4.2.6 Effect of AAT First or Second Review Application on the Original Decision

Context

The Registrar's objection decision continues to have effect after a parent applies for AAT first review of that decision. Similarly, the decision made by the Registrar or the AAT first review continues to have effect after a parent applies for AAT second review of that decision.

Act reference

CSRC Act section 95B, section 97B, section 97C, section 110R, section 111C

AAT Act section 41

Stay orders & suspensions

When a parent applies for AAT first review of an objection decision made by the Registrar, that decision continues to have effect until the AAT makes a decision (CSRC Act section 110R). A parent can apply to a court for a stay order under CSRC Act section 111C to stay the Registrar's objection decision until the outcome of the AAT first review is known.

In relation to an application for AAT second review of a decision on AAT first review of a care percentage decision, that decision continues to have effect until the AAT second review is decided (AAT Act section 41(1)). On the request of a party to the AAT first review, the AAT may stay the decision made by the Registrar or the AAT first review until the outcome of the AAT second review is known (AAT Act section 41(2) and CSRC Act section 97B). The parties to the AAT first review have the opportunity to be heard in relation to the request for a stay order (AAT Act section 41(4) and CSRC Act section 97B).

The Registrar may make a decision not to disburse any payments to a payee if a payer has applied to the AAT challenging the validity of the child support assessment, for reasons other than the parentage of the child concerned, and has requested a suspension of disbursement of payments to the payee. See 5.5.4 for further information about suspending payments to payees.

Variations to decisions

The Registrar may vary or substitute a decision after an application has been made for an AAT first or second review of the decision. In this situation the Registrar must give written notice to the AAT of the variation or substitution and the AAT will treat the application for first or second review as though it relates to the varied or substituted decision. The person who applied for the first or second review would need to notify the AAT if they do not want the AAT to review the varied or substituted decision (CSRC Act section 95B and section 97C).

Last reviewed: 1 July 2016