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.
Key takeaways for parents
Parents should be aware that an ART review is available if you are dissatisfied with the outcome of an internal Services Australia review. The process is more administratively burdensome and should not normally be entered into lightly.
- An ART review provides an independent reconsideration after the internal objection process has been completed; and
- The hearing format may involve questioning and generally requires greater preparation and documentation from the parent.
The evidence burden is not fundamentally different from an internal review, and legal representation is not normally required. Legal assistance may be worthwhile where large sums of money are involved.
Administrative Review Tribunal definition
The ART is an independent statutory body set up to review the merits of administrative decisions made by certain Commonwealth agencies. The ART commenced on 14 October 2024 and replaced the former AAT.
A person who is aggrieved by an objection decision made by the Registrar may apply to the ART for a review of the decision.
Definition source: Guides to Social Policy Law, Child Support Guide, Administrative Review Tribunal (ART).
Child support review pathway
For most child support disputes, the first review step is an objection to Services Australia. The objection 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. The tribunal does not simply check whether the original officer followed process. An ART review examines the merits of the decision by taking a fresh look at the facts, the law and the policy material relevant to the decision under review.
For parents, an ART application 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.
Decisions the ART can review
The ART can review many child support objection decisions made by the Registrar. The tribunal 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. The objection requirement makes the internal process the normal gateway to external merits review.
How to apply to the ART
A person can apply to the ART in writing. Applications can be lodged 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 happens 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. The added procedural steps make an ART review 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.
Possible ART outcomes
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.
Unlike internal review, the ART can change the outcome if the facts and law support a different result.
Assessment during an 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. An ART application does not pause the assessment. 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.