Think a quick overseas getaway will solve your problems?
Not if you've got unresolved debts with the ATO or unpaid child support.
A Departure Prohibition Order (DPO) is the government's way of putting a hard stop on that plan.
It's a legal tool that stops you from leaving Australia if you owe serious money—typically to the tax office or through child support enforced by Services Australia.
These aren't just warnings; they're fully enforceable restrictions backed by federal law.
Specifically, they're governed under section 72D of the Child Support (Registration and Collection) Act 1988 and section 14S of the Taxation Administration Act 1953.
So, what does this mean for real people?
Imagine trying to board a plane and getting turned away at the gate.
We've seen it happen—often in the middle of custody battles, divorce proceedings, or when a parent tries to relocate internationally with unresolved debts.
It's not just frustrating—it can completely derail legal strategies, family plans, or business obligations.
At Unified Lawyers, we deal with this intersection of family law and travel restrictions regularly. Whether it's a parent blocked from travelling to attend court overseas or someone caught off guard at the airport, we know how to step in.
Our Sydney-based legal team specialises in complex family law matters, and we've guided countless clients through the maze of compliance, appeals, and strategic planning required when DPOs enter the picture.
From the moment a DPO is issued, every detail counts—how the debt arose, whether notice was properly given, and what can be done to resolve the matter fast. And that's where we come in.
We don't just understand the legal side—we understand the practical, emotional, and logistical chaos a DPO can bring. Our job is to help you cut through the red tape, defend your rights, and get your life—and your travel plans—back on track.
When and Why Is a DPO Issued?
DPOs are typically issued when an individual owes a substantial sum and is perceived to be at risk of fleeing the country to evade their financial responsibilities.
Some of the most common triggers for a DPO include :
- Ongoing failure to pay child support liabilities
- Accumulated and unpaid tax debts
- Demonstrated non-compliance with repayment or enforcement proceedings
- Evidence suggesting the debtor may attempt to leave Australia without settling their debts
Government agencies, including the ATO and the Child Support Agency (a division of Services Australia), follow strict internal protocols such as the ATO's Risk Management Practice Guide to determine whether a DPO should be issued.
These guidelines assess various risk factors, including the debtor's travel history, financial status, and willingness to engage with enforcement actions.
Who Can Be Subject to a DPO?
Contrary to popular belief, DPOs are not limited to wealthy business owners or high-income earners. Any individual with a qualifying debt who is deemed a flight risk can be subject to a DPO.
Issuing authorities include :
- The ATO, for enforcement of significant unpaid tax liabilities
- Services Australia, through its child support enforcement powers exercised by the Child Support Registrar
In family law scenarios, it is not uncommon for one parent—who may be embroiled in a custody or relocation dispute—to attempt overseas travel.
If that parent has unresolved child support obligations, they may be intercepted at the airport. Income, occupation, or public profile does not protect an individual from DPO enforcement.
How Do You Know If You Have a Departure Prohibition Order?
Under Australian law, a DPO cannot be implemented without formal notification to the affected party. If you are subject to a DPO, you will typically be informed via :
- A formal letter sent to your residential address
- Email notification from the relevant government department
- In some cases, direct communication through legal representatives or financial institutions
Additionally, to conduct a departure prohibition order check, contact the ATO or Services Australia directly.
Travellers should take this step if they have any reason to believe a debt may place them at risk—especially before booking international flights.
Attempting to leave the country without confirming your DPO status could result in a distressing and costly airport stop.
What Happens If You Receive a Departure Prohibition Order?
When a DPO is in effect, you will be legally barred from boarding any outbound flight from Australia. This prohibition is enforced at all international departure points, including airports and seaports.
An active DPO can :
- Cause significant disruption to travel plans
- Result in the forfeiture of non-refundable airline tickets and accommodation
- Affect professional and personal commitments overseas
Ignoring a DPO or attempting to bypass border controls is a serious offence. Penalties may include additional fines, extended restrictions, or even criminal charges.
Example Scenario :
Alex is trying to fly out of Sydney for a business trip.
At the airport, he's stopped because of a departure prohibition order (DPO) linked to unpaid child support.
What he didn't realise was that Services Australia had flagged his debt as serious enough to restrict travel.
With the help of legal support, Alex managed to negotiate a structured repayment plan, and within three weeks, his DPO was lifted.
This scenario highlights how a departure prohibition order child support case can unfold—and why swift action is key.
How to Remove or Challenge a DPO?
Removing or disputing a DPO requires a strategic and often legal approach.
Steps may include :
- Debt Repayment : Clearing the full debt is the fastest way to have a DPO revoked.
- Negotiated Repayment Plan : You may arrange a structured payment plan with the relevant agency.
- Removal Request : Submit a detailed written application with financial documentation and reasons why the DPO should be lifted.
- Judicial Review : If the decision to impose the DPO is perceived as unfair, a court review may be sought.
Legal representation can significantly improve the outcome, particularly if your financial or personal circumstances are complex. Our family lawyers regularly assist clients with preparing removal applications and advocating before government and court authorities.
How to Avoid Getting a DPO?
Preventing the issuance of a DPO is generally more efficient and less stressful than dealing with one after it's imposed.
Key preventative actions include :
- Responding promptly to all official correspondence from the ATO or Services Australia
- Proactively disclosing any financial hardship and seeking temporary relief measures
- Making early efforts to resolve debt through payment arrangements or financial counselling
It is also wise to consult a lawyer if you anticipate a legal dispute may involve international travel or if you are undergoing separation or custody issues. Unified Lawyers offers strategic legal support tailored to minimise the risk of DPOs affecting your plans.
FAQ's
1. Can you be stopped at the airport for debt?
Yes, if you have an active Departure Prohibition Order (DPO) issued due to unpaid tax or child support debts, border authorities have the legal power to stop you from departing Australia.
This stop can occur at any international exit point, including airports and seaports. It's not just a theoretical risk—many travellers have experienced last-minute denials of boarding due to unresolved debts.
The emotional, financial, and logistical impacts of such a stop can be significant, especially if travel is for medical, business, or family reasons. Engaging legal advice before travel can help avoid these disruptions.
2. How to find out if you have a DPO?
To check if a DPO has been issued against your name, you can directly contact the issuing authority—typically the Australian Taxation Office (ATO) for tax-related debts or Services Australia for child support arrears.
You are entitled to receive formal notice if a DPO has been made, which may arrive by post, email, or through your legal representative. However, if you've recently moved, changed email addresses, or not checked correspondence carefully, it's wise to confirm your status before attempting to leave the country.
A legal professional can also make enquiries on your behalf.
3. What if you leave the country anyway?
Deliberately attempting to exit Australia while subject to a DPO is a serious offence.
You may face immediate detention at the border, criminal prosecution, and an escalation in enforcement actions, including possible imprisonment in extreme cases.
Furthermore, such an attempt may damage your credibility and make it harder to negotiate future debt arrangements or legal relief. The legal process is already in place to review or lift a DPO; it's always better to engage with the process lawfully.
4. Does a Centrelink debt trigger a DPO?
Generally, Centrelink debts alone do not lead to the issuance of a DPO.
These debts are handled through other recovery mechanisms. However, if the individual also owes tax or child support—which are handled under separate legislative frameworks—those debts may independently trigger a DPO.
Therefore, it is essential to consider your full financial situation. If you have multiple debts across different government agencies, a coordinated legal strategy is advisable.
5. Do DPOs apply to both parents?
Yes, DPOs can be applied to either parent who owes child support.
The enforcement does not discriminate based on gender, custodial status, or income bracket. If the Child Support Agency determines that there is a risk a parent may try to avoid their obligations by leaving Australia, a DPO may be issued.
This is particularly relevant in international custody disputes or situations involving relocation. Parents involved in these scenarios should seek legal advice early to manage compliance and avoid travel restrictions.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
