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The Guides to Social Policy Law is a collection of publications designed to assist decision makers administering social policy law. The information contained in this publication is intended only as a guide to relevant legislation/policy. The information is accurate as at the date listed at the bottom of the page, but may be subject to change. To discuss individual circumstances please contact Services Australia.

10.3.4 Time limit on applications for ART review

Context

The information in this topic does not apply to ART (1.1.A.40) review of care percentage (1.1.C.20) objection decisions. If a parent (1.1.P.10) applies for a review of a care percentage objection decision that is not an application for second review, the usual time restrictions on making an application to the ART do not apply, but the date of effect of the ART review decision may be affected. For information on ART review of care percentage objection decisions, refer to 10.2.8.

A parent must apply for ART review within 28 days of the date they received notice of the reviewable decision (ART Rules 2024), or within 90 days for parents who reside overseas in a reciprocating jurisdiction (1.1.R.10) (CSRC Act section 90(2)). If a parent did not apply in the specified time, they can make an application for review that includes a written application for an extension of time to apply.

Act references

ARTAct section 18(1), section 19, section 131C, section 131D, section 131J

ART Rules 2024

CSRC Act section 90, section 91, section 92, section 93

Applying for an extension of time for an ART review

If a parent does not make an application for an ART review within 28 days of the notice of the reviewable decision being provided (or 90 days for parents who reside overseas in a reciprocating jurisdiction), they can apply to the ART for an extension of time to lodge their application for a review (CSRC Act section 91). The ART is not required to notify other parties in relation to an application for an extension of time for review unless the ART or a court decides the extension application is to be granted (CSRC Act section 93(1), ARTAct section 21).

Making a decision to grant or refuse an application for an extension of time

The ART has 60 days (or 90 days for parents who reside overseas in a reciprocating jurisdiction (1.5.1)) to consider the extension of time application and make a decision to grant or refuse it (CSRC Act section 92(1), section 92(1A).

Where an extension of time is granted, the applicant is taken to have validly made the application for ART review (CSRC Act section 92(6)).

ART review of ART decision to refuse an application for an extension of time

A decision of the ART to refuse an extension of time application is an eligible social services decision (ARTAct section 131C(c)). This means if a person's extension of time application is refused by the ART then that person can apply to the ART for review of the decision to refuse the extension application (ARTAct section 131D(3)(e)).

Applications for review must be lodged with the ART within 28 days from the date the applicant received the ART decision to refuse the extension application (ARTAct section 18, section 131J).

The ART can grant an extension of time for a person to make an application for review of the extension refusal decision (ARTAct section 19). Before determining an application for an extension of time to review the extension refusal decision, the ART may give notice to, or require the applicant to give notice to, any party the ART considers may be affected by the application (ARTAct section 19(5)).

Where an affected party gives notice to the ART that they wish to oppose the application for an extension of time to review the extension refusal decision, the ART will not grant the application for extension unless the applicant and affected party are given a reasonable opportunity to present their case (ARTAct section 19(6) and (7)).

For more information see the ART website.

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