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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

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

You could also call this:

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

The Commissioner can approve someone to represent you at a hearing in certain situations. This can happen if you’re the person who needs to pay child support, if you’re part of the government, if you’re young or have a disability, or if you have a good reason why you can’t come to the hearing or explain your case well.

If you’re not in one of these groups, you can only have someone represent you if the Commissioner thinks it’s okay and approves the person.

The person who represents you must know a lot about your case and be able to make decisions for you. The Commissioner has to be sure about this before approving them.

Sometimes, the Commissioner might let someone come with you to help you explain your case. This person can’t speak at the hearing, and the Commissioner can ask them to leave at any time.

The Commissioner won’t approve lawyers or people who often speak at tribunals to represent you or help you.

If the Commissioner does let someone represent you or help you, they might set some rules to make sure it’s fair for everyone involved.

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Family and relationships > Children and parenting Government and voting > Government departments
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"How the government handles your request for an exemption from child support"

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"Asking for another exemption after your first request"

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

89TCircumstances in which representation or assistance at hearing may be approved

  1. The following parties may be represented by a representative who is approved by the Commissioner:

  2. the liable person:
    1. the Crown, if the representative is an officer or employee of the Crown:
      1. a minor, or other person under disability:
        1. any other person, if the Commissioner is satisfied that for sufficient cause that person is unable to appear in person or is unable to present his or her case adequately.

          1. No other party is entitled to be represented at a hearing by a representative unless it appears to the Commissioner to be proper in all the circumstances to so allow, and the Commissioner approves the representative.

          2. No person proposed as a party's representative may be approved unless the Commissioner is satisfied that the person proposed has sufficient knowledge of the case and sufficient authority to bind the party.

          3. The Commissioner may permit any person nominated by a party to be present at the hearing and to assist the party in the presentation of his or her case if it appears to the Commissioner to be proper in all the circumstances to so permit, and the Commissioner approves the person.

          4. No person approved by the Commissioner under subsection (4) is entitled to be heard at the hearing, and the Commissioner may exclude the person from the hearing at any time.

          5. The Commissioner must not approve as a representative under subsection (1) or (2), or approve under subsection (4), any person who is, or has been, enrolled as a barrister and solicitor or who, in the opinion of the Commissioner, is or has been, regularly engaged in advocacy work before other tribunals.

          6. If the Commissioner approves any person under subsection (1), (2), or (4), the Commissioner may impose in respect of the appointment or approval any conditions that the Commissioner considers necessary to ensure that any other party to the proceedings is not substantially disadvantaged by that appointment or approval.

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