188.8.131.52 Appeals & Reviews of Child Support Decisions
Note: In some circumstances, an individual's FTB may be affected by a pending appeal and/or review of a Child Support decision.
Appeals - child support agreements
Legislative changes introduced in May 1995 established new arrangements for child support agreements. These changes extended the comprehensive system of review and appeal to payers (1.1.P.72) who are affected by the decision that the payee (1.1.P.71) has not taken reasonable action to obtain maintenance (1.1.M.10) because the child support agreement is not satisfactory. From 1 July 2008, new arrangements for child support agreements were introduced.
Review of Child Support decisions by the AAT
As part of the Child Support Scheme Reforms parents are able to apply to the Social Services and Child Support Division (SSCSD) of the AAT for review of most Child Support objection decisions made from 1 January 2007.
See CS Guide Part 4 for further information in relation to child support objections and appeals processes.
Privacy & confidentiality issues
It is not a breach of privacy to acknowledge that both parties have rights with a review or appeal of a Child Support percentage of care decision and staff may discuss the situation with both parties, even when one party is not an FA individual. However, such discussions should be in general terms and care should be taken not to breach the privacy and confidentiality of the FA individual.
An appeal against a decision made by a Centrelink officer should follow normal appeal procedures. Payment of more than the base rate of FTB should continue pending resolution.