Child Support (Assessment) Regulations 2018
made under the
Child Support (Assessment) Act 1989
Compilation No. 2
Compilation date: 14 October 2024
Includes amendments: F2024L01299
About this compilation
This compilation
This is a compilation of the Child Support (Assessment) Regulations 2018 that shows the text of the law as amended and in force on 14 October 2024 (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. Any uncommenced amendments affecting the law are accessible on the Register (www.legislation.gov.au). The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the Register for the compiled law.
Application, saving and transitional provisions for provisions and amendments
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.
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. For more information on any modifications, see the Register for the compiled law.
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If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.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 1—Preliminary
1 Name
3 Authority
5 Definitions
Part 2—Children who may be covered by the Act
6 Exclusion of certain children
Part 3—Applications to Registrar for administrative assessment of child support
7 Prescribed overseas jurisdictions
8 Actions that may be taken by an overseas authority of a reciprocating jurisdiction for a person
9 Excluded reciprocating jurisdictions
Part 4—Administrative assessment of child support
11 Adjusted taxable income—prescribed circumstances
12 Overseas income—conversion of currency
13 Prescribed payments
14 Conversion of annual rates into daily rates of payment
Part 5—Consent arrangements
15 Conversion of periodic amounts into annual rates
Part 6—Administration
16 Circumstances in which Registrar’s jurisdiction ceases
Part 7—Miscellaneous
17 Scales of expenses
18 Service of orders
19 Service of notices etc.
20 Address for service
21 Service of documents in Australia for overseas authority
22 Giving notices or other communications in reciprocating jurisdictions
23 Date of making of application etc.
24 Documents taken to be duly signed
Endnotes
Endnote 1—About the endnotes
Endnote 2—Abbreviation key
Endnote 3—Legislation history
Endnote 4—Amendment history
Part 1—Preliminary
1 Name
This instrument is the Child Support (Assessment) Regulations 2018.
3 Authority
This instrument is made under the Child Support (Assessment) Act 1989.
5 Definitions
Note: A number of expressions used in this instrument…
Overview
The Child Support (Assessment) Regulations 2018 were enacted to provide further detail and operational guidelines for the Child Support (Assessment) Act 1989. This Act was introduced by the Parliament of Australia to establish a framework for the assessment of child support obligations, ensuring that children receive adequate financial support from their parents. The Regulations aim to address procedural and administrative aspects that are not covered in detail within the primary Act. These include procedures for the administrative assessment of child support, the handling of overseas income and jurisdictions, and the methods for converting periodic payments into annual rates. The Regulations were made under the authority of the Child Support (Assessment) Act 1989 and are designed to facilitate the effective implementation of the Act by providing clear, detailed rules and guidelines for the Registrar and other relevant authorities. The policy objective behind these Regulations is to streamline the assessment process, ensuring that child support is calculated and paid efficiently and fairly.
Scope and Application
The Child Support (Assessment) Regulations 2018 applies to the assessment of child support in Australia, made under the Child Support (Assessment) Act 1989. These regulations cover the administrative assessment of child support for children who are not in the custody of, or under the guardianship, care and control or supervision of, a person under a child welfare law of Western Australia or South Australia. The regulations extend to prescribed overseas jurisdictions and reciprocating jurisdictions, excluding specific countries and territories such as Brunei Darussalam, Cook Islands, Israel, Niue, Papua New Guinea, Samoa, and the Yukon Territory of Canada. The regulations specify actions that may be taken by an overseas authority of a reciprocating jurisdiction for a person, such as making an election under the Act or appealing a decision. The application of these regulations can be modified through subordinate instruments, which may include amendments and editorial changes not altering the effect of the law. These changes are detailed in the endnotes and are accessible on the Register. The regulations include provisions for the conversion of currency, prescribed payments, and the conversion of annual rates into daily rates of payment, among other administrative details.
Key Provisions
- The Child Support (Assessment) Regulations 2018, made under the Child Support (Assessment) Act 1989, outline the framework for the assessment and administration of child support. The regulations include provisions for determining eligibility of children, administrative assessments, and the conversion of income and payments. Specifically, Section 6 excludes certain children from eligibility if they are in the custody or under the care of a person under child welfare laws in Western Australia or South Australia. Section 11 prescribes circumstances under which a parent’s adjusted taxable income can be assessed if information was not provided initially, such as serious illness or imprisonment. The conversion of overseas income into Australian currency is addressed in Section 12, which mandates using the average exchange rate for the financial year or an appropriate rate if unavailable. Prescribed payments, such as National Disability Insurance Scheme (NDIS) amounts and certain pensions, are defined in Section 13, which also includes specific conditions for pension payments.
- The regulations impose obligations on parties to provide accurate information for assessments, including adjusted taxable income and overseas income. They also mandate the conversion of various payment frequencies into annual rates, as detailed in Section 15, to ensure consistent child support calculations. Additionally, they establish the method for serving notices and documents, both domestically and internationally, as outlined in Sections 18 to 22. These sections specify the manner of service, the presumption of service by post, and the allowance for electronic communication where consent is given.
- Violations of these regulations may result in civil or administrative penalties. For instance, failure to provide accurate information or comply with assessment requirements can lead to reassessments or adjustments in child support payments. Additionally, Section 24 stipulates that documents bearing the Registrar’s name or a delegate’s name are deemed duly signed unless proven otherwise, underscoring the importance of adherence to procedural requirements. Non-compliance with service of notices or other communications could also result in legal challenges or delays in child support proceedings.
- Area of Law
- Child Support Law
- Instrument
- Regulation
- Concepts
- Definitions & Interpretation
- Reporting & Disclosure Obligations
- Enforcement Powers
