Administrative Review Tribunal

The Administrative Review Tribunal, or ART, is the external review body for child support decisions after the internal objection stage. If Services Australia has made an objection decision and you still say it is wrong, the ART can step in and reconsider it independently.

How the ART fits into child support review

For most child support disputes, the first review step is an objection to Services Australia. That is an internal reconsideration by a different officer. If you are still dissatisfied after the objection decision, the next review step may be an application to the ART.

The ART is separate from Services Australia. It does not simply check whether the original officer followed process. It reviews the merits of the decision. That means it takes a fresh look at the facts, the law and the policy material relevant to the decision under review.

For parents, this usually means a more formal stage. You may need to set out clearly what decision you want reviewed, why you say it was wrong, and provide documents or other material that support your case.

What decisions the ART can review

The ART can review many child support objection decisions made by the Registrar. It can also review some related decisions, such as a refusal to allow extra time to lodge an objection. In some limited situations, it can undertake a second review of particular child support decisions, especially around care percentage matters.

Not every disagreement goes straight to the ART. Usually there must first be an objection decision. That is why the objection process is the normal gateway to external merits review.

Applying to the ART

A person can apply to the ART in writing. This can be done electronically, on a paper form, or by letter. The application must identify the decision being reviewed and explain why review is sought.

For many child support matters, there is a time limit. A parent usually has 28 days from receiving notice of the reviewable decision to apply. For parents living overseas in a reciprocating jurisdiction, the period is usually 90 days. If the application is late, the person can ask for an extension of time.

What the ART does after you apply

The ART reviews the decision independently and can look at the material before the Registrar together with further relevant information. The Registrar must give the ART a written statement of reasons and relevant documents after being notified of the review application.

The review process may involve directions, requests for information, conferences, or a hearing. Hearings can be held in person, by video, by telephone, or in a mixed format. This is one reason an ART review is more demanding for parents than an internal objection.

The parties will generally include the applicant, the Registrar, and the other parent affected by the decision. In some cases, a non-parent carer may also be a party.

What the ART can decide

After reviewing the matter, the ART can affirm the decision, vary it, set it aside and substitute a new decision, or send the matter back to the Registrar for reconsideration with orders or recommendations.

This is different from internal review. The ART is able to change the outcome if the facts and law support a different result.

What happens to the assessment during ART review

Applying to the ART does not usually stop the objection decision from operating. The decision under review generally continues to have effect until the ART makes its decision.

Parents sometimes expect the assessment to pause once a review is lodged. That is not how the system works. In some situations, a stay order may be sought through the court, but that is a separate step and not part of a standard ART application.