Actions in Respect of Child Support

Nature of action Time Limit Period Legislation Provision
Lodging an objection against a decision of the Child Support Agency made under the Child Support (Assessment) Act 1989 (Cth) or Child Support (Registration and Collection) Act 1988 (Cth) 28 days after the decision first comes to the person’s notice (for an appealable collection refusal decision) OR 28 days after a notice of the decision is served on the person (for a decision other than an appealable collection refusal decision or a care percentage decision).

(90 days if the parent lives overseas in a reciprocating jurisdiction).

 s 81 Child Support (Registration and Collection) Act 1988 (Cth) Objection results in an internal review of decision.

See s 80 for list of decisions against which objection may be lodged. Includes a decision to:

·         accept/refuse an application for assessment

·         accept/refuse a Child Support Agreement

May apply for extension of time (s 82).
Application to AAT for review of a Registrar’s decision on items in s 89 of Child Support (Registration and Collection) Act 1988 (Cth) 28 days starting on the day notice of the decision was given/served on the person.

(90 days if the parent lives overseas in a reciprocating jurisdiction).

 s 90 Child Support (Registration and Collection) Act 1988 (Cth) May apply to AAT for extension of time (s 91).
Application to court for declaration that:

·         a person should be assessed because the person is a parent of the child – s 106A(2) Child Support (Assessment) Act 1989 (Cth).

·         a person should not be assessed because the person is not a parent of the child – s 107(1) Child Support (Assessment) Act 1989 (Cth).

 56 days after being served with notice of Child Support Agency’s decision on assessment r 4.20 Family Law Rules 2004 (Cth)

ss 106A(3) and 107(2) the Child Support (Assessment) Act 1989 (Cth)

 Application can be made to any court with family law jurisdiction.

A person may apply for a time extension by filing an Initiating Application (Family Law) or an Application in a Case and an affidavit: r 1.14 and 5.01 Family Law Rules 2004 (Cth).
Appeal to court from AAT on questions of law regarding child support. Within 28 days of publication of AAT’s statement of reasons. s 44AAA and s 44(2A) Administrative Appeals Tribunal Act 1975 (Cth)