Child Support (Assessment) Amendment Regulations 1999 (No. 2) 1999 No. 103
EXPLANATORY STATEMENT
Statutory Rules 1999 No. 103
Issued by the Authority of the Minister for Community Services
Child Support (Assessment) Act 1989
Child Support (Assessment) Amendment Regulations 1999 (No. 2)
Section 164 of the Child Support (Assessment) Act 1989 (the Act) provides that the Governor-General may make regulations prescribing matters required to give effect to the Act.
The Principal Regulations have been amended as a consequence of amendments made to the Act by the Child Support Legislation Amendment Act 1998 (the Amendment Act).
The Act makes provision for determining the financial support payable by parents for their children. Where care of a child is shared this may be taken account in determining the annual rate of child support payable.
The Act provides how a parent's entitlement to child support is calculated where a court order or registered parenting plan dealing with the care of a child is in force. A person who has more care than is provided for in a court order or registered parenting plan will be taken to have care only to the level specified in the order or parenting plan. The person who has less care as a result of the contravention will be taken to have care only to the level of their actual care of the child.
There may be circumstances in which parents agree to contravene a court order or registered parenting plan. If the Registrar is satisfied that a person has a reasonable excuse for contravening the order the Registrar will calculate the assessment based on the parents actual level of care.
The new regulations specify those circumstances in which the Registrar will be satisfied that a person has a reasonable excuse for contravening a court order or registered parenting plan.
The Act ensures that paying parents subject to an administrative assessment have a total minimum annual rate of child support payable of $260. Where there is more than one carer entitled to receive child support from the paying parent the minimum total amount of $260 will be apportioned amongst the carers according to the number of children in their care. This enables calculation of an annual rate of child support payable to each carer.
The new regulations will detail the formula to. be used in apportioning the $260 minimum amount between carers.
A minimum amount of child support will be payable by all paying parents. The minimum amount will be $260 and that debt cannot be waived by the Registrar.
Instead paying parents will be able to apply to the Registrar to have the minimum amount reduced to nil where they have actual income less than $260.
The new regulations will prescribe the form which an application for reduction of a liability to nil must take.
Subregulation 12(1) of the Principal Regulations allows the date of application to be that date on which an application is received in either the Child Support Agency, the Australian Taxation Office or the former Department of Social Security.
Subregulation 12(1) has been amended to reflect the change from Department of Social Security to Commonwealth Services Delivery Agency (Centrelink).
The Regulations commence on 1 July 1999.
Overview
The Child Support (Assessment) Amendment Regulations 1999 (No. 2) were enacted to amend the existing Child Support (Assessment) Regulations under the Child Support (Assessment) Act 1989. This legislative instrument was issued by the Minister for Community Services and aims to address the need for updated regulatory provisions following amendments made by the Child Support Legislation Amendment Act 1998. These regulations provide further detail on the calculation and enforcement of child support payments, particularly in cases where parents share care of a child and where there are deviations from court orders or registered parenting plans. The regulations ensure that a minimum annual child support payment of $260 is upheld and detail the formula for apportioning this minimum amount among multiple carers. Additionally, the regulations clarify the process for paying parents to apply for a reduction of their minimum child support liability to nil if their actual income falls below the threshold. These amendments aim to provide clarity and ensure the consistent application of child support laws.
Scope and Application
The Child Support (Assessment) Amendment Regulations 1999 (No. 2) pertain to the Child Support (Assessment) Act 1989, applying to parents involved in administrative assessments of child support payments, as well as entities and individuals who may contravene court orders or registered parenting plans regarding child care. These regulations govern the calculation and enforcement of child support payments across the Commonwealth of Australia, ensuring consistency and fairness in the assessment process. They specify circumstances where a reasonable excuse for contravening court orders or parenting plans may be considered and detail the formula for apportioning the minimum annual child support payment of $260 among carers. This Act sets out that the minimum payment cannot be waived, although parents with incomes below this amount can apply for a reduction to nil. The regulations also update the administrative references to reflect changes in governmental departments, such as the transition from the Department of Social Security to the Commonwealth Services Delivery Agency (Centrelink). These regulations commenced on 1 July 1999 and are subject to further specification through subordinate instruments to ensure comprehensive application and enforcement of the Act.
Key Provisions
The Child Support (Assessment) Amendment Regulations 1999 (No. 2) amend the principal regulations under the Child Support (Assessment) Act 1989, primarily in response to changes made by the Child Support Legislation Amendment Act 1998. The most significant changes are introduced in sections 3 to 6 of these regulations, which address the calculation of child support payable by parents, the circumstances under which the Registrar may consider a reasonable excuse for contravening a court order or registered parenting plan, and the formula for apportioning the minimum annual rate of child support among multiple carers. Section 3 specifies the circumstances under which the Registrar will be satisfied that a person has a reasonable excuse for contravening a court order or registered parenting plan. This is crucial for ensuring that the child support assessment accurately reflects the actual care arrangements of the parents, even when there is a contravention of a court order or registered parenting plan. Section 4 details the formula used to apportion the minimum total annual rate of child support among multiple carers, ensuring that each carer receives a fair share based on the number of children in their care. Section 5 sets out the form and process for applying to reduce the minimum child support liability to nil, providing a mechanism for parents with very low incomes to avoid paying the minimum amount.
The regulations impose obligations on parents and the Registrar of the Child Support Agency. Parents must provide accurate information about their income and the care arrangements for their children to enable the Registrar to make an accurate assessment of child support payable. The Registrar is required to apply the specified formulas and consider reasonable excuses for contraventions of court orders or registered parenting plans. These obligations ensure that the child support assessments are fair and reflect the actual circumstances of the parents and children involved.
Failure to comply with these regulations may result in civil or criminal consequences. The Act and the regulations provide for penalties where there is an intentional failure to comply with the requirements to provide information or to pay child support. The specific penalties are not detailed in the explanatory statement, but under the Child Support (Assessment) Act 1989, penalties can include fines and, in serious cases, imprisonment. The maximum penalties would depend on the specific provisions of the Act and the nature of the breach. The regulations also ensure that the minimum annual rate of child support payable is $260, which cannot be waived by the Registrar, providing a safeguard for the financial needs of the children involved.