AustLII Tasmanian Consolidated Acts

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CHILDREN, YOUNG PERSONS AND THEIR FAMILIES ACT 1997 - SECT 74

74. Contribution order

      (1) On the application of the Secretary, the Court may order one or more persons specified in section 73 to pay to the Secretary in respect of the maintenance of a child who is under the guardianship or in the custody of the Secretary the contributions specified in the order in the manner specified in the order.

      (2) In determining whether to make a contribution order or the amount of the contributions to be specified in the order, the Court must have regard to –

(a) any contributions paid or being paid in respect of the maintenance of the child by any person; and

(b) the relationship to the child of the person against whom the order will be or is made and his or her ability to make contributions.

      (3) A contribution order may be made in respect of any period during which the child is under the guardianship or in the custody of the Secretary whether or not the child is under the guardianship or in the custody of the Secretary when the application or order is made.

      (4) On the application of a party to a contribution order, the Court may vary or revoke the contribution order.

      (5) A statement in an application by the Secretary under this section that –

(a) a particular person is able to make contributions towards the maintenance of a child; or

(b) an amount is being or has been expended, or is owing, for or in respect of the maintenance of a child –

is evidence of that fact.

      (6) A contribution order is taken to be a judgment of the Magistrates Court (Civil Division) and is enforceable under the Magistrates Court (Civil Division) Act 1992.

      (7) The Secretary may determine in which Magistrates Court (Civil Division) the contribution order is to be enforced.



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