Child Support (Assessment) Regulations (Amendment)

Overview

The Child Support (Assessment) Regulations (Amendment) 1996 No. 273 were issued under the authority of the Assistant Treasurer and are amendments to the Child Support (Assessment) Regulations 1989, which were themselves made under the Child Support (Assessment) Act 1989. The Child Support (Assessment) Act 1989 was enacted to streamline and standardise the administrative assessment of child support by the Child Support Registrar using a legislative formula. This Act also provides for the acceptance of consent agreements between parties as child support agreements. The explanatory statement for the 1996 amendment to the regulations explains that the changes were necessitated by the referral of certain powers by the states to the Commonwealth, as agreed by the Standing Committee of Attorneys-General in July 1991, to extend child support assessment provisions to state wards. The 1996 amendments to Regulation 4 specifically address the exclusion of certain children under child welfare laws, removing the reference to New South Wales to reflect the state's impending referral of the necessary powers to the Commonwealth. This amendment aims to align the regulations with the agreement of the Attorneys-General and facilitate a more cohesive approach to child support assessments across jurisdictions.

Scope and Application

The Child Support (Assessment) Regulations (Amendment) 1996 No. 273, issued under the authority of the Assistant Treasurer, amends the Child Support (Assessment) Regulations to align with the referral of powers agreed upon by the Standing Committee of Attorneys-General. These regulations apply to individuals and entities involved in the administration of child support assessments under the Child Support (Assessment) Act 1989, particularly focusing on parents, relatives, and custodians of children. The regulations have a national jurisdictional reach as they are implemented across Australia to ensure uniformity in child support assessment procedures. Regulation 4, which was amended to exclude certain children subject to child welfare laws from assessments until the relevant state refers the necessary powers to the Commonwealth, was adjusted to remove the reference to New South Wales in anticipation of the commencement of the Commonwealth Powers (Family Law - Children) Amendment Act 1996 on 1 January 1997. This amendment ensures that the enforcement and child support assessment provisions of the Commonwealth legislation are extended to state wards as agreed by the Attorneys-General.

Key Provisions

The Child Support (Assessment) Regulations (Amendment) 1996 No. 273 modifies the existing regulations under the Child Support (Assessment) Act 1989 (the Act). The primary sections amended pertain to the exclusion of certain children from child support assessments under the Act. Regulation 4, in particular, is revised to adjust the criteria for excluding children who are subject to child welfare laws in certain states. The amendments were necessitated by an agreement among the Attorneys-General to extend child support assessment provisions to state wards, which was formalized in July 1991. This legislative change aims to ensure that the enforcement and assessment provisions of the Commonwealth child support legislation apply uniformly across states, provided that the necessary powers are referred to the Commonwealth by the respective states. Under the Act, the Child Support Registrar is responsible for assessing child support according to a formula specified within the legislation. Additionally, the Registrar can accept consent agreements between parties as child support agreements. The regulations, as amended, continue to mandate that a custodian, who is either a parent or relative of a child, may apply for a child support assessment if the child is subject to a child welfare law. However, Regulation 4 now excludes children who are under a child welfare law from the assessment process until the relevant state has referred the necessary power to the Commonwealth. This exclusion was initially set to apply to New South Wales but has been amended to reflect the commencement of New South Wales' referral legislation on 1 January 1997. The obligations imposed by the amended regulations primarily fall on custodians and state governments. Custodians, who are parents or relatives of children subject to child welfare laws, must wait until the relevant state has referred the necessary powers to the Commonwealth before applying for a child support assessment for those children. State governments, on the other hand, are obligated to enact and commence their referral legislation to enable the Commonwealth to assess child support for children under their child welfare laws. The regulations also impose a duty on the Child Support Registrar to ensure that these provisions are followed accurately and that assessments are conducted in accordance with the updated criteria. Breaches of the requirements outlined in the amended regulations could lead to various civil or administrative consequences. For instance, if a custodian fails to wait for the necessary referral before applying for an assessment, their application could be rejected. Similarly, if a state fails to refer the necessary powers to the Commonwealth, children under its child welfare laws may not be assessed for child support, potentially leading to legal challenges or disputes. The regulations do not specify maximum penalties for breaches but refer to the broader framework of the Child Support (Assessment) Act 1989, where penalties and enforcement mechanisms are detailed.