Child Support (Registration and Collection) Act 1988
No. 3, 1988
Compilation No. 77
Compilation date: 1 July 2026
Includes amendments: Act No. 17, 2025
About this compilation
This compilation
This is a compilation of the Child Support (Registration and Collection) Act 1988 that shows the text of the law as amended and in force on 1 July 2026 (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. The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. Any uncommenced amendments affecting the law are accessible on the Register (www.legislation.gov.au).
Application, saving and transitional provisions
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.
Presentational changes
The Legislation Act 2003 provides for First Parliamentary Counsel to make presentational changes to a compilation. Presentational changes are applied to give a more consistent look and feel to legislation published on the Register, and enable the user to more easily navigate those documents.
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. Any modifications affecting the law are accessible on the Register.
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If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.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 I—Preliminary
1 Short title
2 Commencement
3 Objects of Act
3A Application of the Criminal Code
4 Interpretation
4A Use of computer programs to make decisions
5 Extension and application of Act in relation to maintenance of exnuptial children
6 Additional application of Act in relation to maintenance of children of marriages
7 Corresponding State laws
8 Act binds the Crown
9 External Territories
Part II—Administration
10 Child Support Registrar
10A Acting Child Support Registrar
11 Secretary to have general administration of Act
13 Child Support Register
14 Annual report
15 Delegation
16 Secrecy
16AA Offence of unauthorised use of information
16AB Multiple secrecy provisions
16A Applications, notices, elections to be in the manner specified by the Registrar
16B Registrar’s power to request tax file numbers
16C Registrar may require Commissioner to provide information
Part III—Registration of maintenance liabilities
Division 1—Registrable maintenance liabilities
17 Liabilities in relation to children that are registrable maintenance liabilities
17A Liabilities in relation to persons who have paid amounts where no liability to pay because the person is not the parent
18 Liabilities in relation to parties…
Overview
The Child Support (Registration and Collection) Act 1988 was enacted to ensure that children receive the financial support they are entitled to from their parents in a consistent and timely manner, and to enable Australia to meet its obligations under international agreements regarding maintenance payments. The Act was passed by the Australian Parliament, and its principal objective is to streamline the registration and collection processes of child support payments, thereby reducing the burden on the courts and administrative agencies. The Act also seeks to minimise the intrusion into the privacy of individuals involved in child support matters while fulfilling its primary purpose.
Scope and Application
The Child Support (Registration and Collection) Act 1988 applies to the collection and registration of certain maintenance liabilities in Australia. Specifically, it applies to periodic maintenance payments owed by parents or step-parents for the support of children, as well as payments owed by parties to a marriage or de facto relationship. The Act extends to all states and territories of Australia, with certain provisions applying to Western Australia. The Act also applies to certain maintenance obligations arising under international agreements. The Act is administered by the Child Support Registrar, who is the Chief Executive Officer of Services Australia. The Registrar has the power to make certain decisions and issue notices relating to the registration and collection of maintenance liabilities. Employers are required to withhold and remit certain amounts from employees' salaries to the Registrar. The Act provides for the enforcement of maintenance liabilities, including through court proceedings. It also includes provisions for the payment of child support debts and carer debts. Certain exclusions and thresholds apply, as well as modifications through subordinate instruments. The Act is intended to ensure that children receive the financial support they are entitled to from their parents or other liable parties, while also limiting interference with privacy to the greatest extent possible.
Key Provisions
- The Child Support (Registration and Collection) Act 1988 (the Act) establishes a framework for the registration and collection of child support payments in Australia. Key sections include those relating to the registration of maintenance liabilities (sections 17 to 18A), the enforcement of those liabilities (sections 43 to 44), the collection of child support debts (sections 66 to 69A), and the powers and duties of the Child Support Registrar (sections 10 to 16C). These sections outline the process for registering, varying, and enforcing maintenance liabilities, and the obligations of employers and payers to make deductions and remit payments to the Registrar.
- The Act imposes several obligations on the parties involved. For example, Section 23 requires the payee of a registrable maintenance liability to notify the Registrar when such a liability arises, and Section 24 mandates that the Registrar must register the liability in the Child Support Register. Additionally, Section 43 imposes a general duty on employers to automatically deduct child support payments from employees' salaries, while Section 50 requires employers to remit these deductions to the Registrar. Furthermore, Section 111 imposes duties on payers and payees, such as notifying the Registrar of changes in employment status or residence and forwarding copies of maintenance orders and agreements.
- Breach of the Act's provisions can lead to various penalties and consequences. For instance, Section 49 imposes a fine of up to 10 penalty units for failure to remit salary deductions to the Registrar. Section 58 makes it an offence for employers to disclose information related to child support liabilities, with penalties including fines of up to 20 penalty units. Section 72F sets out an offence provision for departure from Australia by debtors who have failed to pay child support, with a penalty of imprisonment for up to 12 months or a fine of up to 60 penalty units, or both. Section 119 imposes fines of up to 20 penalty units for making false or misleading statements to an officer. Finally, Section 121A allows for the imposition of fines of up to 20 penalty units for failure to comply with a notice to provide information or evidence under the Act.
- Area of Law
- Family Law
- Child Support
- Instrument
- Act
- Concepts
- Definitions & Interpretation
- Repeal & Amendment
- Regulatory Standards
- Enforcement Powers
- Civil Penalty Provisions
- Licensing & Registration