Child Support Legislation Amendment (Reform of the Child Support Scheme - New Formula and Other Measures) Act 2006 (146 of 2006)

Schedule 3   SSAT review of child support decisions (commencing on 1 January 2007)

Part 1   Amendments

Child Support (Registration and Collection) Act 1988

69   Part VII

Repeal the Part, substitute:

Part VII - Internal objection procedures for certain decisions

Division 1 - Preliminary

79D Simplified outline

The following is a simplified outline of this Part:

• Certain persons can object under this Part to certain decisions of the Registrar under the Assessment Act and this Act.

• If a person objects to a decision, the Registrar is required to reconsider the decision under this Part.

• If a person is dissatisfied with the reconsideration, he or she can apply to the SSAT for review of the decision under Part VIIA of this Act.

• A person can appeal from the SSAT to a court on a question of law under Subdivision B of Division 3 of Part VIII of this Act.

79E Object of this Part

The object of this Part is to provide for internal reconsideration of decisions of the Registrar before the decisions may be reviewed by the SSAT under Part VIIA.

Division 2 - Decisions against which objections may be lodged

80 Decisions against which objections may be lodged

(1) A person may lodge with the Registrar an objection in writing to a decision of the Registrar if:

(a) the decision is set out in an item of the following table; and

(b) the person is set out in that item.

Objections to particulars in the Child Support Register

(2) An objection to a decision of the Registrar as to particulars entered in the Child Support Register in relation to a registrable maintenance liability may be lodged:

(a) on the ground that the relevant entry does not relate to a registrable maintenance liability; or

(b) on any other ground.

(3) An objection to a decision of the Registrar as to particulars varied in the Child Support Register in relation to a registrable maintenance liability may only be made against:

(a) the particulars varied; and

(b) any other particulars affected by the variation.

Objections to administrative assessments - parentage

(4) An objection to a decision of the Registrar to accept an application for administrative assessment under subsection 30(1) of the Assessment Act may not be lodged on the ground that the person is not the parent of the child concerned.

Note: In that case, the person may be able to apply to a court under section 107 of the Assessment Act for a declaration that the applicant for the administrative assessment in question was not entitled to it.

(5) An objection may not be lodged to a decision of the Registrar to refuse to accept a carer application for administrative assessment if one of the reasons for the Registrar so refusing was that the Registrar was not satisfied under section 29 that the person from whom the application sought payment of child support is a parent of the child concerned.

Note: In that case, the applicant may be able to apply to a court under section 106A of the Assessment Act for a declaration that the applicant is entitled to administrative assessment of child support for the child.

Division 3 - Time limits on lodging objections

81 Time limits on lodging objections

(1) An objection to a decision (other than an objection to an appealable collection refusal decision) must be lodged by a person within 28 days after a notice of the decision is served on the person.

(2) An objection to an appealable collection refusal decision must be lodged by a person within 28 days after the decision first comes to the notice of the person.

82 Applications for extensions of time

(1) If the period for the lodgment by a person of an objection under section 81 has ended, the person may, even though the period has ended, send the objection to the Registrar together with an application in writing requesting the Registrar to treat the objection as having been duly lodged.

(2) The application must state fully and in detail the grounds of the application, including the circumstances concerning, and the reasons for, the failure by the person to lodge the objection as required by section 81.

83 Consideration of applications for extensions of time for lodging objections

(1) If an application is sent to the Registrar under section 82 in relation to an objection under this Part, the Registrar must:

(a) consider the application; and

(b) within 60 days after the application is received by the Registrar:

(i) either grant or refuse the application; and

(ii) if the application is granted - deal with the objection under subsection 87(1).

(2) If the Registrar does not either grant or refuse to grant the application within that period of 60 days, the Registrar is taken, at the end of that period, to have refused to grant the application.

(3) The Registrar must serve notice in writing of the decision on the person who made the application.

(4) The notice must include, or be accompanied by:

(a) the reasons for the decision; and

(b) a statement to the effect that, if the person is aggrieved by the decision, application may be made, subject to this Act, to the SSAT for review of the decision.

(5) A contravention of subsection (4) in relation to a decision does not affect the validity of the decision.

(6) If an application under subsection 82(1) is granted, the person who made the application is, for the purposes of this Act, taken to have duly lodged the objection to which the application relates.

Division 4 - Grounds of objections

84 Grounds of objections

The objection must state fully and in detail the grounds relied on.

85 Registrar to serve copies of grounds of objections on other parties

The following table has effect:

86 Other party may oppose or support objection

(1) A person served with a copy of the grounds of objection under section 85 may lodge with the Registrar a written notice in opposition to, or in support of, the objection.

(2) The notice must be lodged within 28 days after service on the person of the copy of the grounds of objection.

(3) The notice must state fully and in detail the grounds relied on.

Division 5 - Consideration of objections

87 Consideration of objections by Registrar

(1) If an objection is lodged with the Registrar under this Part, the Registrar must:

(a) consider the objection and any notice lodged with the Registrar under section 86 in relation to the objection; and

(b) within 60 days after the objection is lodged with the Registrar, either:

(i) disallow the objection; or

(ii) allow it in whole or in part.

(2) The Registrar must serve notice in writing of the decision on:

(a) the person who lodged the objection; and

(b) each other person who was entitled to be served a copy of the grounds of objection under section 85.

(3) A notice served on a person under subsection (2) must include, or be accompanied by:

(a) the reasons for the decision; and

(b) a statement to the effect that if the person is aggrieved by the decision on the objection:

(i) if the decision objected to was a decision by the Registrar under section 98E or 98R of the Assessment Act - the person may apply to a court for an order under Division 4 of Part 7 of that Act; or

(ii) otherwise - the person may, subject to this Act, apply to the SSAT for review of the decision.

(4) A contravention of subsection (3) in relation to a decision does not affect the validity of the decision.

Part VIIA - SSAT review of certain decisions

Division 1 - Preliminary

87A Simplified outline

The following is a simplified outline of this Part:

• If a person objects to a decision of the Registrar under Part VII, the Registrar is required to reconsider the decision under that Part.

• If a person is dissatisfied with the reconsideration, he or she can apply to the SSAT for review of the decision under this Part.

• The SSAT must pursue the objective of providing a mechanism of review that is fair, just, economical, informal and quick.

• A person can appeal from the SSAT to a court on a question of law under Subdivision B of Division 3 of Part VIII of this Act.

88 SSAT objective

In carrying out its functions under this Act, the SSAT must pursue the objective of providing a mechanism of review that is fair, just, economical, informal and quick.

Division 2 - Applications for review

Subdivision A - Applications for review

89 Applications for review

(1) A person may apply to the SSAT for review of a decision of the Registrar if:

(a) the decision is set out in an item of the following table; and

(b) the person is set out in that item.

(2) However, a person may not apply to the SSAT for review of a decision under subsection 87(1) on an objection to a decision (the original decision ) of the Registrar if the original decision was made under section 98E or 98R of the Assessment Act.

Note: In that case, the person may apply to a court for an order under Division 4 of Part 7 (departure orders) of the Assessment Act.

Subdivision B - Time limit on applications for review

90 Time limit on applications for review

An application for review under this Part must be made by a person within the period of 28 days starting on the day on which the relevant notice under subsection 83(3) or 87(2) is served on the person.

91 Application for extension of time

(1) If the period for applying for review under this Part has ended, a person may make an application for review under this Part that includes a written application (the extension application ) asking the SSAT Executive Director to consider the application for review despite the ending of the period.

(2) The extension application must state the reasons for the person's failure to apply for the review within the period required by section 90.

92 Consideration of applications for extension of time for lodging objections

(1) If a person applies to the SSAT under section 91 in relation to an application for review, the SSAT Executive Director must:

(a) consider the extension application; and

(b) within 60 days after the extension application is received by the SSAT, grant or refuse the extension application; and

(c) if the extension application is granted - deal with the application for review under this Part.

(2) If the SSAT Executive Director does not make a decision on the extension application within 60 days after the extension application was made, the SSAT Executive Director is taken to have refused the extension application at the end of that period.

(3) The SSAT Executive Director must give written notice of the decision granting or refusing the extension application to the person who made the extension application.

(4) If the SSAT Executive Director refuses the extension application, the notice under subsection (3) must include, or be accompanied by, a statement to the effect:

(a) that the person may, subject to the Administrative Appeals Tribunal Act 1975, apply to the AAT for review of the decision; and

(b) except where subsection 28(4) of that Act applies - that the person may request a statement under section 28 of that Act.

(5) A contravention of subsection (4) in relation to a decision does not affect the validity of the decision.

(6) If an extension application under section 91 is granted, the person who made the application is, for the purposes of this Act, taken to have duly made the application for review under this Part to which the extension application relates.

(7) A person whose extension application has been refused by the SSAT Executive Director may apply to the AAT for review of the decision.

(8) In subsection (7):

decision has the same meaning as in the Administrative Appeals Tribunal Act 1975.

93 Procedures on receiving applications for review not required until review of extension application completed

If an extension application is made under section 91 in relation to an application for review:

(a) subsections 95(2) to (6) and section 96 are taken not to apply in respect of the application for review unless and until a decision of the SSAT Executive Director, the AAT or a court decides that the extension application is to be granted by the SSAT Executive Director; and

(b) if such a decision is made - subsection 95(2) applies as if the application for review under this Part is received by an office of the SSAT on the day on which that decision is made.

Subdivision C - Application procedures

94 Application procedures

(1) A person may apply to the SSAT for review under this Part by:

(a) sending or delivering a written application to:

(i) an office of the SSAT; or

(ii) an office of the Department; or

(iii) an office of the Commonwealth Services Delivery Agency; or

(iv) an office of the Department administering the Commonwealth Services Delivery Agency Act 1997; or

(b) going to an office of the SSAT and making an oral application; or

(c) contacting an office of the SSAT by telephone and making an oral application.

(2) If a person makes an oral application in accordance with paragraph (1)(b) or (c), the person receiving the oral application must:

(a) make a written record of the details of the oral application; and

(b) note on the record the day on which the application is made.

(3) If a person makes a written record of an oral application in accordance with subsection (2), this Part has effect as if the written record were a written application made on the day on which the oral application was made.

(4) An application may include a statement of the reasons for seeking a review of the decision.

95 Procedures on receiving applications for review

Applications must be forwarded to SSAT

(1) If an application for review under this Part is sent or delivered to an office of a Department or of the Commonwealth Services Delivery Agency under section 94, the Secretary of that Department or the CEO of the Agency, as the case requires, must send the application to the SSAT Executive Director:

(a) as soon as practicable; and

(b) in any case - not later than 7 days after the application is received at the office of that Department or Agency.

SSAT must notify applicants and Registrar of receipt of applications

(2) If:

(a) an application for review under this Part is received by an office of the SSAT; or

(b) a Secretary or the CEO sends such an application to the SSAT Executive Director in accordance with subsection (1);

the SSAT Executive Director must give the applicant, the Registrar and any other party to the review written notice that the application has been received.

Note: The parties to the review are set out in section 101.

Registrar must provide information to SSAT

(3) Within 28 days after receiving the notice under subsection (2), the Registrar must send to the SSAT Executive Director:

(a) a statement about the decision under review that:

(i) sets out the findings of fact made by the Registrar; and

(ii) refers to the evidence on which those findings were based; and

(iii) gives the reasons for the decision; and

(b) the original or a copy of every document or part of a document that:

(i) is in the possession, or under the control, of the Registrar; and

(ii) is relevant to the review of the decision.

Note: The Registrar must also send copies of the statement and documents to each party (see section 96).

(4) If the SSAT Executive Director requests the Registrar to send the statement and documents referred to in subsection (3) by a day earlier than the day fixed by that subsection, the Registrar must take reasonable steps to comply with the request.

(5) If:

(a) after the end of the period referred to in subsection (3) but before the determination of the review, the Registrar obtains possession of a document; and

(b) the Registrar considers that the document or a part of the document is relevant to the review; and

(c) a copy of the document or the part of the document has not been sent to the SSAT Executive Director in accordance with subsection (3);

the Registrar must send a copy of the document or the part of the document to an office of the SSAT as soon as practicable after obtaining possession of the document.

(6) If the Registrar must provide the SSAT with a document under this section, the Registrar must provide the SSAT with:

(a) if the SSAT Executive Director requests the Registrar to provide a specified number of copies of the document - that number of copies of the document; or

(b) otherwise - 2 copies of the document.

96 Parties to be given statements about decisions under review

(1) Within 28 days after receiving the notice under subsection 95(2), the Registrar must give each party to the review a copy of the statement and documents referred to in subsection 95(3).

Note: The parties to the review are set out in section 101.

(2) The SSAT Executive Director may, by writing given to the person, direct a person who has received a copy of a statement or a document in accordance with subsection (1):

(a) not to disclose information in the statement or document; or

(b) not to disclose information in the statement or document except in the circumstances, or for the purposes, specified in the direction.

Offence

(3) A person commits an offence if:

(a) the SSAT Executive Director gives a direction to the person under subsection (2); and

(b) the person contravenes the direction.

Penalty: Imprisonment for 2 years.

97 When document is not required to be sent

(1) Subject to section 98, the Registrar is not required, under paragraph 95(3)(b) or subsection 93(5), to send a document, or part of a document, that is relevant to a review if:

(a) for a document or a part of a document that is required under paragraph 95(3)(b) - within 28 days after receiving the relevant notice under subsection 95(2); or

(b) for a document or a part of a document that is required under subsection 95(5) - as soon as practicable;

the Registrar:

(c) applies to the SSAT Executive Director for a direction under section 98 in relation to the document or the part of the document; and

(d) sends to the SSAT 2 copies of the document or the part of the document, together with the application for the direction; and

(e) gives a copy of the application for the direction to each party to the application for review.

(2) Subsection (1) does not affect the obligation of the Registrar to comply with paragraph 95(3)(b) or subsection 93(5) in relation to any document or part of a document to which subsection (1) does not apply.

98 Directions prohibiting or restricting disclosure of documents

(1) If, after considering an application by the Registrar under section 97 for a direction in respect of a document or a part of a document, the SSAT Executive Director directs the Registrar to send the document or the part of the document under paragraph 95(3)(b) or subsection 93(5), the Registrar must do so.

(2) The SSAT Executive Director may give directions (whether on application by the Registrar or on his or her initiative) prohibiting or restricting the disclosure to some or all of the parties to a review of the contents of a document or statement referred to in subsection 95(3) or (5) that relates to the review if he or she is satisfied that it is desirable to do so because of the confidential nature of the document or statement, or for any other reason.

Subdivision D - Effect of variations of original decisions on applications

99 Variations of decisions before reviews completed

(1) If the Registrar varies a decision:

(a) after an application has been made to the SSAT under this Part for review of the decision; but

(b) before the determination of the review;

the application for review is to be treated as if it were an application for review of the decision as varied.

(2) If the Registrar sets a decision aside and substitutes a new decision:

(a) after an application has been made to the SSAT for review of the original decision; but

(b) before the determination of the review;

the application for review is to be treated as if it were an application for review of the new decision.

(3) If:

(a) a person applies to the SSAT for review of a decision; and

(b) before the determination of the review, the Registrar varies the decision or sets it aside and substitutes a new decision;

the person may either:

(c) proceed with the application for review of the decision as varied or the new decision, as the case may be; or

(d) apply to the SSAT Executive Director to have the application dismissed under section 100.

Subdivision E - Dismissal of applications

99A Subdivision does not apply in relation to Registrar

This Subdivision does not apply in relation to a party if the party is the Registrar.

100 Dismissal of an application

(1) The SSAT Executive Director may, on the application of a party or on his or her own initiative, dismiss an application for review of a decision if:

(a) the decision is not reviewable under this Part; or

(b) the application is frivolous or vexatious; or

(c) all of the parties consent; or

(d) the SSAT Executive Director is satisfied:

(i) after having communicated with each party; or

(ii) after having made reasonable attempts to communicate with each party and having failed to do so;

or a combination of both, that none of the parties intend to proceed with the application; or

(e) all of the parties fail to attend the hearing; or

(f) all of the parties have been removed from the proceeding under subsection 101(5).

(2) The SSAT Executive Director may dismiss an application under paragraph (1)(b) only if:

(a) one of the following applies:

(i) the SSAT Executive Director has received and considered submissions from the applicant;

(ii) the SSAT Executive Director has otherwise communicated with the applicant in relation to the grounds of the application;

(iii) the SSAT Executive Director has made reasonable attempts to communicate with the applicant in relation to the grounds of the application and has failed to do so; and

(b) all of the parties (other than the applicant) consent to the dismissal.

Division 3 - Parties to reviews

101 Parties to reviews

(1) The parties to a review under this Part are:

(a) the applicant; and

(b) the Registrar; and

(c) any other person who was entitled to apply for review of the decision under section 89; and

(d) any other person who has been made a party to the review under subsection (4).

SSAT Executive Director may add parties

(2) Any person whose interests are affected by the decision may apply in writing to the SSAT Executive Director to be made a party to the review.

(3) However, a person may not apply under subsection (2) if:

(a) the person is a child of a party referred to in paragraph (1)(a), (c) or (d); or

(b) a party referred to in paragraph (1)(a), (c) or (d) is an eligible carer, but not a parent, of the person.

(4) The SSAT Executive Director may order that a person who has applied under subsection (2) be made a party to the review.

SSAT Executive Director may remove parties

(5) The SSAT Executive Director may direct that a party to a review no longer be a party to the review if:

(a) the party consents; or

(b) the SSAT Executive Director is satisfied:

(i) after having communicated with the party; or

(ii) after having made reasonable attempts to communicate with the party and having failed to do so;

that the party does not intend to participate in or proceed with the review; or

(c) the party fails to comply with a direction or order of the SSAT or of the SSAT Executive Director given in relation to the review; or

(d) the party fails to attend the hearing.

102 Notice of application to persons affected by decision

(1) If:

(a) an application has been made to the SSAT under this Part for review of a decision; and

(b) the SSAT Executive Director is satisfied that the interests of a person who is not a party to the review are affected by the decision;

the SSAT Executive Director must take reasonable steps to give the person written notice that an application has been made to the SSAT for review of the decision.

(2) However, subsection (1) does not apply to a person if:

(a) the person is a child of a party referred to in paragraph 101(1)(a), (c) or (d); or

(b) a party referred to in paragraph 101(1)(a), (c) or (d) is an eligible carer, but not a parent, of the person.

(3) The notice under subsection (1):

(a) must be in writing; and

(b) must include, or be accompanied by, notification of the person's right under subsection 101(2) to apply to the SSAT Executive Director to be added as a party to the review; and

(c) may be given at any time before the determination of the review.

(4) The SSAT Executive Director must give each party to the review a copy of the notice.

Division 3A - Prehearing conferences

103 Pre-hearing conferences

(1) The SSAT Executive Director may convene one or more conferences with the parties to a review if he or she considers that it would assist in the conduct and consideration of the review to do so.

(2) At a conference, the SSAT Executive Director may:

(a) fix a day or days for the hearing; and

(b) give directions about the time within which submissions are to be made to the SSAT; and

(c) give directions about the time within which evidence is to be brought before the SSAT.

Note: Section 103W applies if the parties reach an agreement at the pre-hearing conference.

Division 4 - Hearings

Subdivision A - Arrangements for hearings

103A Arrangements for hearings

(1) The SSAT Executive Director must fix a day, time and place for the hearing of a review of a decision if:

(a) an application is made to the SSAT for review of the decision; and

(b) the parties to the review do not reach an agreement before a hearing of the review is to begin; and

(c) the SSAT Executive Director has not already done so at a pre-hearing conference.

(2) The SSAT Executive Director must give the applicant and any other parties to the review written notice of the day, time and place fixed for the hearing of the application.

(3) The notice under subsection (2) must be given a reasonable time before the day fixed for the hearing.

Subdivision B - Submissions from parties other than the Registrar

103B Subdivision does not apply in relation to Registrar

This Subdivision does not apply in relation to a party if the party is the Registrar.

103C Submissions

(1) A party to a review under this Part may make:

(a) oral submissions to the SSAT; or

(b) written submissions to the SSAT; or

(c) both oral and written submissions to the SSAT.

Note: The SSAT Executive Director may direct that a hearing be conducted without oral submissions from the parties (see section 103D).

(2) A party to a review may have another person make submissions to the SSAT on his or her behalf.

(3) The SSAT Executive Director may determine that submissions to the SSAT by a party or a party's representative are to be made by telephone or by means of other electronic communications equipment.

(4) Without limiting subsection (3), the SSAT Executive Director may make a determination under that subsection in relation to an application if:

(a) the application is urgent; or

(b) the party lives in a remote area and unreasonable expense would be incurred if the party or the party's representative had to travel to the place at which the hearing is to be held; or

(c) the party is unable to attend the hearing because of illness or infirmity; or

(d) the party has failed to attend the hearing and has not indicated that he or she intends to attend the hearing.

(5) If a party is not proficient in English, the SSAT Executive Director may give directions in relation to the use of an interpreter in connection with the hearing of the review.

103D Written submissions only

(1) The SSAT Executive Director may direct that a hearing be conducted without oral submissions from the parties if:

(a) the SSAT Executive Director considers that the review hearing could be determined fairly on the basis of written submissions by the parties; and

(b) all parties to the review consent to the hearing being conducted without oral submissions.

(2) If the SSAT Executive Director gives a direction under subsection (1), the SSAT Executive Director must give each of the parties to the review written notice:

(a) informing the party of the direction; and

(b) inviting the party to submit written submissions; and

(c) specifying the address to which the written submissions are to be delivered; and

(d) specifying the time within which the written submissions are to be delivered.

The SSAT Executive Director must give a copy of the notice to the Registrar.

(3) The time specified under paragraph (2)(d) must be such as to allow a reasonable period for the parties to make written submissions.

(4) Despite subsection (1), the SSAT, as constituted for the hearing, may, if it thinks necessary after considering the written submissions made by the parties, make an order permitting the parties to make oral submissions to the SSAT at the hearing of the review.

103E Hearings without oral submissions from a party

(1) If a party to a review has informed the SSAT Executive Director that the party does not intend to make oral submissions to the SSAT, the SSAT may proceed to hear the application for review without oral submissions from the party.

(2) If:

(a) the SSAT Executive Director has determined that oral submissions to the SSAT by a party or a party's representative are to be made by telephone or by means of other electronic communications equipment; and

(b) on the day fixed for the hearing, the presiding member of the SSAT as constituted for the purposes of the review has been unable to contact the party or the party's representative, as the case may be, after taking reasonable steps to do so;

the SSAT Executive Director may authorise the SSAT to proceed to hear the application without oral submissions from the party or the party's representative, as the case may be.

(3) If:

(a) the SSAT Executive Director has not determined that oral submissions to the SSAT by a party or a party's representative are to be made by telephone or by means of other electronic communications equipment; and

(b) the party or the party's representative, as the case may be, does not attend the hearing at the time fixed for the hearing;

the SSAT Executive Director may authorise the SSAT to proceed to hear the application without oral submissions from the party or the party's representative, as the case may be.

(4) If the SSAT Executive Director gives an authorisation under subsection (2) or (3), the SSAT may proceed to hear the application in accordance with the authorisation.

(5) If the hearing for the review has not been completed, the SSAT Executive Director may revoke an authorisation under subsection (2) or (3).

Subdivision C - Submissions from the Registrar

103F Submissions from the Registrar

(1) The Registrar may make written submissions to the SSAT.

Registrar may request permission to make oral submissions

(2) The Registrar may, by writing, request the SSAT Executive Director for permission to make:

(a) oral submissions to the SSAT; or

(b) both oral and written submissions to the SSAT.

The request must explain how such submissions would assist the SSAT.

(3) The SSAT Executive Director may, by writing, grant the request if, in the opinion of the SSAT Executive Director having regard to the objective laid down by section 88, such submissions would assist the SSAT.

SSAT may order Registrar to make oral submissions

(4) The SSAT Executive Director may order the Registrar to make:

(a) oral submissions to the SSAT; or

(b) both oral and written submissions to the SSAT;

if, in the opinion of the SSAT Executive Director having regard to the objective laid down by section 88, such submissions would assist the SSAT.

Subdivision D - Other evidence provisions

103G Evidence on oath or affirmation

The SSAT may take evidence on oath or affirmation for the purposes of a review of a decision.

103H Children of parties not to give evidence

A person may not give evidence for the purposes of a review of a decision if:

(a) the person is a child of a party referred to in paragraph 101(1)(a), (c) or (d); or

(b) a party referred to in paragraph 101(1)(a), (c) or (d) is an eligible carer, but not a parent, of the person.

103J Provision of further information by Registrar

(1) The SSAT Executive Director may ask the Registrar to provide the SSAT with information or a document that the Registrar has and that is relevant to the review of a decision.

(2) The Registrar must comply with a request under subsection (1):

(a) as soon as practicable; and

(b) in any event - not later than 14 days after the request is made.

(3) If the request is for a document, the Registrar must provide the SSAT with:

(a) if the request specifies a number of copies - that number of copies of the document; or

(b) otherwise - 2 copies of the document.

103K Power to obtain information

(1) The SSAT Executive Director may, if it is reasonably necessary for the purposes of a review, by written notice given to the person, require a person:

(a) to give to the SSAT:

(i) within a reasonable period specified in the notice (being a period of not less than 7 days); and

(ii) in a reasonable manner specified in the notice;

such information as the SSAT Executive Director requires; or

(b) to attend before the SSAT Executive Director (or an officer authorised by the SSAT Executive Director for the purpose):

(i) at a reasonable time specified in the notice; and

(ii) at a reasonable place specified in the notice;

and then and there answer questions; or

(c) to produce to the SSAT:

(i) at a reasonable time specified in the notice; and

(ii) at a reasonable place specified in the notice;

any documents in the custody or under the control of the person.

(2) A person commits an offence if:

(a) the SSAT Executive Director gives the person a notice under subsection (1); and

(b) the person refuses or fails to comply with the notice.

Penalty: Imprisonment for 6 months.

(3) Subsection (2) does not apply if complying with the notice might tend to incriminate the person.

Note: A defendant bears an evidential burden in relation to the matters in subsection (3) (see subsection 13.3(3) of the Criminal Code).

(4) A person who is required to attend under this section is allowed such expenses as are prescribed by the regulations for the purposes of subsection 120(2).

103L SSAT may require Registrar to obtain information

(1) If the SSAT Executive Director is satisfied that a person:

(a) has information that is relevant to a review; or

(b) has custody or control of a document that is relevant to a review;

the SSAT Executive Director may, for the purpose of the review, ask the Registrar to exercise the Registrar's powers under section 161 of the Assessment Act or section 120 of this Act.

Note: A person who fails to comply with a notice given under section 161 of the Assessment Act or section 120 of this Act commits an offence under that section.

(2) The Registrar must comply with a request under subsection (1):

(a) as soon as practicable; and

(b) in any event - within 7 days after the request is made.

Subdivision E - Hearing procedure

103M Chair for hearings

(1) If the SSAT is constituted by 2 or more members for the purposes of the review of a decision, the SSAT Executive Director must designate one of those members as the member who is to preside at the hearing of the review.

(2) If the SSAT Executive Director is one of those members, he or she may designate himself or herself as the member who is to preside.

103N Hearing procedure

(1) The SSAT, in reviewing a decision under this Part:

(a) is not bound by legal technicalities, legal forms or rules of evidence; and

(b) is to act as speedily as a proper consideration of the review allows; and

(c) in determining what a proper consideration of the review requires, must have regard to the objective laid down by section 88.

(2) The SSAT may inform itself on any matter relevant to a review of a decision in any manner it considers appropriate.

Note: The SSAT Executive Director may give directions as to the procedure to be followed in connection with reviews (see section 103ZA).

103P Hearing in private

(1) The hearing of a review must be in private.

(2) The SSAT Executive Director may give directions, in writing or otherwise, as to the persons who may be present at any hearing of a review.

(3) In giving directions under subsection (2), the Executive Director must have regard to:

(a) the wishes of the parties; and

(b) the need to protect their privacy.

103Q Restrictions on disclosure of information obtained at hearing

(1) The SSAT Executive Director may make an order directing a person who is present at the hearing of a review:

(a) not to disclose information obtained by the person in the course of the hearing; or

(b) not to disclose information obtained by the person in the course of the hearing except in the circumstances, or for the purposes, specified in the order.

(2) A person commits an offence if:

(a) the SSAT Executive Director makes an order under subsection (1) in relation to the person; and

(b) the person contravenes the order.

Penalty: Imprisonment for 2 years.

103R Adjournment of hearings

(1) The SSAT may adjourn the hearing of a review from time to time.

(2) Without limiting subsection (1), the SSAT may refuse to adjourn the hearing of a review if:

(a) the hearing has already been adjourned on 2 or more occasions; or

(b) the SSAT is satisfied that to grant an adjournment would be inconsistent with the pursuit of the objective laid down by section 88.

Division 5 - Decisions on review

Subdivision A - SSAT review powers

103S SSAT must affirm, vary or set aside decisions

If a person applies to the SSAT for review of a decision under this Part, the SSAT must:

(a) affirm the decision; or

(b) vary the decision; or

(c) set the decision aside and:

(i) substitute a new decision; or

(ii) send the matter back to the Registrar for reconsideration in accordance with any directions or recommendations of the SSAT.

103T Powers of the SSAT for purposes of reviews

(1) Subject to the regulations, the SSAT may, for the purpose of reviewing a decision under this Part, exercise all the powers and discretions that are conferred by this Act and the Assessment Act on the Registrar.

(2) To avoid doubt, any limitation on the exercise of a power or discretion by the Registrar also limits the exercise of that power or discretion by the SSAT under this Part.

(3) The regulations may specify provisions of this Act and the Assessment Act to which subsection (1) does not apply.

103U Decision of questions before SSAT

(1) Subject to subsection (2), a question arising before the SSAT on a review is to be decided according to the opinion of a majority of the members constituting the SSAT for the purposes of the review.

(2) If, on a question arising on a review, the opinions of the members of the SSAT are equally divided, the question is to be decided according to the opinion of the member presiding.

103V Date of effect of SSAT decisions

(1) This section applies if the SSAT:

(a) varies a decision under review; or

(b) sets aside a decision under review and substitutes a new decision.

(2) The decision as varied or the new decision (as the case may be) has effect, or is to be taken to have had effect, on and from:

(a) if the SSAT specifies a day in its decision (whether before or after the day on which the decision is given) - the day specified; or

(b) otherwise - the day on which the decision under review has or had effect.

Note: The SSAT cannot specify a day that the Registrar could not have specified (see subsection 103T(2)).

Subdivision B - Consent orders

103W Powers of SSAT if parties reach agreement

(1) If, at any stage of a proceeding for a review (including at a pre-hearing conference under section 103):

(a) the parties (other than the Registrar) agree to the terms of a decision of the SSAT:

(i) in the proceeding; or

(ii) in relation to a part of the proceeding, or a matter arising out of the proceeding;

that would be acceptable to the parties; and

(b) the terms of the agreement are:

(i) put in writing; and

(ii) signed by or on behalf of the parties; and

(iii) lodged with the SSAT; and

(c) the SSAT is satisfied that a decision in those terms, or consistent with those terms, would be within the powers of the SSAT;

the SSAT may, if it appears to it to be appropriate to do so, act in accordance with whichever of subsection (2) or (3) is relevant in the particular case.

Note: The SSAT cannot make a decision that the Registrar could not have made (see subsection 103T(2)).

(2) If the agreement reached is an agreement as to the terms of a decision of the SSAT in the proceeding, the SSAT may make a decision in accordance with those terms:

(a) without holding a hearing of the proceeding; or

(b) if a hearing has commenced - without completing the hearing.

(3) If the agreement relates to a part of the proceeding, or a matter arising out of the proceeding, the SSAT may in its decision in the proceeding give effect to the terms of the agreement without dealing at the hearing of the proceeding with the part or matter to which the agreement relates.

(4) The SSAT must not make a decision by consent under subsection (2) or (3) in relation to a departure from administrative assessment of child support in accordance with Part 6A of the Act unless it is satisfied that it is just and equitable and otherwise proper to do so, having regard to the matters set out in subsections 117(4) and (5).

Subdivision C - Notification and publication of decisions

103X Procedure following SSAT decision

(1) If the SSAT makes a decision on a review, the SSAT must:

(a) within 14 days after making the decision, give a written notice to the parties that:

(i) sets out the decision; and

(ii) sets out the effect of section 110B (appeal made to a court on a question of law); and

(b) return to the Registrar any document that the Registrar has provided to the SSAT in connection with the review; and

(c) give the Registrar a copy of any other document that contains evidence or material on which the findings on any material questions of fact are based.

Note: Within the 14 days referred to in paragraph (1)(a), the SSAT must also give the parties oral or written reasons for the decision (see subsection (3)).

(2) A failure to comply with subparagraph (1)(a)(ii) in relation to a decision of the SSAT does not affect the validity of the decision.

Statements of reasons

(3) The SSAT must, within 14 days after making the decision, either:

(a) do both of the following:

(i) give reasons for the decision orally to the parties;

(ii) explain that the parties may request a written notice under paragraph (b) within 14 days after the notice is given under paragraph (1)(a); or

(b) give to each party a written notice (whether or not as part of the notice under paragraph (1)(a)) that:

(i) sets out the reasons for the decision; and

(ii) sets out the findings on any material questions of fact; and

(iii) refers to evidence or other material on which the findings of fact are based.

(4) If the SSAT does not give a written notice to a party under paragraph (3)(b), the party may, within 14 days after the day on which the notice under paragraph (1)(a) is given to the party, request such a notice from the SSAT.

(5) The SSAT must comply with a request under subsection (4) within 14 days after the day on which it receives the request.

103Y Correction of errors in decisions or statements of reasons

Correction of errors

(1) If:

(a) the SSAT makes a decision on a review; and

(b) the presiding member of the SSAT as constituted for the purposes of the review is satisfied that there is an obvious error in:

(i) the text of the decision; or

(ii) a written statement of reasons for the decision;

the presiding member may alter the text of the decision or statement.

(2) If the text of a decision or statement is altered under subsection (1), the altered text is taken to be the decision of the SSAT or the statement of reasons for the decision, as the case may be.

Examples of obvious errors

(3) Examples of obvious errors in the text of a decision or statement of reasons are if:

(a) there is an obvious clerical or typographical error in the text of the decision or statement; or

(b) there is an inconsistency between the decision and the statement.

Subdivision D - Costs

103Z Costs of review

(1) Subject to subsection (4), a party to a review must bear any expenses incurred by the party in connection with the review.

(2) The SSAT may determine that the Commonwealth is to pay the reasonable costs that are:

(a) incurred by a party for travel and accommodation in connection with the review; and

(b) specified in the determination.

(3) If the SSAT arranges for the provision of a medical service in relation to a party to a review, the SSAT may determine that the Commonwealth is to pay the costs of the provision of the service.

(4) If the SSAT makes a determination under subsection (2) or (3), the costs to which the determination relates are payable by the Commonwealth.

Division 6 - Other provisions

103ZA Directions as to procedure for reviews

Directions by SSAT Executive Director

(1) The SSAT Executive Director:

(a) may give general directions as to the procedure to be followed by the SSAT in connection with the review of decisions under this Part; and

(b) may give directions as to the procedure to be followed by the SSAT in connection with a particular review.

(2) A direction under subsection (1) must not be inconsistent with any provision of the Assessment Act or this Act.

(3) A direction under paragraph (1)(b) may be given before or after the hearing of the particular review has commenced.

Directions by presiding member

(4) The presiding member of the SSAT as constituted for the purposes of a particular review may give directions as to the procedure to be followed on the hearing of the review.

(5) A direction under subsection (4) must not be inconsistent with:

(a) any provision of the Assessment Act; or

(b) any provision of this Act; or

(c) a direction under subsection (1).

(6) A direction under subsection (4) may be given before or after the hearing of the particular review has commenced.

Directions must have regard to SSAT objective

(7) Directions under this section must have due regard to the objective laid down by section 88.

Legislative instrument status of instruments

(8) A general direction made under paragraph (1)(a) is a legislative instrument.

(9) A direction made under paragraph (1)(b) or subsection (4) is not a legislative instrument.