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.

5.6.3 Open exchange of information

Context

The open exchange of information process ensures the parties to a COA (1.1.C.50) application (5.1) or an objection (10.2) are aware of evidence which Services Australia will consider when making a decision. This allows both parties to comment on information that may be taken into account, and provide additional information to inform the decision.

Note: The following information does not apply for objections lodged against care percentage decisions. For more information about sharing information relating to care percentage objections, see 10.2.8.

Act references

CSA Act section 98G, 98M, 98N

CSRC Act section 85, 85A

ARTAct section 27

On this page

  • Change of assessment
  • Objections

COA

When a party applies for, or Services Australia initiates a COA, this involves the open exchange of information. The applicant is required to make an application in the manner specified by Services Australia and attach any evidence they are relying on to support this application. A copy of the application and evidence will be provided to the respondent for comment.

Example: A parent applies for a COA because the cost of maintaining their child is significantly affected by the cost of educating the child in the manner expected by both parents. The parent completes the COA form and provides a copy of the school enrolment form, fee statement, and invoices of payments made to the school. A copy of the application as well a copy of all of the documents provided with the application will be sent to the other parent, who will then have an opportunity to comment.

The respondent will be invited to respond to the application and provide any evidence to support their response. A copy of the response and supporting evidence will be provided to the applicant for comment.

Services Australia has limited power to remove or redact information from the COA form before providing copies to the other party. In most instances, information provided by one party will be shared with the other party. Parties may redact information from supporting evidence to remove personal information.

Services Australia will not accept a COA application or response, or supporting documents if these documents include obscene or otherwise offensive material. Such applications or responses have not been made in the manner specified by Services Australia and will not be used to inform a decision. Parties may be contacted and given the opportunity to re-submit their application or response and supporting documents, without the offensive material.

Objections

The open exchange of information applies when a party objects to a decision and both parties are involved.

If both parties are involved, Services Australia will provide a copy of the objection and any accompanying documents to the respondent.

Services Australia will inform each party of any information that may be taken into account in a way that is adverse to them, and an opportunity to comment on that information. This allows both parties to comment on information that may be taken into account and provide additional information to inform the objection decision.

If an application for review of an objection decision is made to the ART (10.3) all documents and information relevant to the decision will be provided to the ART and affected parties. This process is in accordance with the ARTAct.

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