The Appeal Process

On this page:

After an appeal is lodged
Case Managers
Security Concerns
Pre-hearing Conferences
Withdrawing an application
The Hearing Panel
Hearing Options

After an appeal 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 appeals, a letter is sent to him/her. The SSAT sends a letter notifying the other parent that an appeal has been lodged and encloses a copy of the appeal form, or the SSAT’s record of the appeal 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 appeal 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 appeal. 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 appeal 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 members 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 may hold a pre-hearing conference prior to a hearing. Pre-hearing conferences are conducted by telephone. A pre-hearing conference is usually held between a single member of the SSAT and the two parties to the appeal. The Child Support Registrar or the Registrar’s representative does not ordinarily participate in the pre-hearing conference. Pre-hearing conferences are informal, private and usually last for about 1 ½ hours, but occasionally last up to three hours. It is important to allow enough time to participate in a pre-hearing conference and to be available by telephone in a private place.

The SSAT frequently holds a pre-hearing conference in change of assessment cases. 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. Pre-hearing conferences may be held in other cases such as those dealing with non-agency payments. It is important that parties participating in these conferences are in a place which is private and where they cannot be overheard by any other person.

Most pre-hearing conferences are conducted as three-way telephone conferences although a member, during the course of that conference, may choose to speak to parties individually. Alternatively a member may conduct the conference by speaking to parties individually right from the outset.

The exact mode of conducting these conferences varies from case to case.

The reasons for holding a pre-hearing conference include:

• to clarify issues in dispute prior to hearing
• to establish agreed facts
• to enable a better understanding of the appeal process
• to identify additional information or documents which may be required for the hearing
• to set a timetable prior to the hearing for the provision of any additional information/documents/submissions and to allow for the provision of this material to all parties
• to explore the possibility of an agreement of the matter between the parties which may mean that there is no need for a hearing (this is called a ‘consent agreement’).

If a matter proceeds to a hearing, the member who convened the pre-hearing conference will not usually be a member of the hearing panel.

It is important that parties participating in a pre-hearing conference have with them a copy of the documents that the CSA sent to them (sometimes called the section 95(3) statement and documents) and any other information they think is relevant to the appeal.

A party can choose to be assisted at the pre-hearing conference by a representative (at the party’s own cost) but this is not a requirement. Usually parties participate in pre-hearing conferences without a representative.

At a pre-hearing conference the SSAT may:

• facilitate a resolution of the matter either by an agreement reached by consent of the parties or an agreed dismissal of the application;
• issue directions to parties to provide information and advise how much time they have to do so (at least 7 days will be given);
• make arrangements to schedule the case for a specific hearing date.

Parties are expected to follow any directions issued during a pre-hearing conference. If a party does not follow these directions they may be removed as a party, which may lead to the dismissal of the appeal.

If parties come to an agreement during a pre-hearing conference, the terms of the agreement will need to be put in writing, signed by the parties and lodged with the SSAT. If the SSAT is satisfied that the agreement is within its powers, and it is appropriate to do so, the SSAT may make a decision in accordance with the agreement, or part of it, without holding a further hearing. If the matter is a change of assessment matter, the SSAT has to be satisfied that it is just and equitable and otherwise proper to settle the matter without a hearing.

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 appeal 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 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 offices 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.