EXPLANATORY STATEMENT
Select Legislative Instrument 2007 No. 220
Issued by the Authority of the Minister for Families, Community Services and Indigenous Affairs
Child Support (Assessment) Act 1989
Child Support (Assessment) (Overseas-related Maintenance Obligations) (Repeal) Regulations 2007
The Child Support (Assessment) Act 1989 (the Act) provides for the assessment of the level of parents’ child support liabilities for their children.
Section 164 of the Act provides, in part, that the Governor‑General may make regulations, not inconsistent with the Act, prescribing all matters required or permitted by the Act to be prescribed, or necessary or convenient to be prescribed, for carrying out or giving effect to the Act.
Section 163B of the Act provides that regulations, which may be inconsistent with the Act, may make provision for, and in relation to, giving effect to certain maintenance obligations, either under an international agreement or arising where one of the parties is in a reciprocating jurisdiction. The Child Support (Assessment) (Overseas-related Maintenance Obligations) Regulations 2000 (the Overseas Assessment Regulations) are in force to this effect.
The Act is being amended by the Families, Community Services and Indigenous Affairs Legislation Amendment (Child Support Reform Consolidation and Other Measures) Act 2007 (the Amending Act) to relocate into the Act most of the provisions in the Overseas Assessment Regulations.
The remaining provisions in the Overseas Assessment Regulations are too few to retain and, separately, those provisions are being relocated into the Child Support (Assessment) Regulations 1989. Accordingly, the Overseas Assessment Regulations are redundant and they are being repealed by these Regulations.
Details of the Regulations are set out below.
The Regulations are a legislative instrument for the purposes of the Legislative Instruments Act 2003.
The Regulations commence on the commencement of Part 1 of Schedule 2 to the Amending Act which will be 28 days after the Amending Act received Royal Assent, to coincide with the commencement of the amendments made by the Amending Act.
Consultation
No consultation in relation to these Regulations was undertaken because they do not have a direct or significant indirect impact on business and do not restrict competition. Furthermore, the amendments are of a minor or machinery nature, not substantially altering existing arrangements.
Details of the Regulations
Regulation 1 – Name of Regulations
This regulation provides that the title of the Regulations is the Child Support (Assessment) (Overseas-related Maintenance Obligations) (Repeal) Regulations 2007.
Regulation 2 – Commencement
This regulation provides for the Regulations to commence on the commencement of Part 1 of Schedule 2 to the Amending Act. Part 1 of Schedule 2 to the Amending Act commences 28 days after Royal Assent to the Amending Act. Because Royal Assent was given on 21 June 2007, the Part commences on 19 July 2007.
Regulation 3 – Repeal
This regulation would provide that the Overseas Assessment Regulations are repealed.
Overview
The Child Support (Assessment) (Overseas-related Maintenance Obligations) (Repeal) Regulations 2007 were issued under the authority of the Minister for Families, Community Services and Indigenous Affairs to repeal the Child Support (Assessment) (Overseas-related Maintenance Obligations) Regulations 2000. This repeal was necessitated by the Families, Community Services and Indigenous Affairs Legislation Amendment (Child Support Reform Consolidation and Other Measures) Act 2007, which relocated most of the provisions of the overseas assessment regulations into the Child Support (Assessment) Act 1989. The remaining provisions were deemed too minor to retain separately and were relocated into the Child Support (Assessment) Regulations 1989. The regulations commenced on 19 July 2007, 28 days after Royal Assent to the amending act, to align with the commencement of the amendments. No consultation was undertaken as the regulations were deemed to have no significant impact on business or competition, and the amendments were minor in nature, not substantially altering existing arrangements.
Scope and Application
The Child Support (Assessment) Act 1989 applies to the assessment of child support liabilities of parents in Australia, focusing on the determination of financial responsibilities parents have towards their children. This Act primarily targets parents, guardians, and other individuals responsible for the care and upbringing of children, as well as the entities or agencies involved in administering and enforcing child support obligations. The Act operates within the Commonwealth jurisdiction, ensuring uniformity in the assessment and enforcement of child support obligations across Australia. The scope of the Act is extended and detailed through subordinate instruments, such as the Child Support (Assessment) (Overseas-related Maintenance Obligations) (Repeal) Regulations 2007, which further specify the procedures and requirements for overseas-related maintenance obligations. Notably, these Regulations are being repealed and their provisions are being integrated into the Act itself, as part of broader child support reforms. The repeal aims to streamline and consolidate child support assessment regulations, making them more coherent and easier to administer.
Key Provisions
The Child Support (Assessment) (Overseas-related Maintenance Obligations) (Repeal) Regulations 2007 (Regulations) serve to repeal the Child Support (Assessment) (Overseas-related Maintenance Obligations) Regulations 2000 (Overseas Assessment Regulations). These Regulations are a consolidation measure that integrates the provisions of the Overseas Assessment Regulations into the Child Support (Assessment) Act 1989 (the Act). Specifically, Regulation 3 repeals the Overseas Assessment Regulations, which have become redundant as most of their provisions are being relocated into the Act itself. The Regulations came into effect on 19 July 2007, 28 days after the Families, Community Services and Indigenous Affairs Legislation Amendment (Child Support Reform Consolidation and Other Measures) Act 2007 received Royal Assent.
Under these Regulations, the obligations and requirements for the parties and entities governed by the Act are primarily concerned with the assessment of child support liabilities. The Act mandates that the level of child support liabilities for parents be assessed according to the provisions set forth in the Act and the Regulations. These obligations are designed to ensure that child support payments are calculated and enforced fairly and effectively, taking into account the needs of the child and the financial capacity of the parents. The Act and the Regulations provide the framework for these assessments, including the methods and criteria that must be applied.
The Act and the Regulations impose several obligations on the parties involved. These include the requirement for parents to provide accurate information about their income and assets, the necessity for the relevant authorities to assess the child support obligations based on the provided information, and the obligation to enforce the child support orders. Additionally, the Act and the Regulations mandate that the assessment process be conducted in a manner that is fair and equitable, ensuring that the best interests of the child are paramount. The Regulations also stipulate that the assessment process should be transparent and that parents have the right to appeal any decisions made under the Act.
There are no specific offences, penalties, or civil/criminal consequences outlined in the explanatory statement for the breach of the provisions in the Act or the Regulations. However, it is implied that breaches of the Act's provisions, which govern child support assessments, could lead to legal consequences. Under the Child Support (Assessment) Act 1989, failure to comply with the assessment process or to make required child support payments can result in enforcement actions. These may include court orders, fines, or other legal remedies to ensure compliance. The Act and the Regulations are designed to provide a robust framework for the enforcement of child support obligations, ensuring that children receive the support they need from their parents.