Departure applications - Social Security Appeals Tribunal or court
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If you have gone through the internal review processes of the Child Support Agency (change of assessment and objection) and disagree with the notice of objection decision, you can then apply to the Social Security Appeals Tribunal for review of objection decision. In some circumstances, you may be required to go to court.
The court can make a departure order if one of the ten grounds for departure exists (see the ten listed reasons or grounds for changing your assessment referred to under Changing a child support assessment) and it would be just, equitable and otherwise proper to do so.
When do I apply to the Social Security Appeals Tribunal?
The SSAT can review most objection decisions made by the Child Support Agency if that decision was made on or after 1 January 2007. (If the objection decision was made in 2006 or earlier, see court section).
You have 28 days from the date of the Objection decision to appeal to the SSAT (or 90 days if you live overseas in certain countries).
The SSAT is quick, informal and free. You are allowed to have a legal representative assist you when your matter is heard by the SSAT. If you do arrange for legal representation, you must pay your own legal costs even if you are successful.
What can the Social Security Appeals Tribunal do?
- leave the Child Support Agency's decision unchanged (affirm)
- change some or all of Child Support Agency's decision (vary)
- make a new decision, or
- send the matter back to Child Support Agency to re-decide some or all issues.
The SSAT must put their decision in writing. The SSAT can give their reasons for this decision either orally or in writing within 14 days of making their decision. If the SSAT's reasons for their decision is given verbally, you can ask the SSAT to put these reasons in writing. You must do this within 14 days of the decision being made.
Until the SSAT decision is made, the objection decision continues to apply. If you are required to pay child support, and are finding it hard to make your child support payments, you should get legal advice about whether a stay order is the best option for you.
What if I disagree with the Social Security Appeal Tribunal's decision?
If you believe the SSAT's decision is wrong, the law says you can only appeal the decision if the SSAT made an error of law only (and not an error about the facts). Your appeal is made to the Federal Magistrates Court.
Strict time limits apply – you have 28 days from notice of the decision (unless you live overseas) to apply for an appeal.
When do I apply to court?
If you are applying to change an administrative assessment, you may need to apply to court in certain circumstances. You should get legal advice before starting court proceedings.
Generally, a person will apply to court where:
- the time period to be reviewed is longer than 18 months earlier,
- the Child Support Agency or SSAT have refused to make a decision because the matter is too complex, or
- there are other child support matters already being heard by the court.
Do I need to notify the Child Support Agency?
If the court makes an order you need to notify the Child Support Agency and send them a copy of the order. Keep a record of this.