CHILD SUPPORT (ASSESSMENT) ACT 1989 - SECT 76 Notice of assessment to be given

CHILD SUPPORT (ASSESSMENT) ACT 1989 - SECT 76

  (1)   When the Registrar makes an administrative assessment, the Registrar must immediately give written notice of the assessment to the liable parent and the carer entitled to child support.

  (2)   The notice must (in addition to specifying the matters that section   69 (daily rate conversion) requires to be specified in the notice) specify at least the following matters:

  (a)   the adjusted taxable income, and child support income, of any parent (the assessed parent ) who was assessed in respect of the costs of the children in the child support case to which the assessment relates;

  (b)   the names and dates of birth of those children;

  (c)   the number and age ranges of the relevant dependent children (if any) of an assessed parent;

  (d)   the number and age ranges of the other children in other child support cases (if any) of an assessed parent;

  (e)   an assessed parent's, and non - parent carer's, percentage of care for each child in the child support case to which the assessment relates;

  (g)   the costs of each child in the child support case to which the assessment relates;

  (ga)   if a child support agreement includes lump sum payment provisions, or if a court has made an order under section   123A, in respect of the children in the child support case to which the assessment relates:

  (i)   the amount of the lump sum payment specified in the agreement or order; and

  (ii)   the amount of any remaining lump sum payment (within the meaning of the Registration and Collection Act); and

  (iii)   any annual rate and daily rate of child support that remains payable under section   78 of this Act after taking into account any remaining lump sum payment that will be credited under section   69A of the Registration and Collection Act;

  (h)   such other matters as are prescribed.

  (2AA)   For the purposes of paragraph   (2)(d), a parent is taken to have a child support case if the parent is liable to pay child support for one or more children under an administrative assessment under the law of a reciprocating jurisdiction.

  (2A)   Despite subsection   (2), if an administrative assessment is affected either:

  (a)   by an order made by a court under Division   4 of Part   7; or

  (b)   by the provisions of a child support agreement;

the Registrar is not required to specify any matter referred to in that subsection that is not relevant to the making of the assessment.

  (3)   The notice must also include, or be accompanied by, statements of the following kinds:

  (a)   a statement that specifically draws the attention of the liable parent and the carer entitled to child support to the right:

  (i)   to object, subject to the Registration and Collection Act, to particulars of the assessment; and

  (ii)   if aggrieved by the decision on an objection to particulars of the assessment (no matter who lodges the objection but subject to that Act and the AAT Act), to apply to the AAT for review of the decision;

  (c)   a statement that specifically draws the attention of the liable parent and the carer entitled to child support to the right to apply to the Registrar for a determination under Part   6A having the effect that the provisions of this Act relating to administrative assessment of child support will be departed from in relation to a child in the special circumstances of the case;

  (ca)   a statement that specifically draws the attention of the liable parent and the carer entitled to child support to the right to apply to a court having jurisdiction under this Act for an order under section   123A that the liable parent provide child support for the child in the form of a lump sum payment to be credited against the amount payable under the liability of the liable parent under any relevant administrative assessment;

  (d)   a statement that specifically draws the attention of the liable parent and the carer entitled to child support to the right, subject to the Family Law Act 1975 , to apply to a court having jurisdiction under this Act for an order under section   124 that a parent provide child support for the child otherwise than in the form of periodic amounts.