The Law Handbook 2024

272 Section 4: Relationships, families and young people assessment (s 150E Assessment Act) for six months. Services Australia will amend the administrative assessment depending on when they are notified/ become aware of the change in care arrangements. Post-separation costs Following separation and in some circumstances, either parent may apply to Services Australia to exclude additional income earned to meet post- separation costs. To apply, the requirements in section 44 of the Assessment Act must be met. Administrative review: Change of assessment in special circumstances Either parent may apply to Services Australia for an assessment to be changed (s 98B Assessment Act). Services Australia may also initiate a change of assessment (s 98K Assessment Act). A change of assessment may not go back in time (more than 18 months and less than seven years from the date of lodgement), except with the court’s permission (see ‘Application to court’, below). An application for a change of assessment should be lodged as soon as possible as time limits may apply. You can’t apply for a change of assessment if your case has ended. To apply to change an assessment, you must show that one of the reasons below apply, that there are special circumstances, and that it is just, equitable and proper to change the assessment (s 117(1) Assessment Act). The reasons to apply for a change include: • the costs of helping the parent spend time or communicate with the child; • the special needs of the child; • costs of the child being cared for, educated or trained in the manner the parents intended; • income, earning capacity, property or financial resources of the child; • money, goods or property received by the child, payee or other person for the benefit of the child; • high childcare costs; • either parents’ necessary expenses for supporting themselves; • income, earning capacity, property or financial resources of either parent; • legal duty to maintain another person or other child; and • additional income earned for the benefit of a resident child (see section 117(10) of the Assessment Act for the definition of ‘resident child’). To apply for a change of assessment, fill in the CS1970 form at www.servicesaustralia.gov.au/ individuals/forms/cs1970. Administrative review: Child Support Regulations A paying parent can apply for an administrative review under Regulation 11 of the Child Support (Assessment) Regulations 2018 (Cth) if, due to exceptional circumstances, they were unable to provide information about their adjusted taxable income at the correct time but did so within a reasonable time frame in light of the exceptional circumstances. Objection An objection may only be lodged against some decisions made by Services Australia (including some change of assessment decisions). These decisions are listed in section 80 of the Collection Act. An objection must be made within 28 days of receiving the notice from Services Australia or longer by seeking an extension of time (ss 81, 82 Assessment Act). The other parent is provided with a copy of the objection together with any attached documents. They may respond by opposing or agreeing to it. Services Australia will make a decision on the objection in writing usually within 60 days. Application to AAT The Administrative Appeals Tribunal ( AAT ) (the Social Services and Child Support Division) can review certain objection decisions made by Services Australia (s 89 Collection Act). An application may be made to the AAT within 28 days of receiving the letter or notice of objection decision (or longer, by seeking an extension of time). For the AAT’s contact details, see ‘Contacts’ at the end of this chapter. It is strongly advised that you get a lawyer to help you apply to the AAT because if your application is incorrect, it may be dismissed. Application to court An application to court can be made in the following circumstances: