CHILD SUPPORT (ASSESSMENT) ACT 1989
Table of Provisions
PART 1--PRELIMINARY
- 1 Short title
- 2 Commencement
- 3 Duty of parents to maintain their children
- 4 Objects of Act
- 4A Application of the
- 5 Interpretation--definitions
- 5A Definition of
- 5B Definition of
- 6 Interpretation--expressions used in Registration and Collection Act
- 7 Interpretation--expressions used in Part VII of Family Law Act
- 7A Meaning of
- 7B Meaning of
- 9 Interpretation--meaning of
- 10 Interpretation--meaning of
- 12 Interpretation--happening of child support terminating events
- 12A Use of computer programs to make decisions
- 13 Extension and application of Act in relation to maintenance of exnuptial children
- 14 Additional application of Act in relation to maintenance of children of marriages
- 15 Corresponding State laws
- 16 Act to bind Crown
- 16A Norfolk Island
PART 2--COUNSELLING
- 17 Court counselling facilities to be made available
PART 3--CHILDREN--WHO MAY BE COVERED BY ACT
- 18 Act applies only in relation to eligible children
- 19 Children born on or after commencing day are eligible children
- 20 Children of parents who separate on or after commencing day are eligible children
- 21 Children with a brother or sister who is an eligible child are eligible children
- 22 Exclusion of certain children from coverage of Act
PART 4--APPLICATIONS--TO REGISTRAR FOR ADMINISTRATIVE ASSESSMENT OF CHILD SUPPORT
DIVISION 1--Application requirements- 23 Application requirements generally
- 24 Children in relation to whom applications may be made
- 25 Persons who may apply--parents
- 25A Persons who may apply--non-parent carers
- 26 Requirements of applications where there are joint carers
- 26A Requirements of application if child is cared for under child welfare law
- 27 Application for administrative assessment
- 28 Application for child support for 2 or more children made in same form DIVISION 2--Decision on application
- 29 How decision is to be made
- 29A Person by whom child support is payable must be Australian resident or resident of reciprocating jurisdiction
- 29B Applications by residents of reciprocating jurisdictions
- 30 Decision on application
- 30A No administrative assessment or acceptance of agreement if contrary to international maintenance arrangement
- 30B Registrar may refuse application for administrative assessment if overseas liability already registered
- 31 Requirement to assess child support on acceptance of application
- 32 Withdrawal of application by applicant DIVISION 3--Notice of decision
- 33 Notice to be given to unsuccessful applicant
- 34 Giving notice of successful application
PART 4A--ASSESSMENTS--OF CHILD SUPPORT FOR LATER CHILD SUPPORT PERIODS
- 34A Registrar must make assessment when new tax figure is available
- 34B Administrative assessment for child support period started by new agreement when support already payable
- 34C Administrative assessments for child support periods not started by application or new agreement
PART 5--ADMINISTRATIVE--ASSESSMENT OF CHILD SUPPORT
DIVISION 1--Preliminary- 35A Simplified outline DIVISION 2--The formulas
- 35B Simplified outline
- 35C Application of Part to determine annual rate of child support
- 35D Application of Subdivision
- 35 Formula 1: Method statement using incomes of both parents in single child support case with no non-parent carer
- 36 Formula 2: Working out annual rates of child support using incomes of both parents in single child support case with a non-parent carer
- 36A Application of Subdivision
- 37 Formula 3: Method statement using incomes of both parents in multiple child support cases with no non-parent carer
- 38 Formula 4: Working out annual rates of child support using incomes of both parents in multiple child support cases with a non-parent carer
- 38A Application of Subdivision
- 39 Formula 5: Method statement using income of one parent where other parent not a resident of Australia or in special circumstances
- 40 Formula 6: Method statement using income of one parent where other parent deceased
- 40A Cases where there is more than one person entitled to child support
- 40B Non-parent carer must have applied for child support
- 40C Parents with more than 65% care
- 40D Parents with nil child support percentage DIVISION 3--Child support income
- 40E Simplified outline
- 41 Working out parent's child support income
- 42 Working out parents' combined child support income
- 43 Working out parent's adjusted taxable income
- 44 Post-separation costs
- 45 Working out the self-support amount
- 46 Working out parent's relevant dependent child amount
- 47 Working out multi-case allowances DIVISION 4--Percentage of care
- 48 Simplified outline
- 49 Determination of percentage of care--responsible person has had etc. no pattern of care for a child
- 50 Determination of percentage of care--responsible person has had etc. a pattern of care for a child
- 51 Percentage of care if action taken to ensure that a care arrangement in relation to a child is complied with
- 53 Section 51 does not apply in certain circumstances
- 53A Meaning of
- 53B When a person has increased care of a child
- 54 When a person has
- 54A Working out actual care, and extent of care, of a child
- 54B Days to which the percentage of care applies if section 51 did not apply etc. in relation to a responsible person
- 54C Days to which the percentage of care applies if 2 percentages of care apply under section 51 in relation to a responsible person
- 54D Rounding of a percentage of care
- 54E Registrar must have regard to guidelines about the making of determinations
- 54F Determination must be revoked if there is a change to the responsible person's cost percentage
- 54FA Suspension of determination before the end of the maximum interim period if there is a change to the responsible person's cost percentage
- 54G Determination must be revoked if there is less than regular care etc.
- 54H Registrar may revoke a determination of a responsible person's percentage of care
- 54HA Suspension of determination of a responsible person's percentage of care before the end of the maximum interim period
- 54J Registrar must have regard to guidelines about the revocation of determinations
- 54K Percentages of care determined under the Family Assistance Act that apply for child support purposes
- 54L Reviews of percentages of care under the Family Assistance Administration Act apply for child support purposes DIVISION 5--Working out other elements for the formulas
- 55A Simplified outline
- 55B Working out income percentages
- 55C Working out cost percentages
- 55D Working out child support percentages
- 55E Working out the multi-case cap DIVISION 6--The costs of the child
- 55F Simplified outline
- 55G Working out the costs of the children
- 55H Working out the costs of the child
- 55HA Working out the costs of the child if parents have multiple child support cases DIVISION 7--Assessments and estimates of adjusted taxable income
- 55J Simplified outline
- 56 Taxable income is as assessed under Income Tax Assessment Act
- 57 Taxable income for child support purposes where taxable income determined to be nil under Income Tax Assessment Act
- 58 Determination by the Registrar of a parent's adjusted taxable income
- 58AA for determinations under section 58
- 58A Subsequently ascertaining components of a parent's adjusted taxable income
- 58B Inclusion of overseas income in working out a parent's adjusted taxable income
- 58C Determination of overseas income if information and documents in Registrar's possession are sufficient
- 58D Determination of overseas income if information and documents in Registrar's possession are insufficient
- 60 Parent may elect to estimate his or her adjusted taxable income for a year of income
- 61 Effect of election
- 62 Revocation of income election
- 62A Parent must elect a new estimate of his or her adjusted taxable income for a year of income
- 63 Effect of later election
- 63AA Registrar may refuse to accept an income election
- 63AB Notice to be given if Registrar refuses to accept an income election
- 63AC Parent may elect a new year to date income amount
- 63AD Registrar may refuse to accept an election of a new year to date income amount
- 63AE Registrar may determine a new year to date income amount
- 63AF Parent's
- 63A Amendment of assessment based on income election if event affecting accuracy of estimate occurs
- 63B Amendment of assessment based on income election if Registrar asks for information supporting estimate
- 63C Amendment of assessment in minimum rate cases DIVISION 7A--Reconciliation of estimates of adjusted taxable income
- 64 Reconciliation using a parent's actual adjusted taxable income--single income election
- 64A Reconciliation using a parent's actual adjusted taxable income--more than one income election
- 64AA Action by Registrar following reconciliation
- 64AB Registrar to determine a parent's adjusted taxable income for the purposes of reconciliation
- 64AC Reconciliation using a parent's determined ATI--single income election
- 64AD Reconciliation using a parent's determined ATI--more than one income election
- 64AE Action by Registrar following reconciliation
- 64AF Penalty if a parent underestimates an income amount
- 64AG Amount of penalty
- 64AH Remission of penalty DIVISION 8--Provisions relating to the making of assessments
- 64B Simplified outline
- 65A Annual rate of child support for low income parents not on income support
- 65B Application for section 65A not to apply
- 66 Minimum annual rate of child support
- 66A Registrar may reduce an assessment to nil in certain cases
- 66B Amendment of assessment made under section 65B or 66A
- 66C Notice to be given to unsuccessful applicant
- 66D How assessment is to be made
- 67 Assessment to relate to all children for whom child support is payable by parent
- 67A Offsetting of child support liabilities
- 68 Assessment to relate to whole or part of single child support period
- 69 Conversion of annual rates into daily rates of payment
- 70 Evidence relating to assessments
- 71 Assessment for part of a child support period
- 72 Validity of assessments
- 73 Assumptions as to future events
- 73A Registrar becoming aware of relevant dependent child
- 74 Registrar to give effect to happening of child support terminating events etc.
- 74A Date of effect of change in care
- 75 Amendment of assessments
- 76 Notice of assessment to be given DIVISION 9--Liability to pay child support as assessed
- 76A Simplified outline
- 77 Effect of assessment
- 78 When amounts of child support due and payable
- 79 Recovery of amounts of child support
PART 6--CONSENT--ARRANGEMENTS
DIVISION 1--Preliminary- 80A Simplified outline
- 80B Cases in relation to which Part applies DIVISION 1A--Binding and limited child support agreements
- 80C Making binding child support agreements
- 80CA No variation of binding child support agreements
- 80D Terminating binding child support agreements
- 80E Making limited child support agreements
- 80F No variation of limited child support agreements
- 80G Terminating limited child support agreements DIVISION 2--Child support agreement requirements
- 81 definition and general requirement
- 82 Children in relation to whom agreements may be made
- 83 Persons who may be parties to agreements
- 84 Provisions that may be included in agreements
- 85 Child support agreement must not provide for person who is not eligible carer to be paid child support DIVISION 2A--Other rules relating to child support agreements
- 86 Suspension of child support agreements when person is not eligible carer
- 86A Apportioning amounts payable under child support agreements
- 87 Agreement may be made in relation to 2 or more children etc. DIVISION 3--Applications to Registrar for acceptance of child support agreements
- 88 Application requirements generally
- 89 Formal requirement for applications
- 90 Application for 2 or more separate agreements may be made in same form DIVISION 4--Decisions on applications
- 91 How decision is to be made
- 92 Decision on application
- 93 Liability to pay child support arises on acceptance of application where child support not already payable etc.
- 94 Registrar to take action to give effect to accepted child support agreement or termination agreement etc.
- 95 Effect of certain provisions of accepted child support agreements DIVISION 5--Notice of the decision
- 96 Notice of decision to be given
PART 6A--DEPARTURE--FROM ADMINISTRATIVE ASSESSMENT OF CHILD SUPPORT (DEPARTURE DETERMINATIONS)
DIVISION 1--Preliminary- 98A Simplified outline DIVISION 2--Departures initiated by a liable parent or carer
- 98B Application for determination under Part
- 98C Matters as to which Registrar must be satisfied before making determination
- 98D Formal requirements for application
- 98E Registrar may refuse to make determination because issues too complex
- 98F Application disclosing no grounds etc. for making determination--how dealt with
- 98G Other party to be notified
- 98H Procedure for dealing with application
- 98J Subsequent applications
- 98JA Notice of refusal to be served on parties DIVISION 3--Departures initiated by the Registrar
- 98K Registrar may initiate a determination under this Part
- 98L Matters as to which Registrar must be satisfied before making determination
- 98M Parties to be notified
- 98N Replies
- 98P Parties may jointly elect that Registrar discontinue proceedings
- 98Q Procedure
- 98R Registrar may refuse to make determination because issues too complex
- 98RA Notice of refusal to be served on parties DIVISION 4--Determinations that may be made under this Part
- 98S Determinations that may be made under Part
- 98SA Variation not to be below minimum annual rate of child support DIVISION 5--Child support agreements
- 98T Parties may enter into child support agreement
- 98U Decision on child support agreement DIVISION 6--Pending applications
- 98V Pending application not to affect assessment
PART 7--COURT--REVIEW OF CERTAIN DECISIONS
DIVISION 1A--Preliminary- 98W Simplified outline DIVISION 1--Jurisdiction of courts
- 98X Simplified outline of this Division
- 99 Jurisdiction of courts under Act
- 100 Application of Family Law Act
- 101 Appeals from courts of summary jurisdiction
- 102 Appeals to High Court DIVISION 2--Declarations relating to whether persons should be assessed in respect of the costs of the child
- 106 Simplified outline
- 106A Declaration that a person should be assessed in respect of the costs of the child
- 107 Declaration that a person should not be assessed in respect of the costs of the child
- 107A Implementation of declaration under section 107 if assessment relates to 2 or more children
- 108 Implementation of decisions
- 109 Pending application not to affect assessment DIVISION 3--Application for amendment of administrative assessment that is more than 18 months old
- 110 Simplified outline
- 111 Application for amendment of administrative assessment that is more than 18 months old
- 112 Court may grant leave to amend administrative assessment that is more than 18 months old
- 113 Implementation of decisions
- 113A Pending application not to affect assessment DIVISION 4--Orders for departure from administrative assessment in special circumstances (departure orders)
- 113B Simplified outline
- 114 Additional particular objects of Division
- 116 Application for order under Division
- 117 Matters as to which court must be satisfied before making order
- 118 Orders that may be made under Division
- 119 Implementation of orders
- 120 Pending proceeding not to affect assessment DIVISION 5--Orders for provision of child support otherwise than in form of periodic amounts paid to carer
- 121 Additional particular objects of Division
- 122 Cases in relation to which Division applies
- 123 Application for order under Division
- 123A Orders for provision of child support in the form of lump sum payment to be credited against amounts payable under liability
- 124 Orders for provision of child support otherwise than in form of periodic amounts paid to carer entitled to child support
- 125 Court to state relationship between order and assessed child support
- 126 Court to give reasons for order
- 127 Effect of orders on administrative assessment of child support
- 129 Modification of orders under Division
- 130 Court to give reasons for modifications
- 131 Court may make orders consequential upon the discharge of orders etc. DIVISION 6--Setting aside accepted child support agreements
- 135 Simplified outline
- 136 Power of court to set aside child support agreements or termination agreements
- 137 Court may make orders consequential on setting aside of agreement
- 138 Implementation of decisions DIVISION 7--Urgent maintenance orders
- 138A Simplified outline
- 139 Urgent maintenance orders DIVISION 8--Provisions relating to court orders
- 140A Simplified outline
- 141 General powers of court
- 142 Cessation of orders under Act
- 143 Amounts paid where no liability to pay exists etc. DIVISION 9--Miscellaneous
- 143A Simplified outline
- 143B Frivolous or vexatious proceedings
- 144 Determining when decision of a court becomes final
- 145 Registrar may intervene in proceedings
- 146 Copies of orders to be forwarded to Registrar
PART 7A--NOTIONAL--ASSESSMENTS
DIVISION 1--Preliminary- 146A Simplified outline DIVISION 2--Notional assessments
- 146B Provisional notional assessments
- 146BA Application of Part 5 to provisional notional assessments
- 146C Variation of provisional notional assessments
- 146D Departure determinations in respect of provisional notional assessments
- 146E Notional assessments
- 146EA Amendment of notional assessment
- 146F Later provisional notional assessments DIVISION 3--Estimating adjusted taxable income for notional assessments
- 146G Estimating adjusted taxable income for purposes of notional assessments
- 146H Registrar may refuse to accept election
- 146J Effect of election
- 146K Revocation of election
- 146L Effect of revocation
PART 8--ADMINISTRATION
- 147 Secretary has general administration of Act
- 148 Annual report
- 149 Delegation
- 150 Secrecy
- 150AA Offence of unauthorised use of information
- 150A Applications, notices, elections and replies to be in the manner specified by the Registrar
- 150B Registrar's power to request tax file numbers
- 150D Registrar may require Commissioner to provide information
- 150DA Registrar's jurisdiction to cease in certain circumstances
PART 9--MISCELLANEOUS
- 150E Suspension of liability to pay child support where parents reconcile
- 150F Suspension of liability to pay child support if notification delayed when persons have swapped eligible carer roles
- 151 Election to end administrative assessment
- 151B Application for assessment/agreement to continue beyond child's 18th birthday
- 151C Application for assessment/agreement to continue--Registrar's decision
- 151D Application under subsection 151B(1) for assessment/agreement to continue--consequences of acceptance
- 151E Applications under subsection 151B(1A) in respect of administrative assessments--consequences of acceptance
- 152 Court order etc. to cease to have effect where child support becomes payable
- 153 Evidentiary certificates by Registrar
- 153A Indexation of amounts
- 155 Publication of figures
- 156 Rounding of amounts
- 157 Appearance by Registrar in proceedings etc.
- 158 Judicial notice of signature of Registrar etc.
- 159 False or misleading statements
- 159A Statements made recklessly etc.
- 159B Failure to notify required information
- 160 Notification requirements
- 161 Obtaining of information and evidence
- 162 Order to comply with requirement
- 162A Obtaining information in relation to residents of reciprocating jurisdictions
- 162B Regulations may prescribe manner of giving notices or other communications
- 162C Requesting information for the purposes of a care percentage determination under the family assistance law
- 163 Act not a taxation law
- 163A Certain instruments not liable to duty
- 163B Regulations in relation to overseas-related maintenance obligations etc.
- 164 Regulations