Child Support (Assessment) Amendment Regulations 1999 (No. 1) 1999 No. 5
EXPLANATORY STATEMENT
Statutory Rules 1999 No. 5
Issued by the Authority of the Minister for Family and Community Services
Child Support (Assessment) Act 1989
Child Support (Assessment) Amendment Regulations 1999 (No. 1)
Section 164 of the Child Support (Assessment) Act 1989 (the Act) provides that the Governor-General may make Regulations for the purposes of the Act.
The Act provides for the administrative assessment of child support by the Child Support Registrar for eligible children.
The purpose of the Regulation is to detail those children not covered by the Act. The reason for the current amendment arises as a consequence of recent changes to the Victorian Commonwealth Powers (Family Law - Children) Act 1986.
Regulation 4 - (Exclusion of Certain Children)
Section 22 of the Child Support (Assessment) Act 1989 provides for a child in the custody of, or under the guardianship, care and control or supervision of, a person under a child welfare law of certain states or territories to be excluded from the operation of the Assessment Act. Regulation 4 of the Child Support (Assessment) Regulations lists those states excluding a child who is the subject of an order in force for each State until the State to whose welfare the child is subject has referred the necessary power to the Commonwealth.
The Victorian Department of Justice has advised of recent amendments to their Commonwealth Powers (Family Law - Children) Act 1986 effected by the Commonwealth Powers (Family Law - Children) Amendment Act 1997. The effect of these amendments is that Victoria has referred the relevant powers to the Commonwealth with the result that children who are subject to a child welfare law of the State of Victoria will no longer be excluded from the provisions of the Child Support (Assessment) Act 1989.
Implementation of the referral of those powers requires that a Proclamation under the Family Law Act 1975 be made with amendments to both the Family Law Regulations and Child Support (Assessment) Regulations. Regulation 4 has been amended to remove the reference to Victoria.
The Regulations commence on gazettal.
Overview
The Child Support (Assessment) Amendment Regulations 1999 (No. 1), enacted under section 164 of the Child Support (Assessment) Act 1989, were established by the Minister for Family and Community Services to amend the existing regulations governing the administrative assessment of child support. This amendment was prompted by recent changes to the Victorian Commonwealth Powers (Family Law - Children) Act 1986, specifically the Commonwealth Powers (Family Law - Children) Amendment Act 1997, which resulted in Victoria referring the relevant powers to the Commonwealth. Consequently, children who are subject to a child welfare law in Victoria are no longer excluded from the provisions of the Child Support (Assessment) Act 1989. Regulation 4 has been updated to reflect this change by removing the reference to Victoria, thereby integrating these children into the child support assessment framework. These regulations were designed to ensure that the administrative process aligns with the updated jurisdictional powers, and they came into effect upon gazettal.
Scope and Application
The Child Support (Assessment) Amendment Regulations 1999 (No. 1) pertain to the administrative assessment of child support as outlined in the Child Support (Assessment) Act 1989. These regulations specifically address the inclusion of children in the custody or under the guardianship, care, control, or supervision of a person under a child welfare law of certain states or territories. Initially, Regulation 4 excluded such children from the operation of the Assessment Act, listing states with orders in force that excluded children until the respective state referred the necessary power to the Commonwealth. However, following recent amendments to the Victorian Commonwealth Powers (Family Law - Children) Act 1986, Victoria has referred the relevant powers to the Commonwealth. Consequently, children subject to Victoria's child welfare laws are no longer excluded from the provisions of the Child Support (Assessment) Act 1989. The regulation has been amended to reflect this change by removing Victoria from the list of states excluded, thereby ensuring that the Act now applies to children in Victoria's care. These amendments necessitate a proclamation under the Family Law Act 1975 and consequential changes to both the Family Law Regulations and the Child Support (Assessment) Regulations, which will come into effect upon gazettal.
Key Provisions
The main provisions of the Child Support (Assessment) Amendment Regulations 1999 (No. 1) include the amendment to Regulation 4 (Exclusion of Certain Children) (paragraph 4). This amendment removes Victoria from the list of states where children in child welfare laws are excluded from the operation of the Child Support (Assessment) Act 1989. This change comes into effect following the recent amendments to the Victorian Commonwealth Powers (Family Law - Children) Act 1986, which have transferred the relevant powers to the Commonwealth. As a result of these changes, children in Victoria who are subject to child welfare laws are now covered by the Child Support (Assessment) Act 1989.
The Regulations impose obligations on the Child Support Registrar to include children in Victoria who are subject to child welfare laws within the scope of the Child Support (Assessment) Act 1989. This includes the assessment of child support for these children. The Registrar must ensure that these children are no longer excluded from the provisions of the Act, in line with the recent legislative changes.
Breaches of the amended Regulations may result in civil or criminal consequences, although the specific offences, penalties, or consequences are not explicitly detailed in the text. Given the nature of the Child Support (Assessment) Act 1989, non-compliance with the Act and its Regulations could potentially lead to legal action against the Registrar or other relevant parties. However, the exact penalties or consequences for breach are not specified within the provided text. It is important for the practising lawyer to refer to the full Act and any relevant case law for more detailed information on potential consequences.