Commonwealth Consolidated Acts

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CHILD SUPPORT (ASSESSMENT) ACT 1989 - SECT 33

Notice to be given to unsuccessful applicant

             (1)  If the Registrar refuses to accept an application for administrative assessment of child support for a child, the Registrar must immediately notify the applicant in writing.

Refusals on grounds that Registrar not satisfied that person a parent

             (2)  Subsection (3) applies if:

                     (a)  the application was a carer application or a liable parent application; and

                     (b)  one of the reasons for the Registrar refusing to accept the application was that the Registrar was not satisfied under section 29 that:

                              (i)  in the case of a carer application--the person from whom the application sought payment of child support is a parent of the child; and

                             (ii)  in the case of a liable parent application--the applicant is a parent of the child.

             (3)  The notice must include, or be accompanied by:

                     (a)  a statement of the reason referred to in paragraph (2)(b); and

                     (b)  a statement to the effect that the applicant may apply to a court having jurisdiction under this Act for:

                              (i)  in the case of a carer application--a declaration under section 106A that the applicant is entitled to administrative assessment of child support for a child because the person from whom the application sought payment of child support is a parent of the child; and

                             (ii)  in the case of a liable parent application--a declaration under section 106B that the applicant is entitled to administrative assessment of child support because the applicant is a parent of the child.

Refusals on other grounds

             (4)  If subsection (3) does not apply, the notice must include, or be accompanied by, a statement to the effect that:

                     (a)  the applicant may, subject to the Registration and Collection Act, object to the decision (the original decision ); and

                     (b)  the applicant may, if aggrieved by a later decision on an objection to the original decision (no matter who lodges the objection), subject to that Act, apply to the SSAT for review of the later decision.

Validity of decisions

             (5)  A contravention of subsection (3) or (4) in relation to a decision does not affect the validity of the decision.



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