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Child support and the SSAT: an Anglo-Australian comparison

Child support and the SSAT: an Anglo-Australian comparison
Child support and the SSAT: an Anglo-Australian comparison
This article discusses the new arrangements for reviewing decisions of the Child Support Agency, which came into force on 1 January 2007. Since that date the jurisdiction of the SSAT has been expanded to include merits review of agency decisions. There has been bipartisan political support for the introduction of a greater element of external review into the child support scheme. This article examines the new arrangements in the light of the experience of the child support scheme in Great Britain, where appeals against agency decisions have been heard by tribunals modelled on those used for resolving social security disputes since 1993. The British experience suggests that the inquisitorial ethos of the SSAT model, premised on a citizen v state dispute, is not necessarily well suited to dealing with child support disputes, which are typically adversarial in nature.
0817-623X
58-86
Wikeley, Nick
c7383b77-619b-458e-887f-dcea97f8383e
Wikeley, Nick
c7383b77-619b-458e-887f-dcea97f8383e

Wikeley, Nick (2007) Child support and the SSAT: an Anglo-Australian comparison. Australian Journal of Family Law, 21 (1), 58-86.

Record type: Article

Abstract

This article discusses the new arrangements for reviewing decisions of the Child Support Agency, which came into force on 1 January 2007. Since that date the jurisdiction of the SSAT has been expanded to include merits review of agency decisions. There has been bipartisan political support for the introduction of a greater element of external review into the child support scheme. This article examines the new arrangements in the light of the experience of the child support scheme in Great Britain, where appeals against agency decisions have been heard by tribunals modelled on those used for resolving social security disputes since 1993. The British experience suggests that the inquisitorial ethos of the SSAT model, premised on a citizen v state dispute, is not necessarily well suited to dealing with child support disputes, which are typically adversarial in nature.

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Published date: April 2007

Identifiers

Local EPrints ID: 48110
URI: http://eprints.soton.ac.uk/id/eprint/48110
ISSN: 0817-623X
PURE UUID: fbe59374-885a-4df7-9244-604cd4ca4ca3

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Date deposited: 31 Aug 2007
Last modified: 15 Mar 2024 09:43

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Author: Nick Wikeley

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