Child Support (Assessment) (Minimum and Fixed Annual Rates) Notice 2023

Overview

The Child Support (Assessment) (Minimum and Fixed Annual Rates) Notice 2023, gazetted on 24 November 2023, sets forth the minimum annual rate and the fixed annual rate for child support payments in Australia for the calendar year 2024. Enacted by the Child Support Registrar, Chris Birrer, this notice is made under the authority conferred by section 155(1) of the Child Support (Assessment) Act 1989. This legislative instrument aims to ensure that the rates of child support reflect the economic context and needs of families, particularly focusing on providing adequate financial support to children from low-income households. The notice specifies that the minimum annual rate for child support will be $519, while the fixed annual rate for low-income parents not on income support is set at $1,720, thereby addressing the economic realities faced by families and ensuring children receive necessary financial support.

Scope and Application

The Child Support (Assessment) (Minimum and Fixed Annual Rates) Notice 2023 applies to all child support periods commencing in the calendar year 2024, setting the minimum annual rate of child support at $519 and specifying the annual rate for low-income parents not receiving income support at $1,720. This notice is issued under section 155(1) of the Child Support (Assessment) Act 1989 and applies across the Commonwealth of Australia, impacting parents involved in child support assessments and payments. The notice sets the parameters for child support calculations for the specified year, ensuring that the rates are consistently applied across all jurisdictions within Australia. The notice does not specify any exclusions, exemptions, or thresholds beyond the rates themselves, and its application is straightforward without the need for subordinate instruments to extend or restrict its scope.

Key Provisions

The Child Support (Assessment) (Minimum and Fixed Annual Rates) Notice 2023 specifies the minimum and fixed annual rates of child support for the calendar year 2024 as stipulated in sections 155(1) of the Child Support (Assessment) Act 1989. For all child support periods commencing in 2024, the minimum annual rate of child support is set at $519, as outlined in paragraph (a) of the notice. Additionally, for low-income parents who are not receiving income support, the annual rate of child support is set at $1,720, as referenced in subsection 65A(2) of the same Act, and detailed in paragraph (b) of the notice. This notice establishes the financial baseline and specific rate for parents who fall under the category of low income and are not on income support. The Act imposes obligations on parents to ensure that they provide child support according to these set rates. For those parents whose income places them within the specified categories, they are required to pay child support at the rates determined by the notice. This includes ensuring timely payments to the receiving party, whether that be the other parent or a government agency acting on behalf of the child. The Act further mandates that any disputes regarding the assessment of child support must be resolved in accordance with the provisions of the Child Support (Assessment) Act 1989. Failure to comply with the obligations set forth by the Child Support (Assessment) Act 1989 can result in significant legal consequences. Under section 171 of the Act, a person who fails to comply with an assessment or a requirement to pay child support may be subject to civil or criminal penalties. Civil penalties can include fines, and in severe cases, criminal penalties may be imposed, which could result in imprisonment. The exact penalties and the process for enforcement are detailed in the primary legislation and are subject to the discretion of the courts.