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Child Support Act 1991

Exemptions - Determinations in relation to exemptions for hospital patients, persons suffering from long-term periods of illness, prisoners, and persons under 16 years

89S: Procedure for dealing with application

You could also call this:

“How the government handles your request for an exemption from child support”

When you apply for an exemption under this part of the law, the Commissioner will make a decision. They can use the information you provide in your application, any reply from the other person involved, and any other information they have. They can look into the matter more if they want to, but they don’t have to.

You and the other person have the right to talk to the Commissioner if you want to. However, the Commissioner can’t make you talk to them if the other person is there. Also, if the Commissioner decides not to make a decision under certain sections of the law, you don’t get to talk to them.

If the other person doesn’t reply to your application, or doesn’t reply in time, the Commissioner might not listen to what they have to say.

When the Commissioner is looking into your application, they can do it in any way they think is best. They don’t have to follow strict rules about what information they can use.

Lastly, there’s a part of the law that usually lets other people get involved in legal matters, but that doesn’t apply to these kinds of applications.

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Topics:
Family and relationships > Children and parenting
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89R: Other party to be notified, or

"The Commissioner tells the other person about the application and lets them respond"

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89T: Circumstances in which representation or assistance at hearing may be approved, or

"When someone can speak for you or help you at a child support hearing"

Part 5A Exemptions
Determinations in relation to exemptions for hospital patients, persons suffering from long-term periods of illness, prisoners, and persons under 16 years

89SProcedure for dealing with application

  1. In making a decision under this subpart in relation to an application, the Commissioner—

  2. may act on the basis of the application and the reply (if any) and any other information in the Commissioner's possession; and
    1. may, but (subject to subsection (2)) is not required to, conduct any enquiries or investigations into the matter.

      1. The Commissioner must give an opportunity to the applicant and the other party to the application to be heard by the Commissioner if they so wish.

      2. Nothing in subsection (2)—

      3. empowers the Commissioner to compel a party to an application to appear before the Commissioner in the presence of the other party; or
        1. applies if the Commissioner refuses to make a determination under section 89P, 89Q, or 89U.

          1. Despite subsection (2), if the other party to the application fails to file a reply or does not file a reply within the prescribed time, the Commissioner may refuse to hear that party.

          2. Any hearing before the Commissioner, and any enquiry or investigation carried out by the Commissioner, is to be carried out as the Commissioner thinks fit and the Commissioner is not bound by any rules of evidence.

          3. Nothing in section 125 (which relates to intervention in proceedings) applies to proceedings under this subpart.

          Notes
          • Section 89S: inserted, on , by section 17(1) of the Child Support Amendment Act 2006 (2006 No 42).
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