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How Do You Know If You Have a Departure Prohibition Order?

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how do you know if you have a departure prohibition order | Justice Family Lawyers

Written by Hayder Shkara

You have a trip booked. Or a letter just landed and you are not sure what it means. Either way, a quiet worry has set in, could a child support debt stop you at the airport and turn you back?

Let me give you a straight answer.

Yes, a child support debt can stop you leaving Australia. The tool that does it is a departure prohibition order, or DPO. It is an administrative order the Child Support Registrar can make under section 72D of the Child Support (Registration and Collection) Act 1988, and it can be put in place without a court hearing. The good news is that it is not a trapdoor. You can find out whether one exists, and there is a clear way to travel or to get it lifted. Here is how to check, and what to do next. If you want to talk it through at any point, our child support lawyers do this every week.

How to check if you have a DPO

This is the first thing to sort out, so start here. There are four ways to find out where you stand.

  1. Ask Services Australia Child Support directly. They are the agency that issues a child support DPO, so a phone call to them is the fastest way to a definite answer (Before you leave Australia).
  2. Check your myGov and Child Support online account. Look through your messages and any recent letters from Services Australia. A DPO is not made in silence, so a notice is usually sitting there.
  3. Check with the ATO if you also owe tax. The Tax Office can issue its own separate DPO for an unpaid tax debt, under different law, so a clean bill from Child Support does not always mean you are clear (ATO departure prohibition orders).
  4. Ask your lawyer to check on your behalf. If a call is stressful or you want it handled properly, we can confirm your position and deal with the agency for you.

One thing to skip, don’t start at a passport office. A DPO is not a passport problem and the passport office is not the agency behind it. Go straight to the source.

What you need before you start

Have these ready so one phone call can settle it:

  • Your Child Support reference number
  • Your myGov login details
  • The details of any debt or payment arrangement you already have
  • Your travel dates

Why a departure prohibition order gets made

Here is where a lot of people get caught out. A DPO is not triggered by one late payment or a single missed week. The bar is higher than that.

The Registrar can only make a DPO if all of the following are true (section 72D):

  • You have a child support liability. There is a debt on the books.
  • You have not made a satisfactory arrangement to pay it. No payment plan is in place, or the one you had has fallen over.
  • You have “persistently and without reasonable grounds” failed to pay. This is the key phrase. It points at deliberate, repeated avoidance, not a rough patch where you kept trying.
  • The Registrar is satisfied that a DPO is desirable. The order has to be a sensible step in the circumstances.

Read that list back and the pattern is clear. A DPO is aimed at someone who can pay and will not, not someone who has simply hit a hard month. If you have been communicating and trying to sort out an arrangement, you are a long way from the profile this order is built for.

One more thing worth knowing. The ATO can issue a completely separate DPO for an unpaid tax debt under section 14S of the Taxation Administration Act 1953. It is a different debt, a different agency, and a different law, which is why step 3 above matters if tax is also in the mix.

The child support criteria are set out in the DSS Child Support Guide.

How you will be told

You do not get a DPO sprung on you with no warning. Services Australia notifies you, and the notice usually turns up in writing, in your myGov inbox and by letter. So if you are worried, the checks above will normally surface it.

A word of caution here. Scammers know these orders exist and they trade on the fear. Be wary of any unsolicited email, text, or phone call telling you a DPO has been made against you and demanding an immediate payment to a card or account. A genuine order is recorded in your official Child Support channels. If a message comes out of nowhere, do not pay a cent on the spot. Verify it directly with Services Australia first.

How to get a departure prohibition order lifted

There are two ways to lift a child support DPO, and neither one needs a court order (Before you leave Australia):

  1. Pay the debt in full. Once the liability is cleared, the reason for the order is gone.
  2. Enter an acceptable payment arrangement with Services Australia. Agree on a realistic way to pay it down over time.

In practice, the payment arrangement is usually the fastest route to travelling again, because most people cannot clear the whole debt at once but can commit to a sensible plan. So the practical play is rarely to contest the order. It is to get a workable arrangement in place, which is exactly the ground where advice pays for itself.

Travelling in the meantime: the departure authorisation certificate

Say you have a trip you cannot move and the debt is not resolved yet. There is a specific tool for that, and it has a proper name. It is a departure authorisation certificate, or DAC, and you apply for it through Services Australia.

A DAC does not lift the DPO. The order stands. What the certificate does is authorise you to leave for a specific, limited trip while the order remains in place. You may be asked to give some form of security for your return, and the certificate authorises departure only within a short specified window.

If a booked, non-refundable trip is the pressure point for you, a DAC is the pathway to raise early, not the night before you fly.

If you disagree: your real review rights

This is the part most pages get wrong, so read it carefully. You will see other sites tell you to “object within 28 days”. For a DPO, that is not right. A departure prohibition order does not carry the ordinary child support objection process, so there is no standard 28-day objection step to rely on.

Here is what the real pathways look like:

  • To challenge the order itself, you appeal to the Federal Circuit and Family Court of Australia (Division 2), under section 72Q. This is a court process, so it is where our family court team can step in.
  • If the Registrar refuses your DAC, that refusal can be reviewed by the Administrative Review Tribunal.

For most people, though, the honest answer is that appealing is the long road. If you can pay or arrange to pay, that resolves the order far faster than a court challenge over whether it should have been made.

Your DPO action checklist

Keep this somewhere you can find it:

  • Confirm whether a DPO actually exists (call Services Australia; check myGov)
  • Get the exact debt figure in writing
  • Decide between paying in full and setting up a payment arrangement
  • Apply for a DAC if you must travel before the debt is resolved
  • Get legal advice before you book any non-refundable travel

What to do next

If you are not sure whether an order is hanging over you, do not guess and do not book non-refundable flights on hope. Make the call to Services Australia and get the facts, or let us confirm your position and handle the agency for you.

If it turns out there is a DPO, you do not have to work it out alone. Reach out to me and my team. Book a free discovery call on 1300 614 732 or send us a message, and our child support lawyers will walk you through where you actually stand and the fastest legitimate way to travel. No pressure, no judgment, just clear advice.

Frequently Asked Questions

Contact Services Australia Child Support directly and ask, since they are the agency that issues the order. Also check your myGov and Child Support online account and any recent letters. If you owe tax as well, check with the ATO, which can issue its own separate order. A lawyer can also confirm your position for you.

Yes. If you have a child support debt, the Child Support Registrar can make a departure prohibition order that stops you leaving until the debt is dealt with. It does not need a court order. It is aimed at people who persistently and without reasonable grounds fail to pay, not at someone who missed a single payment.

There are two ways, and neither needs a court order: pay the debt in full, or enter an acceptable payment arrangement with Services Australia. In practice, an agreed payment arrangement is usually the faster route to being able to travel again, since most people cannot clear the full debt at once.

A departure authorisation certificate (DAC) lets you travel for a specific, limited trip even though the departure prohibition order still stands. You apply through Services Australia, and you may be asked to give security for your return. Raise it early if you have a booked trip you cannot move.

No. A child support departure prohibition order is an administrative order the Registrar can make directly, without going to court. No court order is needed to impose or lift it. Challenging the order, on the other hand, does involve a court.

Hayder

Hayder Shkara

Principal of Justice Family Lawyers, Hayder Shkara specialises in complex parenting and property family law matters. He is based in Sydney and holds a Bachelor of Law and Bachelor of Communications from UTS.
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