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
72 At the end of Part VIII
Add:
Division 3 - Appeals and references of questions of law from SSAT to courts
Subdivision A - Preliminary
110A Simplified outline
The following is a simplified outline of this Division:
• If a person is dissatisfied with a decision of the SSAT on a question of law in relation to a review under Part VIIA of a decision of the Registrar, the person may appeal the decision to a court.
• The SSAT may refer a question of law arising in a proceeding under Part VIIA to a court.
Subdivision B - Appeals from decisions of SSAT
110B Appeals from decisions of SSAT
A party to a proceeding before the SSAT under Part VIIA may appeal to a court having jurisdiction under this Act, on a question of law, from any decision of the SSAT in that proceeding.
110C Time limits for instituting appeals
(1) An appeal by a person under this Division must be instituted in a court:
(a) within:
(i) the time prescribed by the applicable Rules of Court; or
(ii) such further time as is allowed under the applicable Rules of Court; and
(b) in such manner as is prescribed by the applicable Rules of Court.
(2) Without limiting the grounds on which further time may be allowed under subparagraph (1)(a)(ii), further time may, in the interests of justice, be allowed on the ground that:
(a) the SSAT made an oral statement as to the reasons for the decision under paragraph 103X(3)(a); and
(b) the SSAT later gave a written statement of reasons for the decision under paragraph 103X(3)(b) or subsection 103X(5); and
(c) the written statement contains reasons that were not mentioned in the oral statement.
110D Parties to appeals
The parties to a proceeding under this Subdivision are the people who were the parties to the proceeding before the SSAT when the SSAT made the relevant decision.
110E Constitution of courts
The jurisdiction of a court to hear and determine appeals instituted in that court in accordance with this Subdivision may be exercised by the court constituted:
(a) as a Full Court; or
(b) by a single Judge.
110F Powers of courts
(1) The court must hear and determine an appeal under this Subdivision and may make such order as it thinks appropriate by reason of its decision.
(2) Without limiting subsection (1), the orders that may be made by the court on an appeal include:
(a) an order affirming or setting aside the decision of the SSAT; or
(b) an order remitting the case to be heard and decided again, either with or without the hearing of further evidence, by the SSAT in accordance with the directions of the court.
Constitution of SSAT if courts remit cases etc.
(3) If the court makes an order remitting a case to be heard and decided again by the SSAT:
(a) the SSAT need not be constituted for the hearing by the person or persons who made the decision to which the appeal relates; and
(b) whether or not the SSAT is reconstituted for the hearing - the SSAT may, for the purposes of the proceeding, have regard to any record of the proceeding before the SSAT prior to the appeal (including a record of any evidence taken in the proceeding), so long as doing so is not inconsistent with the directions of the court.
110G Courts may make findings of fact
(1) If a party to a proceeding before the SSAT appeals to a court under this Subdivision, the court may make findings of fact if:
(a) the findings of fact are not inconsistent with findings of fact made by the SSAT (other than findings made by the SSAT as the result of an error of law); and
(b) it appears to the court that it is convenient for the court to make the findings of fact, having regard to:
(i) the extent (if any) to which it is necessary for facts to be found; and
(ii) the means by which those facts might be established; and
(iii) the expeditious and efficient resolution of the whole of the matter to which the proceeding before the SSAT relates; and
(iv) the relative expense to the parties of the court, rather than the SSAT, in making the findings of fact; and
(v) the relative delay to the parties of the court, rather than the SSAT, in making the findings of fact; and
(vi) whether any of the parties considers that it is appropriate for the court, rather than the SSAT, to make the findings of fact; and
(vii) such other matters (if any) as the court considers relevant.
(2) For the purposes of making findings of fact under subsection (1), the court may:
(a) have regard to the evidence given in the proceeding before the SSAT; and
(b) receive further evidence.
(3) Subsection (1) does not limit the court's power under paragraph 110F(2)(b) to make an order remitting the case to be heard and decided again by the SSAT.
Subdivision C - References of questions of law from SSAT
110H Reference of questions of law to courts
(1) The SSAT may:
(a) of its own initiative; or
(b) at the request of a party;
refer a question of law arising in a proceeding before the SSAT under Part VIIA to a court having jurisdiction under this Act for decision.
(2) A question must not be so referred without the agreement of the SSAT Executive Director.
(3) If a question of law arising in any proceeding has been referred to a court under this Subdivision, the SSAT must not, in that proceeding:
(a) give a decision to which the question is relevant while the reference is pending; or
(b) proceed in a manner, or make a decision, that is inconsistent with the opinion of the court on the question.
110J Questions to be determined by Full Courts
The jurisdiction of a court to hear and determine a question of law under this Subdivision must be exercised by the court constituted:
(a) as a Full Court; or
(b) by a single Judge.
Subdivision D - Other provisions
110K Sending of documents to, and disclosure of documents by, the court
When an appeal is instituted in a court, or a question of law is referred to a court, under this Division:
(a) the SSAT Executive Director must cause to be sent to the court all documents that were before the SSAT in relation to the proceeding to which the appeal or reference relates; and
(b) at the conclusion of the proceeding before the court in relation to the appeal or reference, the court must cause the documents to be returned to the SSAT.