Child Support (Assessment) Regulations (Amendment) 1995 No. 292
EXPLANATORY STATEMENT
Statutory Rules 1995 No. 292
Issued by the Authority of the Assistant Treasurer
Child Support (Assessment) Act 1989
Child Support (Assessment) Regulations (Amendment)
Section 164 of the Child Support (Assessment) Act 1989 (the Act) provides that the GovernorGeneral may make regulations for the purposes of the Act.
The Act provides for the administrative assessment of child support by the Child Support Registrar according to a formula set out in the Act as well as for acceptance by the Registrar of consent agreements between the parties as child support agreements.
The amendment to the Child Support (Assessment) Regulations (the regulations) is set out below.
Regulation 2
Regulation 4 (Exclusion of certain children - section 22 of the Act)
In July 1991, the Standing Committee of Attorneys-General agreed to amend State referral of powers legislation in relation to maintenance for children subject to child welfare legislation. The purpose of the referral of the powers was to extend to state wards the enforcement and child support assessment provisions of the Commonwealth child support legislation.
Subsection 25(4) of the Act was inserted in 1992 as the first stage in giving effect to the agreement of the Attorneys-General. This subsection allows a custodian to apply for a child support assessment where a child is the subject of an order or arrangement under a child welfare law, provided that he or she is a parent or relative ' of the child. Regulation 4 of the regulations was amended at the same time to exclude a child who is the subject of an order or arrangement under a child welfare law until the State to whose welfare law the child is subject has referred the necessary power to the Commonwealth.
The Tasmanian Government has advised that the State will be commencing its referral legislation, the Commonwealth Powers (Family Law) Amendment Act 1994, on 1 November 1995. To give effect to the agreement of the Attorneys-General, it was necessary to amend regulation 4 of the regulations to delete the reference to Tasmania.
The regulation commenced on 1 November 1995.
Overview
The Child Support (Assessment) Regulations (Amendment) 1995 No. 292 is an amendment to the Child Support (Assessment) Regulations, which were originally established under the Child Support (Assessment) Act 1989. This Act was enacted to streamline the administrative assessment of child support by the Child Support Registrar, using a formula prescribed within the Act and facilitating the acceptance of consent agreements as child support arrangements. The 1995 Amendment was issued by the authority of the Assistant Treasurer and is a response to the Standing Committee of Attorneys-General's agreement in July 1991 to extend the enforcement and child support assessment provisions of Commonwealth child support legislation to state wards. The amendment aims to align with the referral of necessary powers by states to the Commonwealth, as agreed upon by the Attorneys-General, by modifying the exclusion of certain children under child welfare laws from child support assessments. Specifically, the amendment removes the exclusion of children under Tasmanian child welfare laws, reflecting Tasmania's forthcoming referral legislation, the Commonwealth Powers (Family Law) Amendment Act 1994.
Scope and Application
The Child Support (Assessment) Regulations (Amendment) 1995 No. 292 amends the Child Support (Assessment) Regulations to align with the referral of state powers concerning child support assessments for children under child welfare laws. The amendment applies to the Commonwealth and state jurisdictions, specifically to the assessment and enforcement of child support for children who are subject to child welfare legislation. This regulatory change is an implementation of the agreement among Attorneys-General to extend Commonwealth child support legislation to state wards. The amendment removes the exclusion for children in Tasmania, effective from 1 November 1995, following the Tasmanian Government's referral of the necessary powers under the Commonwealth Powers (Family Law) Amendment Act 1994. The regulation applies to custodians who are parents or relatives of children subject to child welfare laws and who can apply for child support assessments through the Child Support Registrar. This amendment ensures consistency and comprehensive coverage under the Child Support (Assessment) Act 1989.
Key Provisions
The Child Support (Assessment) Regulations (Amendment) 1995 No. 292 amends the existing Child Support (Assessment) Regulations, which were made under the Child Support (Assessment) Act 1989 (the Act). The primary operative sections relevant to these amendments are section 2 and regulation 4 of the original regulations, which pertain to the exclusion of certain children from child support assessments. Section 2 of the Act allows the Governor-General to make regulations for the purposes of the Act, while section 4 of the regulations originally excluded children who were subject to child welfare laws from being included in child support assessments. The amendment made to regulation 4 removes the exclusion for children in Tasmania, aligning with the referral of powers agreed upon by the Standing Committee of Attorneys-General in July 1991.
The regulations impose specific obligations and requirements on the parties involved. For instance, they ensure that the Child Support Registrar can apply the formula set out in the Act to assess child support, and they permit the Registrar to accept consent agreements as child support agreements. Additionally, regulation 4, as amended, means that children who are subject to child welfare laws in states other than Tasmania are no longer automatically excluded from child support assessments. This amendment ensures that the Commonwealth's child support assessment provisions can be applied uniformly across Australia.
Breaches of the provisions of the Child Support (Assessment) Act 1989 and the regulations can lead to both civil and criminal consequences. For example, section 164A of the Act provides that a person who provides false or misleading information to the Registrar can be subject to a pecuniary penalty, up to a maximum of $22,200. Furthermore, section 164C outlines that a person who knowingly makes a false statement to the Registrar can be guilty of an offence and is liable to a penalty of up to 2,100 penalty units or imprisonment for up to five years, or both, if convicted in a court. These penalties underscore the seriousness with which the law treats the provision of inaccurate information in child support assessments.