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.

4.2.3 Applications to the ART for review of a child support objection decision

Context

A person who disagrees with an objection decision made by the Registrar can apply to the ART for review of that decision.

Act references

CSRC Act section 89, section 95A, section 95B, section 111C

ARTAct Part 4, Part 5A

ART (Child Support) Practice Direction 2024

ART (Common Procedures) Practice Direction 2024

Application requirements

A person can apply to the ART for review of an objection decision, for review of a Registrar decision regarding the date of effect of a care percentage decision, and for review of a decision made by the Registrar to refuse an application for an extension of time to lodge an objection (CSRC Act section 89). A person can also apply to the ART for second review of care percentage decisions, including decisions by the Registrar regarding the date of effect of a care percentage decision. Second review may also be sought of decisions by the ART on the date of effect of an ART care percentage decision and of decisions by the ART to refuse an extension of time to apply for a ART review (‘eligible social services decisions’ and ‘ART social services decisions’) (ARTAct Part 5A).

An application for ART review of a decision may be made in writing by means including completing and submitting an electronic application, a paper form or by letter (ARTAct section 34, ART (Common Procedures) Practice Direction 2024 Part 3).

Part 3 of the ART (Common Procedures) Practice Direction 2024 specifies the information that must be included in an application for review, including the applicant’s details, information about the decision sought to be reviewed and the reasons why the decision should be reviewed.

Further information about how to make an application for review and the information that must be included in an application can be found at the ART website.

Implementation of decisions that are under review

An objection decision continues to apply while an application for review is under consideration by the ART. A party to the ART review may apply to a court for a stay order in relation to the objection decision, pending the outcome of the ART review (CSRC Act section 111C). The ART cannot exercise its power in relation to staying the operation or implementation of a child support decision unless the review relates to an ART second review or a guidance and appeals panel application (CSRC Act section 95A, ARTAct section 32, section 131V).

The Registrar may vary or substitute a decision after an application has been made for an ART review of the decision. In this situation, the Registrar must give written notice to the ART of the variation or substitution and the ART will treat the application for review as though it relates to the varied or substituted decision. However, where the ART review is a second review process, or where the ART is constituted as the guidance and appeals panel following a referral by the President of the ART to the guidance and appeals panel, or because of a guidance and appeals panel application, the Registrar may not vary or substitute the decision unless an exception can be made under section 31(2) of the ARTAct, CSRC Act section 95B and ARTAct section 31 and section 131M.

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