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.

4.2.6 Effect of ART review application on the original decision

Context

The Registrar's objection decision has effect after a parent applies for ART review of that decision. Similarly, the decision made by the Registrar or by the ART on review has effect after a parent applies for ART second review of that decision. This is subject to stay provisions in the CSRC Act and the ARTAct.

Act reference

CSRC Act section 95A, section 95B, section 110R, section 111C

ARTAct section 31, section 32, section 131M, section 131V

Stay orders & suspensions

When a parent applies for ART review of an objection decision made by the Registrar, the reviewable decision will continue to have effect until the ART makes a decision (CSRC Act section 110R), unless a stay order is made. A parent can apply to a court for a stay order under CSRC Act section 111C to stay the Registrar's reviewable decision until the outcome of the ART review is known, unless it is a proceeding referred to the guidance and appeals panel. When a parent has applied to have their ART decision referred to the guidance and appeals panel, the parent may apply under the ARTAct for an order staying or otherwise affecting the operation of the reviewable decision (ARTAct section 32(2), CSRC Act section 95A).

In relation to an application for ART second review of a care percentage decision, that decision has effect until the ART second review is decided (ARTAct section 32(1)). On the request of a party to the ART review, the ART may stay the decision until the outcome of the ART second review is known (ARTAct section 32(2), section 131V). The parties to the ART review have the opportunity to be heard in relation to the request for a stay order (ARTAct section 32(7)).

The Registrar may make a decision not to disburse any payments to a payee if a payer has applied to the ART challenging the validity of the child support assessment, for reasons other than the parentage of the child concerned, and has requested a suspension of disbursement of payments to the payee. See 5.5.4 for further information about suspending payments to payees.

Variations to decisions

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.

The Registrar is not able to vary or substitute a decision where the President of the ART refers an application for review to the guidance and appeals panel. The Registrar is also not able to vary or substitute a decision where an application is for referral of an ART decision to the guidance and appeals panel and the ART has been constituted as the guidance and appeals for the purposes of the proceeding (CSRC Act section 95B).

The Registrar is also not able to vary or substitute a decision where an application is for ART second review (ARTAct section 131M).

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