Decisions against which objections may be lodged—general
80 Decisions against which objections may be lodged—general
A person may lodge with the Registrar an objection in writing to a decision of the Registrar if:
the decision is set out in an item of the following table; and
the person is set out in that item.
Decisions/objectors | ||
|---|---|---|
Item | Decision | Who may object |
1 | to register a registrable maintenance liability | (a) the payer of the registrable maintenance liability; or (b) the payee of the registrable maintenance liability |
2 | as to particulars entered in the Child Support Register in relation to a registrable maintenance liability | (a) the payer of the registrable maintenance liability; or (b) the payee of the registrable maintenance liability |
3 | as to particulars varied in the Child Support Register in relation to a registrable maintenance liability | (a) the payer of the registrable maintenance liability; or (b) the payee of the registrable maintenance liability |
4 | to delete an entry from the Child Support Register in relation to a registrable maintenance liability | (a) the payer of the registrable maintenance liability; or (b) the payee of the registrable maintenance liability |
5 | to credit, under section 71, 71A or 71C of this Act, an amount received by the payee of a registrable maintenance liability or carer liability, or a third party, against the amount payable under the liability | the payee of the registrable maintenance liability or carer liability |
6 | to make an appealable refusal decision in relation to a registrable maintenance liability or carer liability | (a) the payer of the registrable maintenance liability or carer liability; or (b) the payee of the registrable maintenance liability or carer liability |
7 | to make an appealable collection refusal decision in relation to a registrable maintenance liability or carer liability | the payee of the registrable maintenance liability or carer liability |
8 | in relation to the remission of a penalty under subsection 54(1) or (2) or section 68 of this Act | the person by whom the penalty is payable |
9 | to accept an application for administrative assessment of child support for a child under subsection 30(1) of the Assessment Act | a parent who is to be assessed in respect of the costs of the child |
10 | to refuse to accept an application for administrative assessment under subsection 30(2) of the Assessment Act | the applicant |
11 | as to the particulars of an administrative assessment | (a) the carer entitled to child support; or (b) the liable parent |
11A | to refuse under subsection 63AD(1) of the Assessment Act to accept an election made by a parent under subsection 63AC(1) of that Act | the parent |
11B | to make a determination in relation to a parent under subsection 63AE(1) of the Assessment Act | the parent |
12 | in relation to the remission of a penalty under section 64AH of the Assessment Act | the person by whom the penalty is payable |
13 | to terminate a child support agreement under paragraph 80G(1)(d) or (e) of the Assessment Act | a party to the agreement |
14 | to accept or to refuse to accept an agreement in relation to a child under section 92 or 98U of the Assessment Act | a party to the agreement |
14A | as to the particulars of a notional assessment | (a) the carer entitled to child support; or (b) the liable parent |
15 | to make or to refuse to make a determination under Part 6A of the Assessment Act | (a) the carer entitled to child support; or (b) the liable parent |
Objections to particulars in the Child Support Register
An objection to a decision of the Registrar as to particulars entered in the Child Support Register in relation to a registrable maintenance liability may be lodged:
on the ground that the relevant entry does not relate to a registrable maintenance liability; or
on any other ground.
An objection to a decision of the Registrar as to particulars varied in the Child Support Register in relation to a registrable maintenance liability may only be made against:
the particulars varied; and
any other particulars affected by the variation.
Objections to administrative assessments—parentage
An objection to a decision of the Registrar to accept an application for administrative assessment under subsection 30(1) of the Assessment Act may not be lodged on the ground that the person is not a parent of the child concerned.
In that case, a person may be able to apply to a court under section 107 of the Assessment Act for a declaration that a person should not be assessed in respect of the costs of the child because the person is not a parent of the child.
An objection to a decision of the Registrar to refuse to accept an application for administrative assessment may not be lodged if one of the reasons for the Registrar so refusing was that the Registrar was not satisfied under section 29 that a person who was to be assessed in respect of the costs of a child is a parent of the child concerned.
In that case, an application may be made to a court under section 106A of the Assessment Act for a declaration that a person should be assessed in respect of the costs of the child because the person is a parent of the child.
Section does not apply to care percentage decisions
This section does not apply to a decision that is a care percentage decision.
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