Commonwealth Numbered Acts

CHILD SUPPORT LEGISLATION AMENDMENT ACT 1995 No. 39 of 1995 - SECT 9

9. After section 91 of the Principal Act the following section is inserted:
Procedure where payee is in receipt of, or a claimant for, sole parent
pension, additional family payment etc. When section applies

"91A. (1) This section applies if:

   (a)  an application is made to the Registrar for acceptance of an agreement
        made in relation to a child; and

   (b)  the party referred to in paragraph 83(1)(a) (the 'eligible person') is
        in receipt of, or a claimant for:

        (i)    a sole parent pension; or

        (ii)   additional family payment for the child; or

        (iii)  a special needs sole parent pension; on the day on which the
               application is made; and

   (c)  immediately before the application is made, an administrative
        assessment is in force in relation to the child. Copy of agreement to
        be sent to Secretary

"(2) As soon as practicable after the application is made, the Registrar must
send a copy of the agreement to the Secretary.
Secretary to decide whether the agreement passes the "reasonable action to
obtain maintenance" test

"(3) The Secretary must decide whether or not the eligible person would cease
to be qualified for the pension or payment because of section 252 or 777A or
point 1069 - D11 of the Social Security Act 1991 if it were assumed that:

   (a)  the Registrar were to accept the agreement; and

   (b)  if the eligible person is a claimant for the pension or payment - the
        eligible person were in receipt of the pension or payment. The
        Secretary is said to make an adverse decision under this subsection if
        the Secretary decides that the eligible person would so cease to be
        qualified for the pension or payment. Note 1: Sections 252 and 777A
        and point 1069 - D11 of the Social Security Act  1991 deal with the
        'reasonable action to obtain maintenance' test. Note 2: Chapter 6 of
        the Social Security Act 1991 provides for review of decisions under
        this subsection. Secretary to tell Registrar about decision

"(4) As soon as practicable after the Secretary makes a decision under this
section, the Secretary must tell the Registrar about the decision. Secretary
to notify parties to the agreement about an adverse decision

"(5) As soon as practicable after the Secretary makes an adverse decision
under subsection (3), the Secretary must give each of the parties to the
agreement a written notice setting out the decision. Delegation

"(6) The Secretary may, by writing, delegate all or any of his or her powers
under this section to an officer of the Department of Social Security.".