4.2.2 Decisions Which Can Be Reviewed by the AAT

Context

A parent or non-parent carer can apply to the AAT for an AAT first review of most objection decisions, and also decisions to refuse an application for an extension of time to lodge an objection. A party who is dissatisfied with an AAT first review of a care percentage decision, the date of effect of an AAT first review decision regarding a care percentage decision or an AAT decision to refuse an application for extension of time to apply for an AAT first review may also apply for an AAT second review of the decision (section 96A).

The AAT provides a mechanism of independent external review of decisions that is inexpensive, fair, informal and quick.

Act reference

CSRC Act section 89

Objection decisions

A parent can apply to the AAT for an AAT first review of an objection decision made by the Registrar (section 89).

See 4.1.2 for information about decisions made under the CSA Act to which a parent may object. 4.1.3 has information about decisions made under the CSRC Act to which a parent may object.

The parent who objected to the Registrar's original decision, or the other parent or non-parent carer who was advised of the objection, may apply to the AAT for an AAT first review of the objection decision.

Example: F (payer) is dissatisfied with the Registrar's objection decision to not credit against their ongoing child support liability an amount paid directly to their child's school. The objection decision dated 8 July 2015 was received by F on 11 July 2015. There are no further internal review processes for that decision. F may apply to the AAT for an AAT first review of the objection decision.

From 1 July 2015, 2 types of objection decisions that were not able to be reviewed by a tribunal are now reviewable by the AAT. This relates to decisions under section 98E or 98R of the CSA Act to refuse to make a departure determination because the issues are too complex. If an objection decision upholds a decision made under section 98E or 98R, or varies a decision by finding the issues are too complex, a dissatisfied party may apply for an AAT first review of the objection decision (item 2 of the table in section 89(1)).

Objection decisions relating to section 98E or 98R of the CSA Act that were made prior to 1 July 2015 may be subject to an AAT first review after 1 July 2015 provided the applicant applies for first review within time (section 90) or applies for and is granted an extension of time to make the application (section 92) (see 4.3.2 for information about court applications).

Extension of time decisions

A parent can apply to the AAT for an AAT first review of a decision made by the Registrar to refuse to grant an application for an extension of time to lodge an objection (item 1 of the table in section 89(1)).

Last reviewed: 16 May 2016