4.1.3 Decisions Made under the CSRC Act to Which a Person May Object

Context

A parent non-parent carer, or employer may object to certain decisions made under the CSRC Act.

Act references

CSRC Act section 4, section 79D, section 80

Objection rights & processes

A parent, or non-parent carer can object to the following decisions made by the Registrar under the CSRC Act:

  • a decision to register or refuse to register a registrable maintenance liability,
  • a decision to refuse to enter the particulars of a liability,
  • a decision about the particulars of a registrable maintenance liability entered in the Register,
  • a decision to vary or refuse to vary the particulars in the Register,
  • a decision to delete an entry from the Register,
  • a decision to credit all or part of a non-agency payment under section 71, 71A or 71C of the Act (payee only). (See 5.3),
  • a decision to refuse to credit all or part of a non-agency payment, under section 71, 71A or 71C of the Act. (See 5.3),
  • a decision to refuse an election that employer deductions not be made,
  • a decision to refuse to grant an application for collection of arrears for more than 3 months,
  • a decision to refuse an election to end collection of child support by the Registrar,
  • a decision to refuse an election to have child support collected by the Registrar,
  • a decision to refuse an overall non-care period,
  • a decision to make deductions from FTB payments to repay child support debts,
  • a decision to start or refuse to start a low-income non-enforcement period (3.4.5),
  • a decision which results in failure to collect an amount payable that has been unpaid for 6 months if legal proceedings have not commenced for recovery of the amount or proceedings have commenced and at least 3 months has elapsed since the proceedings were commenced (payee only), and
  • a refusal to remit late payment penalties imposed on payers.

An employer can object to a decision made by the Registrar under the CSRC Act to refuse to remit late payment penalties imposed on employers.

CSRC Act section 26 sets out the particulars that the Registrar must enter in the Child Support Register in relation to each liability. As noted above, a parent may object to a decision to vary or refuse to vary those particulars. For example, following a Registrar-initiated decision to end collection (see 5.6.2).

The particulars entered in the Register include the following:

  • details of the child support assessment, court order or maintenance agreement (including matters such as the name of the parents, the periodic amount and the basis of the liability),
  • details of the payment period and the payment rate (including the initial period, payment period and rate of payment),
  • details of the enforcement period and any suspension of the liability, and
  • any other particulars that the Registrar chooses to include (such as the daily rate or statement concerning employer withholdings).

An objection to a decision to vary the particulars in the Register can only be made against the particulars varied or other particulars affected by the variation (CSRC Act section 80(3)).

The Registrar can use CSRC Act section 42 to correct errors rather than requiring parents or non-parent carers to use the objection process. Generally, errors will be corrected this way only if:

  • it is an obvious error of fact,
  • all affected parties agree to the correct facts, and
  • the error can be fixed simply and easily.

If the Registrar caused the error or substantially contributed to it, the Registrar is more likely to use section 42 to correct the Register rather than the objection process. Affected parents and non-parent carers have the right to object to a decision under section 42 to correct an error.

Last reviewed: 11 May 2015