If you or someone you know is concerned about whether a Departure Prohibition Order (DPO) has been imposed, understanding the process and your rights is crucial.
A Departure Prohibition Order is a legal tool that stops an individual from leaving Australia. It’s typically issued when someone has obligations, often financial, that they haven’t met.
The most common reasons include unpaid child support, tax debts, or other significant financial obligations to the government.
Today, we’ll explain how DPOs work, why they’re issued, how you’ll be informed, and what steps you can take if a DPO affects your ability to travel outside Australia.
I. What Are the Main Reasons a Departure Prohibition Order Could Be Imposed?
A DPO might also be used in situations where there’s a concern that a person might flee Australia to avoid these responsibilities.
Here are the key reasons why a DPO could be imposed:
- Unpaid Child Support: If you have outstanding child support payments, the Child Support Registrar has the power to request a DPO to prevent you from leaving the country.
The government prioritises making sure that parents meet their financial responsibilities to their children.
- Tax Debts: The Australian Taxation Office (ATO) can seek a DPO if you owe a significant amount of tax.
If there’s a risk that leaving Australia will make it harder for the ATO to collect what you owe, they can apply for a DPO to stop you from travelling.
- Legal Proceedings: In some cases, a DPO may be issued if there are ongoing legal matters involving you.
This could include family law disputes or other court cases where your presence in Australia is necessary for the proceedings.
- Government Debts: Other types of debts owed to government agencies can also trigger a DPO. This might include Centrelink overpayments or other unpaid obligations.
A Departure Prohibition Order is not issued lightly. The government needs to be satisfied that it’s necessary to make sure you fulfil your financial or legal obligations before you’re allowed to travel.
II. How Will I Be Notified If a Departure Prohibition Order Has Been Placed on Me?
If a Departure Prohibition Order has been issued against you, the Australian Government will make sure you’re officially informed.
This notification can happen in several ways, and it’s important to pay close attention if you receive any correspondence related to this issue.
- Letter from the Child Support Agency or ATO: If the reason for the DPO is unpaid child support or tax debt, you’ll likely receive a formal letter.
This letter will explain that a DPO has been issued and outline the reasons for it.
- Court Documents: If the DPO is related to a legal proceeding, such as a family law dispute, you may be served with court documents that include information about the DPO.
These papers will explain the court’s decision and what steps you need to take.
- Email or Phone Call: In some cases, government agencies may also contact you by email or phone to notify you of the DPO. However, you should be cautious of scams.
Always double-check the authenticity of the communication by contacting the agency directly using official contact details.
- Airport Notification: If, for some reason, you weren’t notified in advance, you may only find out about the DPO when you attempt to travel.
Airport officials will inform you that you’re prohibited from leaving the country, and you’ll be provided with instructions on how to resolve the issue.
Being notified about a DPO can be stressful, but it’s essential to act quickly and get the proper advice on what steps to take next.
Also Read: How to Deal With An Ex Not Paying Child Support in Australia
III. How Can I Check If a Departure Prohibition Order Is Active Against Me?
If you’re unsure whether a Departure Prohibition Order has been issued against you, it’s important to confirm before making any travel plans.
Checking for a DPO is straightforward but may require contacting the relevant agencies.
Contact the Child Support Agency: If you believe the DPO may relate to unpaid child support, contact the Child Support Agency directly.
They will be able to inform you if a DPO is in place and help you understand the reasons behind it.
Check with the ATO: For tax-related DPOs, the Australian Taxation Office will have information.
You can contact them by phone or through their online portal to check if a DPO has been imposed.
Speak with Your Lawyer: If you’re involved in legal proceedings and suspect a DPO has been issued, your lawyer can quickly find out by checking court records or contacting the relevant agencies on your behalf.
Visit an Australian Passport Office: If you’re concerned about a DPO and you’re unsure which agency might have imposed it, you can visit an Australian Passport Office. They will be able to confirm if a DPO is preventing you from leaving the country.
Remember, it’s always better to check before you book a trip to avoid being turned away at the airport.
IV. What Are My Options If I Want to Challenge or Lift a Departure Prohibition Order?
If you’ve been issued a Departure Prohibition Order and you want to challenge or lift it, there are several steps you can take, depending on the circumstances.
Pay the Outstanding Debt: The most straightforward way to lift a DPO is to pay the debt that caused it. If the issue is unpaid child support or a tax debt, clearing the amount owed will usually result in the DPO being lifted.
Be sure to get confirmation from the relevant agency that the order has been revoked before attempting to travel.
Enter a Payment Plan: If you can’t afford to pay the full amount upfront, you may be able to negotiate a payment plan with the agency involved. Once a payment plan is in place, the agency may agree to lift the DPO, allowing you to travel as long as you keep up with your payments.
Apply for a Travel Exemption: In some cases, you may be able to apply for a travel exemption. This could be for urgent reasons such as medical treatment, a family emergency, or work-related travel.
The agency that issued the DPO will need to approve the exemption, and you may be required to provide evidence of your circumstances.
Seek Legal Advice: If you believe the DPO was issued unfairly or you have other concerns, it’s a good idea to seek legal advice. A family lawyer or other legal professional can help you understand your rights and explore options for challenging the DPO in court.
Court Application: In some cases, you may need to apply to the court to have the DPO lifted. This is more common in situations involving complex legal disputes, and it can be a time-consuming process. However, with proper legal guidance, you can navigate this successfully.
What to Do When Your Travel Plans Are at Risk
Dealing with a Departure Prohibition Order can feel overwhelming, especially if it impacts your ability to travel. It’s important to stay informed, act quickly, and seek help if you need it.
At Justice Family Lawyers, we have experience helping individuals resolve issues related to Departure Prohibition Orders. Whether you need assistance lifting an order or want to know your legal options, our expert lawyers are here to guide you every step of the way.
Call us today for expert advice on how we can help you move forward.
