Donate Child Support Calculator
Skip navigation

SSAT Toothless or Not?

Are they effective when dealing with the CSA?

Hi everyone!

I just wanted to add this topic for your information, interest and comment.

I recently had a phone hearing with SSAT over a CSA disagreement.
The CSA issue was that they say I owed them $224.00 because I was late by 5 days in advising them of my income estimation by the 1st of December last year.  Not a lot of money I know, but just read on because the case shows just how we cannot get any justice even if they admit they are wrong.

Anyway I asked that the CSA review the decision, because they stated they sent me a letter in early November requesting the information.  I never received the letter, but on the 5th of December I did and phoned immediately. 
They did the review and found that they acted within the boundaries of the legislation; the reviewer also stated in her letter that the department actually sent the letter to another place in the same street I live in on a number of occasions and it was returned and that because of that mistake I was unable to be informed of the request and not able to give an estimate in a timely fashion.

So, I phoned the woman who did the review and she said she couldn't do anymore and gave me the number for SSAT.
I phoned them and asked if they thought they could help and I explained that my problem is about legislation. 
The woman I spoke to said that they might be able to have some effect if the CSA did not act according to the legislation. 
So I went through the process which ended up being a complete waste of time, because I received the exact same finding - That the CSA acted according to the legislation.

This legislation apparently states that even if the CSA admits liability that it caused a problem, they are forbidden to rectify the mistake.  Well, that is what I was told by these people from the CSA, whether that is true or not I don't know.
Either way they are still taking the money out every fortnight from my pension until they make up the 224 dollars.

So, although we are not talking sheep stations here, the fact is they will not do a thing to rectify any mistake they make whether they admit fault or not, because the legislation apparently says they don't have to.

Maybe one of you learned gentlemen might be able to enlighten me on this subject?

Thanks!

It riles them to believe that you perceive the web they weave!
We will bring this to the attention of the "Policy" unit and see what answers we might get. A good point to raise.  :o  

Executive Secretary - Shared Parenting Council of Australia
 Was my post helpful? If so, please let others know about the FamilyLawWebGuide whenever you see the opportunity
 

Correcting C$ Mistakes

The Child Support Acts are both written in such a way that the Registrar of Child Support does not have to do anything unless specifically directed to by a Court having Jurisdiction under the Act. The Acts are also littered with notations that a failure to notify within the prescribed time is deemed to be a refusal by the Registrar to make a decision or is deemed as negative decision (from the perspective of the client).

One of the other traps when considering the review process is that the SSAT makes it decision based C$A's "The Guide", which of course was written by the C$A. This is further compounded by the Acts which state that any Child Support appeal is between the "clients" or party's. I don't know what this means in relation to the SSAT, but certainly in Court, it means that dispute is betwen the parties alone, with the C$ Registrar being entitled to intervene if he or she chooses to do so.

In the case of an incorrectly recorded/entered address, I suspect that the Administrative Appeals Tribunal may be the more appropriate forum. In the Laws covering Government Administration there are sections stating that information must be recordered accurately and that a proven error must be rectified. That would come under the jurisdiction of the AAT rather than the SSAT.


For me - Shared Parenting is a Reality - Maybe it can be for you too!
Thanks for that Oneadadc!

What annoys me the most is that I was lead to believe that SSAT would be of help, when in fact they are of no use what so ever with regard the CSA.

If it was over a lot of money, then I would definitely go further with it.  I just don't know if me chasing a couple of hundred dollars through the AAT would be worth all the hassle and not to mention the money I will spend in fuel costs and preparing paper work etc.  It would probably cost me more than the amount in question.

I really wanted to put this info into the discussion so that people are aware of the fact that SSAT are of no use when it comes to these points of argument with the CSA.

Thanks again for the information, you have gone to the trouble of putting together for me as well.  I do appreciate it.
I didn't know any of that before, but it came as no surprise at all.

Cheers!

It riles them to believe that you perceive the web they weave!
1 guest and 0 members have just viewed this.

Recent Tweets