In some situations applicants/recipients may refuse or be reluctant to take action to receive child support (1.1.C.20) because of their cultural beliefs. Aboriginal or Torres Strait Islander applicants/recipients should be referred to an ISO for a decision about exemption. If it is inappropriate for an ISO to be involved in a particular case, then it may be appropriate to involve the social worker.
Example: It may be inappropriate for ISO to be involved because of skin grouping.
Explanation: Cases should also be referred to the social worker where the applicant/recipient requests an exemption on the basis of a fear of violence or the father is unknown. Assessment of these cases can be undertaken jointly by the ISO and social worker.
In some situations, applicants/recipients may refuse or be reluctant to take action to receive child support. They must be referred to a social worker; even if the interviewing officer is satisfied they should be granted an exemption.
Example: An applicant/recipient with a child born as a result of rape may give this information to the interviewing officer. Even though the applicant/recipient is eligible for a permanent exemption from seeking maintenance (1.1.M.10), the applicant/recipient should be referred to a social worker for an assessment of their situation and possible referral to support agencies.
Where an applicant/recipient is reluctant to take action for child support, the officer should try to obtain the reasons for this. The officer should explain the advantage of the CSS to the applicant/recipient and the requirements about taking reasonable action for child support. If the applicant/recipient is reluctant to talk about the reasons, they should be referred to a social worker.
The ISO and the social worker should ensure the applicant/recipient understands that:
The ISO or the social worker should fully explore with the applicant/recipient avenues of verifying the grounds for an exemption such as:
A letter of verification from any of these sources should be obtained wherever possible.
The social worker should complete an electronic document (DOC) indicating:
Applicants/recipients may be more willing to discuss sensitive issues or disclose information to a social worker. The social worker may be able to:
Example: The CSS is not linked with access issues and does not require personal contact between the parents.
When deciding to grant or not grant an exemption, the ISO should take into account the reason the applicant/recipient does not want to take action for child support and the likely impact on the applicant/recipient and/or their community if action for child support is taken.
In the case of remote Aboriginal applicants/recipients who do not have a pre-grant interview, the ISO should determine whether the payer (1.1.P.72) is likely to be in a position to pay child support. The ISO should seek advice from community contacts if necessary.
Policy reference: FA Guide 3.1.5.30 Taking Reasonable Maintenance Action, 3.1.5.70 Exemptions from the Maintenance Action Test
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Last reviewed: 1 December 2008