Child Support (Assessment) Regulations 1989
Statutory Rules No. 259, 1989
made under the
Child Support (Assessment) Act 1989
Compilation No. 19
Compilation date: 1 July 2016
Includes amendments up to: F2016L00701
Registered: 5 July 2016
About this compilation
This compilation
This is a compilation of the Child Support (Assessment) Regulations 1989 that shows the text of the law as amended and in force on 1 July 2016 (the compilation date).
The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.
Uncommenced amendments
The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Legislation Register (www.legislation.gov.au). The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the series page on the Legislation Register for the compiled law.
Application, saving and transitional provisions for provisions and amendments
If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.
Editorial changes
For more information about any editorial changes made in this compilation, see the endnotes.
Modifications
If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the series page on the Legislation Register for the compiled law.
Self‑repealing provisions
If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.
Contents
1 Commencement
2 Name of regulations
3 Interpretation
4 Exclusion of certain children
4B Prescribed overseas jurisdictions (Act s 29)
4C Actions that may be taken by an overseas authority of a reciprocating jurisdiction
5 Excluded reciprocating jurisdictions (Act s 30A)
7 Taxable income—prescribed provisions and circumstances
7A Factor for making a determination
7B Adjusted taxable income—prescribed circumstances
7C Overseas income—conversion of currency
7D Prescribed payments
8 Conversion of annual rates into daily rates of payment—child support period starting on or after 1 July 1999
8A Conversion of periodic amounts into annual rates
9A Circumstances in which Registrar’s jurisdiction ceases (Act s 150DA)
10 Scale of expenses under subsection 161(2) of the Act
11 Service of orders
11A Service of notices etc
11AA Service of documents in Australia for overseas authority
11B Address for service
11C Giving notices or other communications in reciprocating jurisdictions (Act s162B)
12 Date of making of application etc
13 Documents taken to be duly signed
Schedule—Expenses to be allowed to person required to attend under section 161 of the Act
Endnotes
Endnote 1—About the endnotes
Endnote 2—Abbreviation key
Endnote 3—Legislation history
Endnote 4—Amendment…
Overview
The Child Support (Assessment) Regulations 1989 were enacted to provide detailed rules and procedures for the assessment of child support obligations under the Child Support (Assessment) Act 1989. These regulations were made by the Parliament of Australia and were designed to ensure that child support payments are calculated accurately and fairly, taking into account the income and other relevant circumstances of the parents involved. The regulations cover various aspects such as the exclusion of certain children from eligibility, the conversion of income and rates of payment, and the service of documents and notices. The objective of these regulations is to support the policy of the Child Support (Assessment) Act by establishing a systematic and transparent framework for the assessment of child support, ultimately aiming to ensure that children receive adequate financial support from both parents.
Scope and Application
The Child Support (Assessment) Regulations 1989 apply to the administration and assessment of child support obligations under the Child Support (Assessment) Act 1989. These regulations cover the calculation and assessment of child support payments, the conversion of overseas income into Australian currency, and the service of orders and notices related to child support. They apply to natural persons and legal entities who are subject to the Act, including parents and the Registrar of the Child Support Agency. The regulations also apply to reciprocating jurisdictions that have entered into an international maintenance arrangement with Australia, with some jurisdictions excluded. The regulations have a national reach within Australia and extend to prescribed overseas jurisdictions that are parties to the international maintenance arrangements. Certain children are excluded from being eligible for child support under these regulations if they are under the care of child welfare laws in Western Australia or South Australia. The application of these regulations can be extended or restricted through subordinate instruments, which provide further details and amendments to the primary legislation.
Key Provisions
- The Child Support (Assessment) Regulations 1989 provide detailed rules under the Child Support (Assessment) Act 1989. They outline specific procedures and requirements for assessing child support obligations. For instance, Regulation 4 excludes certain children from being considered as eligible for child support if they are under the care or supervision of a person under a child welfare law of Western Australia or South Australia. Regulation 7A specifies the factor used to determine a parent's adjusted taxable income based on changes in the all employees average weekly total earnings.
- These Regulations impose various obligations on parties involved in child support assessments. For example, Regulation 11A details the methods by which notices or communications can be served on individuals or corporate bodies, including personal delivery, leaving at an address, or sending by pre-paid post. Regulation 11B provides that the last notified address for service is considered the person's address for all service purposes under the Act and Regulations. Regulation 12 stipulates that an application or election is deemed to be made on the day it is received in specified offices, ensuring a clear timeline for processing.
- The Regulations also include provisions for penalties and consequences of non-compliance. For instance, failure to adhere to the prescribed procedures for service of notices or documents could result in the invalidity of the communication, potentially affecting the legal proceedings or administrative actions related to child support. Additionally, any misstatements or omissions in required information could lead to incorrect assessments, which might be subject to review and correction by the relevant authorities.
- In summary, the Child Support (Assessment) Regulations 1989 lay down comprehensive guidelines for the assessment and enforcement of child support obligations, ensuring that all parties are aware of their responsibilities and the consequences of non-compliance.
- Area of Law
- Family Law
- Instrument
- Regulation
- Concepts
- Definitions & Interpretation
- Reporting & Disclosure Obligations
- Licensing & Registration
- Enforcement Powers
- Regulatory Standards
