HOME(AAT) Administrative Appeals Tribunal: Child Support
Child Support overview
The AAT can review many Child Support decisions made by the Child Support Registrar at Services Australia (the Agency).
First review
We can conduct a first review of the following decisions made by the Agency:
1 any child support decision
2 a decision to refuse to give you more time to object to a Child Support decision.
For most Child Support decisions, we can only conduct a first review if an Objections Officer at the Agency has completed a review.
A first review is done in the Social Services & Child Support Division of the AAT.
Second review
We can conduct a second review of the following decisions made by the AAT's Social Services & Child Support Division:
a decision to refuse to extend the time to apply for a first review of a Child Support decision
a decision relating to a person's percentage of care for a child.
A second review is done in the General Division of the AAT.
Departure prohibition orders and departure authorisation certificates
We can also review a decision made by the Agency about:
revoking or varying a departure prohibition order
a departure authorisation certificate.
This is also done in the General Division of the AAT.
First review by the AAT
Can we help?
What we can review
We can conduct a first review of any Child Support objection decision.
The objection decisions we can review include decisions about:
1 a change of assessment
2 the percentage of care for a child
3 the particulars of a child support assessment
4 non-agency payments.
We can also review a decision of Services Australia (the Agency) refusing to give you more time to object to a Child Support decision.
The decision letter will tell you if we can review the decision and if you are a person who can apply for a review.
What we cannot do
1 review a decision that has not been internally reviewed by a Child Support Objections Officer (except a refusal to give you more time to object)
2 conduct a first review of a decision about a departure prohibition order or departure authorisation certificate
3 investigate a complaint about the service you received from the Agency
4 consider a claim for compensation for detriment experienced as a result of defective actions or inaction (CDDA scheme)
5 change the law.
How to apply
An easy way to apply for a review is online.
You can also apply by:
telephone - 1800 228 333
filling in an application form
letter.
Check our contact details to lodge an application at one of our registries, or send the application by post, email or fax.
What information do I need to give?
If you write a letter or email, be sure to include:
1 your name, postal address, telephone number and email address
2 the date you received the decision
3 a copy of the decision
4 brief reasons why you think the decision is wrong.
If you cannot send us a copy of the decision, then include:
1 the name of the department that made the decision
2 a brief description of the decision
3 the date the decision was made.
If there is a current family violence order against the other parent, include a copy of the order with your application.
Can I apply on behalf of someone else?
We can only accept an application made on behalf of someone else if you are:
1 the person's lawyer
2 holding a power of attorney for the person authorising the commencement of legal proceedings
3 the person's appointed guardian
4 the executor or administrator of the person's deceased estate.
Time limits
Is there a time limit for applying?
Yes, there is a time limit for most Child Support decisions but not all of them. You can check the decision letter to find out if there is a time limit and what the limit is.
Care percentage decisions
There is no time limit to apply for a first review of a Child Support objection decision about the percentage of care for a child. However, our decision might not be back dated to an earlier date if you do not lodge the application within 28 days after receiving the Child Support objection decision (or 90 days if you live in a reciprocating jurisdiction).
Other decisions
For a first review of other Child Support decisions you must lodge the application within 28 days after you receive the decision (or 90 days if you live in a reciprocating jurisdiction).
Reciprocating Jurisdictions
A list of reciprocating jurisdictions can be found in latest version of Schedule 2 of the Child Support (Registration and Collection) Regulations 2018.
What can I do if the time limit has expired?
You can apply to us to extend the time limit to lodge your application. You must apply in writing and include reasons why the application is late. You can do this:
1 when you lodge your application for review online
2 when you fill in the Application for review form
3 by writing an email or letter.
We will only start the review if we decide to extend the time limit.
Fees
Do I have to pay an application fee?
No. There is no fee to apply for a first review of a Child Support decision.
Second review by the AAT
Can we help?
What we can review
A second review is the second time we review a Child Support decision.
We can conduct a second review of the following decisions made by the Social Services & Child Support Division of the AAT:
a decision to refuse to extend the time to apply for a first review of a Child Support decision
a first review decision relating to a party's percentage of care for a child.
The letter we sent you with the decision will tell you if we can conduct a second review of the decision.
What we cannot do
conduct a second review of most Child Support decisions made by the Social Services and Child Support Division
review a decision of the Social Services & Child Support Division to dismiss an application or refuse to reinstate an application for a first review.
The letter we sent you with the decision will tell you what you can do if you think these decisions are wrong.
How to apply
An easy way to apply for a review is online.
You can also apply by:
filling in an application form
letter.
Check our contact details to lodge an application at one of our registries or send the application by post, email or fax.
We have a video guide which explains more about how to apply for a review.
What information do I need to give?
If you write a letter or email, make sure you include:
your name, postal address, telephone number and email address
the date you received the decision
a copy of the decision
brief reasons why you think the decision is wrong.
If you cannot send us a copy of the decision, then include:
the name of the department that made the decision
a brief description of the decision
the date the decision was made.
Time limits
Is there a time limit for applying?
Yes. You must lodge an application for a second review of a Child Support decision within 28 days after you receive the decision from the Social Services & Child Support Division of the AAT.
What can I do if the time limit has expired?
You can apply to us to extend the time limit to lodge the application. You must apply in writing and include reasons why the application is late. You can do this:
when you lodge your application for review online; or
by filling in an Application for extension of time form and sending it to us with the Application for second review of decision form
by writing an email or letter.
Check our contact details to lodge the application at one or our registries, or send the application by post, email or fax.
What happens after you apply for an extension of time?
We will send a copy of your extension application to the Department of Human Services. They have 14 days to tell us if they oppose the application.
If they do not oppose the application, we will generally make a decision without holding a hearing. If they oppose the application, we will usually hold a hearing before deciding the application. The hearing might be by telephone or in person at the AAT's offices.
We will only start the review if we decide to extend the time limit.
Fees
Do I need to pay an application fee?
Yes.
How much do I have to pay?
The standard application fee is $962.
Can I pay a reduced fee?
Yes, a reduced fee of $100 can be paid if:
legal aid has been granted for the review
you hold a health care card, pensioner concession card, Commonwealth seniors health card or other card that certifies entitlement to Commonwealth health concessions
you are in prison, immigration detention or otherwise detained in a public institution
you are under 18 years of age
you are receiving Youth Allowance, Austudy or ABSTUDY
we decide payment of the application fee would cause you financial hardship.
You must give us evidence that you are eligible to pay a reduced fee.
To ask for a fee reduction because of financial hardship you must fill in the Request for fee reduction form. You should send us this form when you lodge the application.
What if I have more than one application for review?
If you make more than 1 application and we decide that they can be dealt with together, we can order that you only have to pay 1 fee.
You can ask us about paying a single fee when you lodge the applications.
When do I pay the fee?
You should pay the fee when you lodge the application. We will not start the review until you pay the fee.
The application might be dismissed if you do not pay the fee within 6 weeks after lodging the application.
How do I pay my fee?
EFTPOS
credit card (MasterCard and Visa only)
cheque
money order
cash.
Credit card payments can also be made by phone.
Can I receive a refund?
We will refund:
the entire application fee if you were not required to pay it
the difference between the fee you paid and $100, if we decide you can pay the reduced fee
the difference between the fee you paid and $100, if the review is decided in your favour.
There is no refund if you paid the reduced fee of $100.
