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.

4.2.1 Overview

Context

The ART is an independent statutory body set up to review administrative decisions made by certain Commonwealth agencies. The CSRC Act and the ARTAct allow a person to seek review of objection decisions made by the Registrar.

Act references

CSRC Act Part VIIA

ARTAct Part 4, Part 5, Part 5A

Description

A person can apply to the ART for review of an objection decision. A person can also apply to the ART for review of a decision to refuse an extension of time to object, or of a decision relating to the date of effect of a care percentage objection decision.

There is a statutory time limit for a parent to make their application for review by the ART in most cases, other than for care percentage decisions (ARTAct section 18, CSRC Act section 90). The ART can grant an extension of time for a person to make their review application. For more information on the time limits that are relevant to applications for ART review see 4.2.4.

A person can apply to the ART for second review of some ART decisions. Decisions for which second review may be sought are ART decisions on care percentage objection decisions, including a decision relating to the date of effect of a care percentage objection decision. A person can also apply to the ART for second review of a decision by the ART to refuse an extension of time to apply for ART review (CSRC Act section 92) and a decision to make or not make a determination about special circumstances in relation to a late application to the ART for review of a care percentage objection decision (CSRC Act section 95N(2)). These decisions are in the category of 'eligible social services decisions' and 'ART social services decisions', which allow a person to apply to the ART for second review (ARTAct sections 131C and 131D).

For decisions made by the ART that are not ART social services decisions, the President of the ART may, on application by a party to the decision, refer the decision to the guidance and appeals panel for review. The guidance and appeals panel is a way of constituting the ART at a more senior level (ARTAct section 105, section 123, section 131W). See 4.2.2 for information about decisions which can be reviewed by the ART and 4.2.3 for information about how to apply to the ART.

Generally, the parties to an ART proceeding are the applicant, the Registrar and the other parent affected by the decision. If a non-parent carer could have applied for a review of the decision, then they are also a party to the review. If the decision being reviewed is an objection decision regarding penalties, or an extension of time decision made by the Registrar, then generally only the applicant and the Registrar are parties to the review.

The Registrar must provide the ART with a written statement of reasons for the decision and copies of all relevant documents within 28 days after the ART notifies the Registrar of the application for review (ARTAct section 23).

The ART reviews the merits of the Registrar's decision and will take a fresh look at the decision under review. The ART can affirm, vary or set aside the Registrar's decision and make a new decision in substitution or remit the matter to the Registrar with any orders or recommendations. At any time during a proceeding, the ART may remit the decision under review to the Registrar for reconsideration. See 4.2.5 for more information on the review process.

The ART’s decision will have effect from the same date as the original decision unless specified otherwise by the ART (ARTAct section 108). This does not apply to an ART decision on ART review of an objection to a care percentage decision, where the ART decision is not a second review decision and the application for ART review was made to the ART more than 28 days (or if the applicant is a resident of a reciprocating jurisdiction, 90 days) after notice of the objection decision was given (CSRC Act section 95N(1)).

A party dissatisfied with an ART review decision (including a decision of the ART constituted as the guidance and appeals panel) may appeal to a court on a question of law (see 4.3.6 on appeals and court orders under the CSRC Act).

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