Child Support (Assessment) Regulations 2018

Administered by Department of Social Services

Legislation au F2018L00307 Regulations In force Legislative Instrument

Legislation content

Child Support (Assessment) Regulations 2018

made under the

Child Support (Assessment) Act 1989

Compilation No. 2

Compilation date: 14 October 2024

Includes amendments: F2024L01299

About this compilation

This compilation

This is a compilation of the Child Support (Assessment) Regulations 2018 that shows the text of the law as amended and in force on 14 October 2024 (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 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 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 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If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.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

Part 1—Preliminary

1 Name

3 Authority

5 Definitions

Part 2—Children who may be covered by the Act

6 Exclusion of certain children

Part 3—Applications to Registrar for administrative assessment of child support

7 Prescribed overseas jurisdictions

8 Actions that may be taken by an overseas authority of a reciprocating jurisdiction for a person

9 Excluded reciprocating jurisdictions

Part 4—Administrative assessment of child support

11 Adjusted taxable income—prescribed circumstances

12 Overseas income—conversion of currency

13 Prescribed payments

14 Conversion of annual rates into daily rates of payment

Part 5—Consent arrangements

15 Conversion of periodic amounts into annual rates

Part 6—Administration

16 Circumstances in which Registrar’s jurisdiction ceases

Part 7—Miscellaneous

17 Scales of expenses

18 Service of orders

19 Service of notices etc.

20 Address for service

21 Service of documents in Australia for overseas authority

22 Giving notices or other communications in reciprocating jurisdictions

23 Date of making of application etc.

24 Documents taken to be duly signed

Endnotes

Endnote 1—About the endnotes

Endnote 2—Abbreviation key

Endnote 3—Legislation history

Endnote 4—Amendment history

 

Part 1—Preliminary

 

1  Name

  This instrument is the Child Support (Assessment) Regulations 2018.

3  Authority

  This instrument is made under the Child Support (Assessment) Act 1989.

5  Definitions

Note: A number of expressions used in this instrument…

Overview

The Child Support (Assessment) Regulations 2018 were enacted to provide further detail and operational guidelines for the Child Support (Assessment) Act 1989. This Act was introduced by the Parliament of Australia to establish a framework for the assessment of child support obligations, ensuring that children receive adequate financial support from their parents. The Regulations aim to address procedural and administrative aspects that are not covered in detail within the primary Act. These include procedures for the administrative assessment of child support, the handling of overseas income and jurisdictions, and the methods for converting periodic payments into annual rates. The Regulations were made under the authority of the Child Support (Assessment) Act 1989 and are designed to facilitate the effective implementation of the Act by providing clear, detailed rules and guidelines for the Registrar and other relevant authorities. The policy objective behind these Regulations is to streamline the assessment process, ensuring that child support is calculated and paid efficiently and fairly.

Scope and Application

The Child Support (Assessment) Regulations 2018 applies to the assessment of child support in Australia, made under the Child Support (Assessment) Act 1989. These regulations cover the administrative assessment of child support for children who are not in the custody of, or under the guardianship, care and control or supervision of, a person under a child welfare law of Western Australia or South Australia. The regulations extend to prescribed overseas jurisdictions and reciprocating jurisdictions, excluding specific countries and territories such as Brunei Darussalam, Cook Islands, Israel, Niue, Papua New Guinea, Samoa, and the Yukon Territory of Canada. The regulations specify actions that may be taken by an overseas authority of a reciprocating jurisdiction for a person, such as making an election under the Act or appealing a decision. The application of these regulations can be modified through subordinate instruments, which may include amendments and editorial changes not altering the effect of the law. These changes are detailed in the endnotes and are accessible on the Register. The regulations include provisions for the conversion of currency, prescribed payments, and the conversion of annual rates into daily rates of payment, among other administrative details.

Key Provisions

  • The Child Support (Assessment) Regulations 2018, made under the Child Support (Assessment) Act 1989, outline the framework for the assessment and administration of child support. The regulations include provisions for determining eligibility of children, administrative assessments, and the conversion of income and payments. Specifically, Section 6 excludes certain children from eligibility if they are in the custody or under the care of a person under child welfare laws in Western Australia or South Australia. Section 11 prescribes circumstances under which a parent’s adjusted taxable income can be assessed if information was not provided initially, such as serious illness or imprisonment. The conversion of overseas income into Australian currency is addressed in Section 12, which mandates using the average exchange rate for the financial year or an appropriate rate if unavailable. Prescribed payments, such as National Disability Insurance Scheme (NDIS) amounts and certain pensions, are defined in Section 13, which also includes specific conditions for pension payments.
  • The regulations impose obligations on parties to provide accurate information for assessments, including adjusted taxable income and overseas income. They also mandate the conversion of various payment frequencies into annual rates, as detailed in Section 15, to ensure consistent child support calculations. Additionally, they establish the method for serving notices and documents, both domestically and internationally, as outlined in Sections 18 to 22. These sections specify the manner of service, the presumption of service by post, and the allowance for electronic communication where consent is given.
  • Violations of these regulations may result in civil or administrative penalties. For instance, failure to provide accurate information or comply with assessment requirements can lead to reassessments or adjustments in child support payments. Additionally, Section 24 stipulates that documents bearing the Registrar’s name or a delegate’s name are deemed duly signed unless proven otherwise, underscoring the importance of adherence to procedural requirements. Non-compliance with service of notices or other communications could also result in legal challenges or delays in child support proceedings.

Legal classification tags

Area of Law
Child Support Law
Instrument
Regulation
Concepts
Definitions & Interpretation
Reporting & Disclosure Obligations
Enforcement Powers
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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.