Commonwealth Numbered Acts

CHILD SUPPORT LEGISLATION AMENDMENT ACT 1995 No. 39 of 1995 - SCHEDULE

SCHEDULE AMENDMENTS OF THE SOCIAL SECURITY ACT 1991 RELATING TO DECISIONS OF
THE SECRETARY UNDER SECTION 91A OF THE CHILD SUPPORT (ASSESSMENT) ACT 1989 1.
Subsection 23(1) (definition of "officer"): Omit "or the Farm Household
Support Act 1992" (first occurring), substitute ", the
Farm Household Support Act 1992 or subsection 91A(3) of the
Child Support (Assessment) Act 1989". 2. Subsection 23(1) (definition of
"officer"): After "1321" insert "of this Act". 3. Paragraph 1239(1)(c): Add at
the end "or". 4. After paragraph 1239(1)(c): Insert: "(d) a decision of an
officer under subsection 91A(3) of the Child  Support (Assessment) Act 1989
;". 5. Paragraph 1240(1)(c): Add at the end "or". 6. After paragraph
1240(1)(c): Insert: "(d) a decision of an officer under subsection 91A(3) of
the Child  Support (Assessment) Act 1989 ;". 7. After subsection 1240(1):
Insert: "(1A) If an officer makes a decision under subsection 91A(3) of the
Child Support (Assessment) Act 1989 about a particular agreement, then, for
the purposes of the application of this section to the decision: (a) both of
the parties to the agreement are taken to be persons affected by the decision;
and (b) only one of the parties is entitled to apply for review of the
decision; and (c) if a party applies for review of the decision - the
Secretary must: (i) tell the other party, in writing, about the application;
and (ii) give both parties a reasonable opportunity to make a submission in
connection with the review. Note: Under section 1247, either party can apply
to the Social Security Appeals Tribunal for review of the decision as reviewed
by the Secretary or an authorised review officer.". 8. After subsection
1243(2): Insert: "(3) If: (a) a person makes a decision under subsection (1)
(the 'review decision'); and (b) the review decision relates to a decision
made under subsection 91A(3) of the Child Support (Assessment) Act 1989 about
a particular agreement; then, in addition to notifying the applicant of the
review decision, the person must give written notice of the review decision to
the other party to the agreement.". 9. Subsection 1244(1): Omit "a person
gives the applicant notice under subsection 1243(2)", substitute "a person
(the 'decision-maker') gives another person notice under subsection 1243(2) or
(3)". 10. Paragraph 1244(1)(a): Omit "applicant", substitute "other person".
11. Paragraph 1244(1)(a): Omit "person's", substitute "decision-maker's". 12.
Paragraph 1244(1)(b): Omit "person's", substitute "decision-maker's". 13.
Subparagraph 1244(1)(b)(ii): Omit "the person", substitute "the
decision-maker". 14. Paragraph 1244(1)(c): Omit "the person", substitute "the
other person". 15. Subsection 1245(1): Add at the end: "; and (c) all
decisions of an officer under subsection 91A(3) of the
Child Support (Assessment) Act 1989.". 16. After subsection 1247(1): Insert:
"(1AA) If an officer makes a decision under subsection 91A(3) of the
Child Support (Assessment) Act 1989 about a particular agreement, then, for
the purposes of the application of subsection (1) of this section to the
decision, both of the parties to the agreement are taken to be persons whose
interests are affected by the decision.". 17. Paragraph 1260(1)(c): Add at the
end "or (5)". 18. Section 1260: Add at the end: "(5) If one of the parties to
an agreement applies to the Social Security Appeals Tribunal for review of a
decision made under subsection 91A(3) of the
Child Support (Assessment) Act 1989 about the agreement, the National Convener
must order that the other party to the agreement be made a party to the
review. However, this rule does not apply if the other party to the agreement
gives the National Convener a written notice waiving his or her rights under
section 1247 and this section in relation to the review.". 19. Subsection
1263(1): Omit "or the Farm Household Support Act 1992", substitute ", the
Farm Household Support Act 1992 or subsection 91A(3) of the
Child Support (Assessment) Act 1989". 20. Section 1264: Add at the end: "(4)
If an officer makes a decision under subsection 91A(3) of the
Child Support (Assessment) Act 1989 about a particular agreement, then, for
the purposes of the application of subsection (1) of this section to the
decision, both of the parties to the agreement are taken to be persons whose
interests are affected by the decision.". 21. Paragraph 1279(1)(a): Omit "or
the Farm Household Support Act 1992", substitute ", the
Farm Household Support Act 1992 or subsection 91A(3) of the
Child Support (Assessment) Act 1989". 22. After paragraph 1279(5)(ab): Insert:
"(ac) subsection 91A(3) of the Child Support (Assessment) Act 1989; or". 23.
After paragraph 1281(1)(b): Insert: "(ba) if a person gave the National
Convener a notice under subsection 1260(5) in connection with the review -
give that person a copy of the statement referred to in paragraph (a) within
14 days after the determination of the review; and". 24. Subsection 1282(1):
Omit "or the Farm Household Support Act 1992", substitute ", the
Farm Household Support Act 1992 or subsection 91A(3) of the
Child Support (Assessment) Act 1989". 25. Section 1283: Add at the end: "(5)
If an officer makes a decision under subsection 91A(3) of the
Child Support (Assessment) Act 1989 about a particular agreement, then, for
the purposes of the application of the Administrative Appeals  Tribunal Act
1975 to, or to a matter arising out of, the decision, both of the parties to
the agreement are taken to be persons whose interests are affected by the
decision.".