CHILD SUPPORT (ASSESSMENT) ACT 1989 - SECT 98Q Procedure

CHILD SUPPORT (ASSESSMENT) ACT 1989 - SECT 98Q

  (1)   In making a decision under this Division, the Registrar:

  (a)   may act on the basis of:

  (i)   the information that the Registrar used to form the view that because of special circumstances that exist, the provisions of this Act relating to administrative assessment of child support should be departed from in relation to the child concerned; and

  (ii)   if action has been taken under section   98N--the replies (if any) and the documents (if any) accompanying them; and

  (b)   may, but is not required to, conduct any inquiry or investigation into the matter.

  (2)   Except where the Registrar refuses to make a determination under section   98R in respect of proceedings, the Registrar must give an opportunity to parties to the proceedings to appear before the Registrar, and be heard by him or her, if they so wish.

Note:   Section   98R provides that the Registrar may refuse to make a determination in the circumstances set out in that provision without taking any further action under this Part.

  (3)   Nothing in subsection   (2) empowers the Registrar to compel the parties to the proceedings to appear before the Registrar in the presence of the other party.

  (4)   Any hearing before the Registrar, and any inquiry or investigation carried out by the Registrar, is to be carried out as the Registrar thinks fit and the Registrar is not bound by any rules of evidence.

  (5)   A party must not be represented by another person before the Registrar.