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.

4.2.2 Decisions which can be reviewed by the ART

Context

A parent or non-parent carer can apply to the ART for 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 ART care percentage decision, the date of effect of an ART review decision regarding a care percentage decision or an ART decision to refuse an application for extension of time to apply for an ART review decision may apply to the ART for second review of the decision (ARTAct section 131C, section 131D).

Applications to the ART can also be made for review of certain decisions made by the Registrar, which cannot be objected to, in relation to departure prohibition orders and departure authorisation certificates (CSRC Act section 72T). See 5.2.11.

In some circumstances, the ART may be constituted as the guidance and appeals panel. The circumstances where this may occur are, broadly, where there is an issue of significance to administrative decision-making and/or an ART decision may contain a material error of fact or law.

Act reference

CSRC Act section 89

ARTAct Part 4, Part 5, Part 5A

Objection decisions

A parent can apply to the ART for review of an objection decision made by the Registrar (CSRC Act 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 ART for review of the objection decision.

Extension of time decisions

A parent can apply to the ART for 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 CSRC Act section 89(1)).

ART second review

A person may apply to the ART for second review of decisions known as 'ART social services decisions' which are decisions that the ART has made upon review of certain objection decisions, or where the ART has made certain original decisions. Those decisions are known as 'eligible social services decisions' and are the following:

  • a care percentage objection decision, including a decision that special circumstances did not apply in relation to a late objection
  • a decision by the ART to refuse an application for extension of time to lodge an application for ART review (CSRC Act section 92)
  • a decision by the ART to make or not make a determination under CSRC Act section 95N(2) in relation to special circumstances for late applications to the ART for review of a care percentage objection decision.

Guidance & appeals panel

A person may apply to the President of the ART to refer certain ART decisions to the guidance and appeals panel. If the President refers a decision of the ART to the guidance and appeals panel, the review of the panel relates to the decision affirmed, varied or set aside by the ART decision (ARTAct section 123).

A person cannot make an application for referral of a decision of the ART to the guidance and appeals panel in relation to an eligible social services decision (ARTAct section 131W(a)).

A person cannot make an application for referral of a decision of the ART to the guidance an appeals panel in relation to an ART second review decision (ARTAct section 131W(b)).

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