CHILD SUPPORT (ASSESSMENT) ACT 1989 - SECT 106A Declaration that a person should be assessed in respect of the costs of the child
CHILD SUPPORT (ASSESSMENT) ACT 1989 - SECT 106A
Declaration that a person should be assessed in respect of the costs of the child(a) the Registrar refuses to accept from an applicant an application for administrative assessment of child support for a child under subsection 30(2); and
(b) one of the reasons for the Registrar so refusing was that the Registrar was not satisfied under section 29 that a person who was to be assessed in respect of the costs of the child is a parent of the child.
(2) An application may be made to a court having jurisdiction under this Act for a declaration that:
(a) if the reason referred to in paragraph (1)(b) was the only reason for the Registrar refusing to accept the application--a person should be assessed in respect of the costs of the child because the person is a parent of the child; and
(b) if the reason referred to in paragraph (1)(b) was one of the reasons for the Registrar refusing to accept the application--the Registrar should reconsider the application under Division 2 of Part 4 because a person who was to be assessed in respect of the costs of the child is a parent of the child.
(3) The application must be made within:
(a) the time prescribed by the applicable Rules of Court; or
(b) such further time as is allowed under the applicable Rules of Court.
(4) Subject to section 145 (Registrar may intervene in proceedings), the parties to the proceeding are:
(a) if the application for administrative assessment was made under section 25--each person who was to be assessed in respect of the costs of the child; and
(b) if the application for administrative assessment was made under section 25A--the non - parent carer who made the application and the person in respect of whom the declaration is sought.
(5) The court may grant the declaration if the court is satisfied that:
(a) if the reason referred to in paragraph (1)(b) was the only reason for the Registrar refusing to accept the application--the person should be assessed in respect of the costs of the child because the person is a parent of the child; or
(b) if the reason referred to in paragraph (1)(b) was one of the reasons for the Registrar refusing to accept the application--the Registrar should reconsider the application under Division 2 of Part 4 because the person who was to be assessed in respect of the costs of the child is a parent of the child.
(6) If the court grants the declaration:
(a) if the reason referred to in paragraph (1)(b) was the only reason for the Registrar refusing to accept the application--the Registrar is taken to have accepted the application for administrative assessment of child support; and
(b) if the reason referred to in paragraph (1)(b) was one
of the reasons for the Registrar refusing to accept the application--the
Registrar must reconsider the application under Division 2 of Part
4.