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CSA allows "Out of time" Objections

Secretary SPCA said
In relation to the comment from BigRed about SSAT overturn rates. Did you know BR that a significant number relate to out of time objections. From memory it was above 30% near 40% I recall. (Don't quote me but).. I will see if I can get some more stats on what the core issues are.
I support BigRed's idea.

I did know that a high percentage of SSAT overturns are about out of time objections.

There have also been many court cases.

However, they are all about refusal to grant an extension.

My specific issue is granting an extension having determined that there was no valid reason for the delay in lodging the objection.

That cannot be taken to the SSAT, and I cannot find even one relevant court case.

Every court case and SSAT decision about refusal to grant an extension seems to make it very clear that an extension should not have been granted without a valid reason for the delay.



I lodged what I thought was an out of time objection deliberately in order to get a short cut to the SSAT.  They accepted it.  So I lodged a further objection on a different point trying to achieve the same objective of a short cut to SSAT and they called it additional information on the previous objection.  Me thinks CSA is a bit gun shy.    
Bigred said
  Me thinks CSA is a bit gun shy.
 
I think so, in fact they as good as told me so.

Are you saying you gave no reason, or at least no valid reason, for not lodging the objection on time?



On the first one they cited an allowance for delays in the mail.  On the second they offered "good customer service" even though I offered that I knew it was out of time and was almost begging they rule it out of time.  I offered no reason at all and was actively pointing out I was out of time.  

They did also point out they that they will take their full 60 days to decide if an objection is out of time anyway.
Bigred said
On the first one they cited an allowance for delays in the mail.  On the second they offered "good customer service" even though I offered that I knew it was out of time and was almost begging they rule it out of time.  I offered no reason at all and was actively pointing out I was out of time.

They did also point out they that they will take their full 60 days to decide if an objection is out of time anyway.
 
SecretarySPCA

This is exactly what I am talking about!

The time limit to lodge extensions is set by legislation so that both payer and payee can rely on a decision after a set period of time.

That is not being adhered to.

Not enforcing the requirement for a reason to be established for late lodgment of objections opens the door for objections that could have been lodged on time to be lodged whenever the objector pleases.

Bigred has his reasons for wanting to go straight to the SSAT, but I have suffered serious health detriment as a direct result of harassment in that way, and I want it fixed.

Is there anything more we can do about this?

The guide does say that an extension will not automatically be given even when there is a valid reason, but it makes mo mention of what will happen when no valid reason is established.

My request - lobby for a single sentence in The Guide saying that an application for an extension of time to lodge an objection requires that a valid reason be given for the delay, and the other factors which are taken into account will not be considered until a valid reason for the delay has been established.  Then ask for a commitment that they stick to it.

That is the clear intent of the law, yet it is not even mentioned in the guide, never mind adhered to.



I will take this back as an "Emerging Issue"… to FaCSIA and see what they have to say. Sheeez you guys are working us ragged … O_o I think we need some full time resources. Anyone want to volunteer some time to manage the issues registers. I can get the issues to Canberra but we need to be following these up on a monthly basis lest they fall between the cracks.

Executive Secretary - Shared Parenting Council of Australia
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