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.

4.2.5 The ART review process

Context

The ART replaced the AAT from 14 October 2024. Any matters before the AAT at the commencement of the ART automatically transitioned to the ART.

The ART’s objective (ARTAct section 9) is to provide administrative review that:

  • is fair and just
  • resolves applications in a timely manner, with as little formality and expense as possible
  • is accessible and responsive to the diverse needs of parties
  • improves the transparency and quality of government decision-making, and
  • promotes public trust and confidence in the ART.

The ART is independent of the Child Support Registrar.

The ART (Common Procedures) Practice Direction 2024 outlines the practice and procedures that generally apply to ART applications and review proceedings.

The ART (Child Support) Practice Direction 2024 outlines the practice and procedures specifically relating to applications for review of child support decisions and the conduct of proceedings that apply to the review of child support decisions.

Act reference

CSRC Act Part VIIA

CSRC Regs section 25

ARTAct

ART (Child Support) Practice Direction 2024

ART (Common Procedures) Practice Direction 2024

On this page

Application received by the ART

When the ART receives an application for review of an objection decision made by the Registrar, the ART will send a letter acknowledging receipt to the applicant. The ART will also notify the Registrar and other parties (when relevant) that the application has been received (ARTAct section 21).

Family violence

If there is a current family violence order against a party, that party will be required to participate in the hearing by video, telephone or other electronic means (and not in person) unless the ART decides that the party protected by the family violence order is to participate by video, telephone or other electronic means.

If a party has obtained a family violence order against another party to the review, the party who obtained the order must give the ART a copy of any current family violence order within 14 days after making, or being notified by the ART of, the application for review. The person protected by the family violence order must also advise the ART if their personal details such as their residential address, contact details or place of employment are not known to the other party.

Parties to a review

Where an application is made to the ART for review of a decision, the ART must give written notice of the application to the applicant, the Registrar and any other party to the proceeding. Where the ART considers that the interests of another person who is not a party to the proceeding may be affected by the decision, the ART may also give, or require the applicant to give, to that person written notice of the application and the person’s right to apply to become a party to the proceedings (ARTAct section 21).

The parties to ART proceedings are generally the applicant, the Registrar and any other person entitled to apply for a review of the decision under CSRC Act section 89 (for example, the other parent or a non-parent carer) (ARTAct section 21, section 22, CSRC Act section 95D). For most objection decisions and ART review decisions this will mean that all of the parties to the child support case are parties to the ART review of the decision.

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 will be parties to the review.

The Registrar is taken to be a non-participating party in ART review proceedings. The Registrar will not appear before the ART, give written submissions or otherwise participate in the proceedings unless ordered to do so by the ART or otherwise allowed by the ART to participate (ARTAct Part 4, Division 5, Subdivision B). However, this does not apply for ART second review proceedings, where the Registrar will ordinarily be a fully participating party. As a non-participating party the Registrar can still be required to meet certain obligations to the ART and the other parties, such as the provision of documents.

A person can apply to the ART to become a party to the proceeding. The ART must be satisfied that the person’s interests are affected by the decision under review and that it would be appropriate for that person to be made a party to the proceeding (ARTAct section 22(1)(c)).

A child of a party who is aged under 18 years cannot give oral evidence in an ART proceeding (CSRC Act section 98A). This includes a child under the age of 18 who is the child of the applicant or respondent parent, or a child who is cared for by a non-parent carer who is a party to the review. Additionally, a child will not be permitted to attend an ART proceeding and if a hearing is proceeding by electronic means, parties are required to immediately inform the ART if a child is or becomes present.

Except where the ART is constituted by the guidance and appeals panel, the hearing of the child support review proceedings must be in private. The normal rules about generally hearing ART matters in public do not apply. The ART may give directions about the persons who may be present at a review proceeding. In giving directions, the ART must have regard to the wishes of the parties and the need to protect their privacy. (CSRC Act section 95K, ARTAct section 69).

A person who has made an application for ART review may withdraw the application at any time. A withdrawn application is taken to have been dismissed by the ART (ARTAct section 95).

The ART may dismiss an application if the applicant does not appear at the proceeding or an event in relation to the application for review and the ART is satisfied that the applicant received appropriate notice of the relevant event (ARTAct section 99).

If a party other than the applicant or a non-participating party to an ART proceeding does not appear at the proceeding or an event in relation to the application for review and the ART is satisfied that the party received appropriate notice of the relevant event the ART may direct that the party ceases to be a party to the proceeding (ARTAct section 83).

Documents to be provided by the Registrar

Documents to be sent within 28 days

When the Registrar is advised that an application for review has been received by the ART, the Registrar is required to provide the ART with reasons for the decision under review within 28 days or an earlier time if the ART requests (ARTAct section 23, section 28 and CSRC Act section 95C).

The Registrar is also required to provide a copy of every document that is relevant to the review of the decision and is in the possession or under the control of the Registrar. All documents referred to or relied upon in the objection decision must be included. Documents required to be sent will include all letters relevant to the decision, a copy of the Registrar's records of conversations with the parents and a copy of any materials relied upon in making the objection decision. As documents 'relevant to the review of the decision' are to be provided, some documents received after the objection decision was made may be included if they will assist the ART in undertaking their review of the objection decision.

Example: Mustafa is dissatisfied with the Registrar's decision on an objection to the care percentages used in calculating the assessment of child support. Both parents have provided the Registrar with calendars and other materials about the children's living arrangements, either when the decision was first made or during the objection process.

If Mustafa was to apply to the ART for an ART review of the objection decision, the information received from the parents would be provided to the ART as relevant documents.

Example: Cleo is dissatisfied with the Registrar's decision on an objection to the care percentages used in calculating the assessment of child support. Cleo has also made an application for a change to the assessment.

If Cleo was to apply to the ART for a review of the objection decision, the information received from the parents regarding care would be provided to the ART as relevant documents. The documents relating to the change of assessment application would not be included unless they are relevant to the objection decision.

Example: Andy, a payer, is dissatisfied with the Registrar's decision on an objection to the calculation of the arrears owing when the liability again became collectable by the Registrar. The objection decision is dated 8 January 2024.

On 18 January 2024 the Registrar received a letter from Andy that included receipts for payments made in the relevant private collect period. As the objection decision had been made there are no further review processes within the department.

If Andy was to apply to the ART for a review of the objection decision, the letter received 18 January 2024 would be provided to the ART as a relevant document.

The Registrar is also required to provide a copy of the statement of reasons and relevant documents to each other party to the proceeding within the same time period (ARTAct section 27).

In preparing the documents, the Registrar will remove some identifying details from the documents for privacy or other reasons. Details the Registrar will redact include, but are not limited to, a person’s tax file number, residential and postal address, email address, telephone number and any Centrelink or child support identification number, as well as any other redactions permitted under the published practice directions of the ART. The Registrar is not allowed to redact other information contained in a relevant document without seeking and obtaining the permission of the ART.

Documents to be provided by the Registrar for application to ART for extension of time

When the Registrar is advised that an application for an extension of time to apply to the ART for review of a decision has been received by the ART, the Registrar will provide to the ART within 28 days:

  • a statement described in ARTAct section 23, and
  • a copy of any correspondence and any record of oral communication between the applicant for the extension of time and the Registrar after the Registrar served notice on that person of the decision about which review is sought.

Some documents may not be required to be sent

The Registrar may identify that a relevant document contains information about a person that is private and considers that it would not be appropriate for that information to be sent to the other party. The information may be a medical report or information relating to a third person, such as a family member of one of the parties.

The Registrar can apply to the ART for an order directing that the document, or part of the document, is not required to be sent. The Registrar must provide one copy of the document to the ART with the application for the order (ARTAct section 70, section 29(3)). The Registrar is not required to send a copy of the application to each party to the ART review (CSRC Act section 95L).

The ART will consider the application and may either direct the Registrar to send the document to the party concerned or make an order prohibiting or restricting the disclosure to the other parties to an ART review of the contents of the document (ARTAct section 70).

ART may give directions restricting secondary disclosure of documents

The ART may make an order prohibiting or restricting the disclosure, to some or all of the parties to an ART review, of the contents of a document. The order may be made after an application by the Registrar or on the initiative of the ART.

The ART may also direct a person who was authorised under the primary order to receive a document, not to disclose the information specified in the primary order. It is an offence to contravene such an order, and the penalty is imprisonment for 12 months or 60 penalty units or both (ARTAct section 70, CSRC Act section 98C).

Additional information can be sought

The ART may require further information from the Registrar or another person in order to make a decision. The ART may direct that the further information be provided by requiring production of a document or that a person attend a hearing to answer questions. (ARTAct section 26, section 74, CSRC Act section 95H).

The ART may also require the Registrar to exercise information gathering powers the Registrar holds under the CSA Act or the CSRC Act to obtain information for the ART that is relevant to an ART review (CSRC Act 95J(1)). The Registrar must comply with such a request from the ART as soon as practicable and no later than 7 days after the request is made (CSRC Act section 95J(2)).

Variation of original decision after application for review lodged

The Registrar may vary or substitute a decision after an application has been made for an ART review of a 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 ART review as though it relates to the varied or substituted decision. The person who applied for ART review would need to notify the ART if they do not want to seek review of the varied or substituted decision (CSRC Act section 95B). However, if the President of the ART has referred an application for ART review of a decision of the Registrar to the guidance and appeals panel, the Registrar cannot vary the decision after the referral has been made (CSRC Act section 95B(1AA).

If the President of the ART has accepted a person’s application to refer a decision of the ART to the guidance and appeals panel and the Registrar varies the decision after the application was made and before the ART is constituted as the guidance and appeals panel, then the guidance and appeals panel proceeding is in relation to the decision as varied by the Registrar (CSRC Act 95B(1B).

Note: For decisions that can be subject to ART second review, the Registrar may not vary or substitute a decision outside the ART second review process (ARTAct section 131M). See 4.1.8.

Application may be dismissed

An application for a review of a decision of the Registrar can be dismissed by the ART.

The reasons the ART can dismiss an application include:

  • the decision is not a reviewable decision (ARTAct section 97)
  • the application is frivolous, vexatious, misconceived or lacking in substance, has no reasonable prospects of success, or is otherwise an abuse of process (ARTAct section 101)
  • the applicant does not appear at a Tribunal case event or fails to comply with an order of the ART (ARTAct section 99, section 100)
  • all parties, other than any non-participating parties, consent to the dismissal (ARTAct section 96).

If an applicant withdraws their application, the ART is taken to have dismissed the application (ARTAct section 95(2)).

Application may be reinstated

Request for reinstatement

Where an application was dismissed by the ART, the applicant whose application was dismissed may, within 28 days of receiving notification of the dismissal, or such longer period as the Tribunal, in special circumstances, allows, request that the application be reinstated (ARTAct section 102).

The ART may also reinstate an application for review on its own initiative if the ART considers the application was dismissed in error (ARTAct section 102(2)).

Submissions from the parties

Submissions from parties other than the Registrar

The ART must ensure that all parties to the review, other than any non-participating party, are given a reasonable opportunity to present their case, access information or documents relevant to the ART decision and make submissions (ARTAct section 55).

The ART may make directions about the conduct of the proceedings.

Submissions from the Registrar when the Registrar is a non-participating party

When involved in an ART review as a non-participating party, the Registrar may make written submissions to the ART (ARTAct section 63). The Registrar may also give written notice to the ART that they wish to participate in the proceeding (ARTAct section 62). The ART may also order the Registrar to make written submissions or otherwise participate in the proceeding (ARTAct section 63(2)).

Directions hearing

The ART may hold a directions hearing to discuss the conduct of an ART review (ARTAct section 80, ART (Common Procedures) Practice Direction 2024).

The hearing

The ART will generally be constituted by a single member. Where the ART is constituted by 2 or 3 members, a presiding member will be appointed for the purposes of the proceeding (ARTAct section 37, section 39). In reviewing a decision the ART is not bound by rules of evidence (ARTAct section 52). The ART is required to conduct proceedings with as little formality and technicality, and with as much expedition as a proper consideration of the matter permits (ARTAct section 50). An ART review for child support purposes, other than in relation to a guidance and appeals panel proceeding, must be held in private (CSRC Act section 95K).

The ART may take evidence on oath or affirmation for the purposes of a review of a decision (ARTAct section 76). Children of the parties, or children being cared for by a non-parent carer who is a party, are not to give oral testimony (CSRC Act section 98A). The ART may adjourn the hearing from time to time. The ART may give directions about the procedure to be followed on the hearing of the review and/or direct who will be present during the hearing.

Decisions that can be made

The ART is independent of the Child Support Registrar and will take a fresh look at the decision under review. The ART will make a fresh decision after considering the relevant information provided by all parties (including information provided at the hearing) and the applicable child support law. The ART must determine what the correct or preferable decision is in the circumstances of each case.

After reviewing the merits of an objection decision, the ART must make a decision to (ARTAct section 105):

  • affirm that decision
  • vary that decision
  • set aside that decision and substitute a new decision, or
  • set aside that decision and send the matter back to the Registrar with directions or recommendations. This may result in the Registrar making a new objection decision to replace the original objection decision. If a parent is dissatisfied with the new objection decision, they can apply to the ART for review of the decision.

The parties to the review (which includes the Registrar) may reach agreement on the review decision that should be made (ARTAct section 103). If such an agreement is reached, the ART may then make the decision as agreed without holding a hearing if it is satisfied that it is within its power to make that decision.

The ART can exercise the relevant powers and discretions of the Registrar when reviewing a decision of the Registrar (ARTAct section 54). Despite this the ART must not, for the purposes of an ART review, exercise a power or discretion conferred on the Registrar that is prescribed in the CSRC Regs (CSRC Act section 95E, CSRC Regs section 25, Schedule 3).
The Registrar must immediately take action to give effect to the ART decision (CSRC Act section 110V).

Notification of decision

The ART is required to give each party to the proceeding written notice of the ART decision, reasons for the ART decision, notice of the right to apply to the guidance and appeals panel (where applicable), notice of the right to apply for ART second review (where applicable) and notice of the right to appeal to court on a question of law from the decision (ARTAct section 111).

Publication of review proceedings

CSRC Act section 110X imposes restrictions upon the publication of an account of review proceedings if the report identifies a party to the proceedings or other people relevant to the review. The restrictions do not apply for certain purposes (CSRC Act section 110X(4)).

Appeal to a court on a question of law

Refer to 4.3.6 for information on appealing ART decisions to court on a question of law.

Application for ART second review

The ARTAct provides for ART second review of eligible social services decisions (ARTAct section 131C, section 131D). The following are eligible social services decisions for child support purposes:

  • a care percentage decision (within the meaning of the CSRC Act)
  • a decision by the ART to refuse an application for extension of time to seek ART review (CSRC Act section 92)
  • a decision to make, or not make, a determination about special circumstances in relation to a late application for ART review of a care percentage decision (CSRC Act section 95N). This section does not apply in relation to the date of effect of an ART second review of a care percentage decision.

Guidance & appeals panel

The guidance and appeals panel is a way of constituting the ART at a more senior level. Applications for ART review can be referred to the ART by the President of the ART. Parties to a decision of the ART can apply to the President of the ART to refer that decision to the guidance and appeals panel (ARTAct section 121).

Upon receipt of an application for ART review, the President may refer the application to the guidance and appeals panel if satisfied that the application raises an issue of significance to administrative decision-making and it is appropriate in the interests of justice to make the referral (ARTAct section 122).

A person can also make an application to the President of the ART to refer certain decisions of the ART to the guidance and appeals panel. The President may make such a referral if satisfied that the ART decision raises an issue of significance to administrative decision-making or that the ART decision may contain a material error of fact or law materially affecting the ART’s decision. The President is not required to refer any decision of the ART to the guidance and appeals panel (ARTAct section 128). An application for referral of an ART decision to the guidance and appeals panel must be made with 28 days after the ART has given the statement of reasons for the decision (or such longer period as the President, in special circumstances, allows) (ARTAct section 125).

An application for referral of an ART decision to the guidance and appeals panel cannot be made in relation to a decision of the ART that is an eligible social services decision (ARTAct section 131W).

More information on the ART review process is available at the ART website.

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