Objections and Reviews

An objection is the first step if you believe a child support decision is wrong. It triggers an internal review by Services Australia, where a different officer reassesses the decision using the available information, including any new evidence you provide.

If you remain dissatisfied, you can escalate to an external review through the ART. Any further appeal to a court is limited to legal error rather than re-deciding the case.

Note: A Change of Assessment application may be more appropriate where the issue is not an error, but unusual circumstances that require special consideration. Further note: If your concern is about how your case has been handled, rather than the decision itself, you can complain to the Commonwealth Ombudsman.

Role in the system

Objections and reviews provide a pathway to challenge decisions made under the child support legislation. The process begins with an objection, which is handled internally by Services Australia. A different officer reassesses the original decision based on the available information and any additional evidence you provide.

If the objection outcome is still unsatisfactory, the next step is to apply for an external merits review by the Administrative Review Tribunal (ART). The ART can reconsider the facts, apply the law again, and make a fresh decision. This stage is more formal and usually involves providing detailed financial and case information.

Beyond the ART, further appeal is available through the courts. The court does not reconsider the merits of the case. It examines whether there has been an error of law and can affirm, overturn, or send the matter back for reconsideration.

Example

A parent receives a child support assessment that uses an income figure they believe is incorrect. They lodge an objection and provide updated income details. Services Australia reviews the decision and issues a new outcome. If the parent still believes the result is wrong, they can apply to the ART, which may request fuller financial information from both parents before making its own decision.

How to challenge a decision

An objection is usually the first and simplest step. It is low cost and focused on correcting errors within the existing framework. Providing clear evidence at this stage is important for a quick and appropriate resolution.

If you proceed to the ART, expect a more involved process. The review is broader and more detailed, and the tribunal will typically request financial information from both parents.

Court action is a last step and is confined to legal issues rather than disagreements about facts or fairness.

How to object to a child support assessment: Objection form

Change of Assessment application

Objections and reviews deal with whether a decision was correct based on the available information. A Change of Assessment (COA) application is different. It is used when there are additional factors or special circumstances. Applying for a COA should be considered if there are unusual factors in your case that may want a variation from the standard, formula-based assessment.

Complaints to the Commonwealth Ombudsman

You can complain to the Commonwealth Ombudsman if you are unhappy with how Services Australia has handled your case. This is not a review of your child support decision. It is a complaint about administration, such as delays, poor communication, or failure to follow proper process.

The Ombudsman is independent and free to use. They can consider your complaint, contact Services Australia, and suggest a better way of handling the issue. They will respond to you and explain what they decide, but they do not act as your representative and do not give legal advice.

You should first try to resolve the issue with Services Australia. The Ombudsman cannot change your child support assessment or direct Services Australia to change a decision. If you want the decision itself reviewed, you must use the objection process and, if needed, seek review through the ART.

Where to complain about Services Australia: Commonwealth Ombudsman