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SSAT decision - how do you prove it when you can't show the decision

SSAT, CSA and the merry-go-round of uncertainty

Mr Brown, goes to SSAT. The decision goes well however as part of the decision school fees remain being collected for year A, as half this year had already been collected and passed on and paid via child support to the former Mrs Brown.

These remaining funds are paid to Mrs Brown and there is no longer a debt, and going forward school fees are collected directly through the school.

School fees being direct, Mr Brown is now the lucky recipient of a few pennies a week (if he ever sees it)

No issue- all fine. Right decision was made.

Mrs Brown then takes the funds paid to her, for Mr Brown's share of school fees.

Mrs Brown, claims them as her own and advises Mr Brown remains liable for the remaining half school fees. Note, we are not talking about a few hundred dollars here. In effect, Mr Brown has to pay for all of the school fees and Mrs Brown is not capable of telling the truth.

The school unfortunately, falls for the crocodile tears and says, Mr Brown you now have to pay for the outstanding school fees.

SSAT privacy position means the decision cannot be shown to anyone. This would solve the problem, however cannot occur (although Mr Brown has written to SSAT and is awaiting a decision)

The CSA says, we can't enforce the position. They collected the funds, they passed them on, but they can't do anything. Go figure.

Does anyone have any suggestions.

The case was won, the 2 previous CSA decisions were all thrown out with the exception of keeping school fees in for 2014. This was duly paid, and now it appears Mr Brown will have to pay again.



 
SSAT privacy position means the decision cannot be shown to anyone. This would solve the problem, however cannot occur (although Mr Brown has written to SSAT and is awaiting a decision) said


I believe that the limitation is only in regard to publishing the decision and then I believe only identifying information (Section 110X-1-b). As such I believe you have every right to inform the school of the decision and in doing so by quoting the relevant section/paragraphs of the decision; obviously informing the School about their legal responsibility to adhere to Section 110X of the Child Support registration and Collection Act.

The relevant legislation is the Child Support (Registration and Collection) Act 1988, the relevant section is Section 110X:-

Child Support (Registration and Collection) Act 1988 - Section 110X said

110X  Restrictions on publication of review proceedings

Offence of publishing identifying accounts

             (1)  A person commits an offence if:

                     (a)  the person:

                              (i)  publishes in a newspaper or periodical publication, by radio broadcast or television or by other electronic means; or

                             (ii)  otherwise disseminates to the public or to a section of the public by any means;

                            any account of any designated review proceedings; and

                     (b)  the account identifies:

                              (i)  a party to the proceedings (other than the Registrar); or

                             (ii)  a person (other than the Registrar) who is related to, or associated with, a party to the proceedings or is, or is alleged to be, in any other way concerned in the matter to which the proceedings relate; or

                            (iii)  a witness in the proceedings.

Penalty:  Imprisonment for 12 months.

             (2)  Without limiting the generality of subsection (1), an account of proceedings, or of any part of proceedings, referred to in that subsection is taken to identify a person if:

                     (a)  it contains any particulars of:

                              (i)  the name, title, pseudonym or alias of the person; or

                             (ii)  the address of any premises at which the person resides or works, or the locality in which any such premises are situated; or

                            (iii)  the physical description or the style of dress of the person; or

                            (iv)  any employment or occupation engaged in, profession practised or calling pursued, by the person or any official or honorary position held by the person; or

                             (v)  the relationship of the person to identified relatives of the person or the association of the person with identified friends or identified business, official or professional acquaintances of the person; or

                            (vi)  the recreational interests, or the political, philosophical or religious beliefs or interests, of the person; or

                           (vii)  any real or personal property in which the person has an interest or with which the person is otherwise associated;

                            and the particulars are sufficient to identify that person to a member of the public, or to a member of the section of the public to which the account is disseminated, as the case requires; or

                     (b)  in the case of a written or televised account or an account by other electronic means—it is accompanied by a picture of the person; or

                     ©  in the case of a broadcast or televised account or an account by other electronic means—it is spoken in whole or in part by the person and the person’s voice is sufficient to identify that person to a member of the public, or to a member of the section of the public to which the account is disseminated, as the case requires.

Offence of publishing identifying lists

             (3)  A person commits an offence if:

                     (a)  the person:

                              (i)  publishes in a newspaper or periodical publication, by radio broadcast or television or by other electronic means; or

                             (ii)  otherwise disseminates to the public or to a section of the public by any means (otherwise than by the display of a notice in the premises of the AAT);

                            a list of designated review proceedings; and

                     (b)  the proceedings are identified by reference to the names of the parties to the proceedings (other than by reference to the Registrar).

Penalty:  Imprisonment for 12 months.

Defence

             (4)  Subsections (1) and (3) do not apply to, or in relation to:

                     (a)  the communication, to persons concerned in proceedings in any court, of any pleading, transcript of evidence or other document for use in connection with those proceedings; or

                     (b)  the communication of any pleading, transcript of evidence or other document to:

                              (i)  a body that is responsible for disciplining members of the legal profession in a State or Territory; or

                             (ii)  persons concerned in disciplinary proceedings, against a member of the legal profession of a State or Territory, before a body that is responsible for disciplining members of the legal profession in that State or Territory; or

                     ©  the communication, to a body that grants assistance by way of legal aid, of any pleading, transcript of evidence or other document for the purpose of facilitating the making of a decision as to whether assistance by way of legal aid should be granted, continued or provided in a particular case; or

                     (d)  the publishing of a notice or report in accordance with the direction of a court; or

                     (e)  the publication by the AAT of lists of designated review proceedings, identified by reference to the names of the parties, that are to be dealt with by the AAT; or

                      (f)  the publishing of any publication intended primarily for use by the members of any profession, being:

                              (i)  a separate volume or part of a series of law reports; or

                             (ii)  any other publication of a technical character; or

                     (g)  the publication or other dissemination of an account of proceedings or of any part of proceedings:

                              (i)  to a person who is a member of a profession, in connection with the practice by that person of that profession or in the course of any form of professional training in which that person is involved; or

                             (ii)  to an individual who is a party to any proceedings under this Act, in connection with the conduct of those proceedings; or

                            (iii)  to a person who is a student, in connection with the studies of that person; or

                     (h)  the publication of accounts of proceedings, where those accounts have been approved by the court.

Note:          A defendant bears an evidential burden in relation to the matters in subsection (4) (see subsection 13.3(3) of the Criminal Code).

Criminal procedure

             (5)  An offence against subsection (1) or (3) is an indictable offence.

             (6)  Proceedings for an offence against subsection (1) or (3) must not be commenced except by, or with the written consent of, the Director of Public Prosecutions.

Definitions

             (7)  In this section:

court includes:

                     (a)  an officer of a court investigating or dealing with a matter in accordance with:

                              (i)  the Assessment Act; or

                             (ii)  this Act; or

                            (iii)  regulations made under the Assessment Act or this Act; or

                            (iv)  any Rules of Court; and

                     (b)  a tribunal established by or under a law of the Commonwealth or of a State or a Territory.

designated review proceedings means proceedings:

                     (a)  in the AAT for AAT first review or AAT second review; or

                     (b)  in a court under Part IVA of the AAT Act in relation to such a review.

electronic means includes:

                     (a)  in the form of data, text or images by means of guided or unguided electromagnetic energy; or

                     (b)  in the form of speech by means of guided or unguided electromagnetic energy, if the speech is processed at its destination by an automated voice recognition system.



Sounds like problem solved. :)

I beleive, if you wanted to, you could post the entire decision here if all the respective identifying information were concealed.
Dev_MikeT said
Sounds like problem solved. :)I beleive, if you wanted to, you could post the entire decision here if all the respective identifying information were concealed.

I agree Dev_MikeT. Even more than that there is no reason, as the  decision is specific to school fees, that the determination should not be going to the school in its entirety as it affects the school collection process.

The tricky situation here, is the school is getting involved in a very gray area that they would prefer not to. The fact is that half of the school fees have not been paid that should have been paid using the contributions made to the mother.

What you could look at doing is arranging for the CSP to accept this payment being made to the school as future child support prepayment as a 'Prescribed' payment if you qualify and if there is likely to be a future liability. If Mrs Brown is still unreceptive to paying the component required to the school you may need to go back through CSP and then AAT again to get another decision. The system is cumbersome and highly ineffectual where parties do not agree.

 

Executive Secretary - Shared Parenting Council of Australia
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