their situation. Often, it is this additional information that assists the Tribunal in making a decision. It’s a good idea for applicants and other parties to keep a copy of the information they provide to the Tribunal.
In Centrelink appeal cases, no-one from Centrelink comes to the hearing. Instead, Centrelink puts its case to the Tribunal in paper documents. Before the hearing, the Tribunal sends a copy of these Centrelink papers to the person appealing.
A person attending a hearing may wish to be represented (at their own expense) by a legal representative, advocate or welfare worker. In most instances applicants will still need to personally participate in the hearing, as a representative may make submissions but would not normally be expected to be able to give evidence on your behalf. In Centrelink cases applicants may bring along a friend or family member for support.
The Tribunal makes decisions quickly: usually, a person will receive their decision by post within two weeks of the hearing. This letter from the Tribunal also provides information about further rights of appeal. In Centrelink appeal cases, the letter includes full written reasons for its decision for the Tribunal's decision.
Child Support hearings
The hearing itself is less formal than a court, although the hearing is controlled and structured. Both parties will be present during the hearing, unless a party has advised the Tribunal they do not want to participate in the hearing.
The hearing will commence by the presiding member explaining the hearing process and procedures to be followed. Each party will be given an opportunity to explain to the Tribunal why they agree or disagree with the decision of the Child Support Agency. The Tribunal members will normally ask both parties questions relevant to the issues the Tribunal has to determine.
Usually, the applicant will be given the opportunity to explain why they have appealed and be asked questions by the Tribunal. Then the second party will be given an opportunity to respond to the appeal and be asked questions by the Tribunal members. The presiding member is responsible for deciding how any hearing will be conducted. Parties and any witnesses will be asked to give evidence on oath or affirmation.
A CSA representative does not normally attend the hearing. In all child support appeals the CSA puts its case to the Tribunal in paper documents. If a CSA representative attends the hearing the representative will be given the opportunity to explain the reasons for the decision by the CSA and may also be asked questions by the Tribunal members. Before all hearings, the CSA is required to send a copy of the papers setting out the decision and reasons for the CSA decision and any relevant papers held by the CSA to the SSAT, the applicant and the other parent.
Child Support appeal hearings are required by law to be held in private. To protect the privacy of the parties, persons who are family, friends or partners will usually not be admitted to the hearing room. If you intend to bring someone to the hearing please discuss this with your Tribunal case manager well before the hearing. A decision on who is admitted to the hearing room can only be made by the Presiding Member hearing the matter. Tribunal staff can advise about Tribunal processes but do not have the authority to make a ruling on who may attend the hearing.
Important: Children should not be brought to the Tribunal as they are not permitted in the hearing room and the SSAT does not provide child care.
Child support appeal hearings are electronically recorded for the purposes of any appeal to the Federal Magistrates’ Court.
In child support cases any additional information provided by applicants and other parties should be submitted by the SSAT at least 14 days prior to the hearing.
The length of a child support hearing may vary and may take up to 3 hours or more depending on the nature of the appeal.
In child support appeal cases, the Tribunal may provide reasons orally or in writing. If the reasons are provided orally, parties have 14 days to request them in writing. The Tribunal, in many cases, will make a decision quickly and provide a decision within 14 days of the hearing. However, the Tribunal may adjourn to obtain further information from parties or the CSA before making a decision. Parties will be advised if the hearing has been adjourned.
Telephone Hearings
In appropriate cases, hearings by telephone provide an alternative to face-to-face or video-conference hearings.
Please contact your nearest SSAT office to discuss the most suitable hearing method for your appeal.
To prepare for your telephone hearing, make sure the telephone you will use for the hearing is in a quiet, private room, with no distractions (if possible, make sure you won’t be interrupted during the call). Think about whether you will need to use a telephone with a loudspeaker, so that other people with you can speak to and hear the Tribunal.
If the Tribunal is going to contact you by telephone, be near the telephone and ready to answer.
If you are going to call the Tribunal, dial the number you have been given as close to the time of the hearing as possible. Give your name and say that you have called for a telephone hearing.
As with all methods of hearings, a case manager will provide you with information at each step in the appeal process.
The delivery of the hearing (whether face-to-face, by telephone or video-conference) does not affect the process or outcome.
Video-Conference Hearings
In appropriate cases, hearings by video-conference provide an alternative to telephone or face-to-face hearings.
Please contact your nearest SSAT office to discuss the most suitable hearing method for your appeal.
In video-conference hearings, the members of the SSAT who will hear your appeal will use video-conference facilities, so that you can see and hear each other.
A video-conference co-ordinator will show you into the room and make sure that you are comfortable. They will start the video link-up and ensure that you, any other parties to the appeal and the Tribunal members can see and hear each other. You will not have to operate any of the equipment yourself.
As with all methods of hearings, a case manager will provide you with information at each step in the appeal process.
The delivery of the hearing (whether face-to-face, by telephone or video-conference) does not affect the process or outcome.
Regional Hearings
To ensure the accessibility of its services to those living outside metropolitan areas, the SSAT conducts hearings in regional centres throughout the country.
Centrelink appeal hearings have been conducted in centres such as Launceston in Tasmania, Orange and Broken Hill in New South Wales, Cairns and Toowoomba in Queensland, Bunbury and Mandurah in Western Australia, Bendigo in Victoria, Mt Gambier in South Australia and Alice Springs in the Northern Territory.
If you live in a regional centre, please contact your nearest SSAT office to discuss the most suitable hearing method for your appeal.