Child Support (Registration and Collection) Amendment Regulations 1999 (No. 1)

Overview

The Child Support (Registration and Collection) Amendment Regulations 1999 (No. 1) were enacted by the Minister for Community Services under the authority granted by section 125 of the Child Support (Registration and Collection) Act 1988. These regulations were introduced to address issues arising from the amendments made by the Child Support Legislation Amendment Act 1998, aiming to streamline the enforcement and collection of child support liabilities. The primary policy objective is to enhance the flexibility and efficiency of child support collection, particularly by aligning payment rates with the pay cycles of the parents involved. The regulations provide for the conversion of child support amounts into various rates of payment, including daily, weekly, fortnightly, and four-weekly, thereby accommodating different payment schedules. Additionally, the regulations define satisfactory and unsatisfactory payment records, allowing for the cessation of enforcement under the Act for those with consistent payment histories and the re-engagement of enforcement if private collection arrangements fail. They also specify the types of payments that can be credited against child support liabilities and the maximum amount that can be collected from social security pensions or benefits.

Scope and Application

The Child Support (Registration and Collection) Amendment Regulations 1999 (No. 1) amend the original regulations under the Child Support (Registration and Collection) Act 1988. These regulations apply to individuals and entities involved in the registration, collection, and enforcement of child support liabilities, including the Child Support Registrar, paying parents, and recipients of child support. The regulations govern the conversion of child support amounts into various payment rates, such as daily, weekly, fortnightly, and four-weekly rates, to accommodate different pay cycles of the payer. They also define the criteria for satisfactory and unsatisfactory payment records, which determine whether the Registrar should continue to enforce the maintenance liability or allow for private collection arrangements. Furthermore, these regulations outline the types of payments that can be credited against a child support liability and specify the maximum amount that can be collected from a payer's social security pension or benefit. The regulations have a national reach and are applicable throughout Australia, as they are made under the authority of the Commonwealth. The regulations do not contain specific exclusions or exemptions but are subject to the overarching provisions of the Act and the Child Support (Assessment) Act 1989, which they supplement.

Key Provisions

The Child Support (Registration and Collection) Amendment Regulations 1999 (No. 1) (the Regulations) were enacted to reflect changes made to the Child Support (Registration and Collection) Act 1988 (the Act) by the Child Support Legislation Amendment Act 1998. Section 125 of the Act authorises the Governor-General to make Regulations for the purposes of the Act, which include the registration, collection, and enforcement of enforceable maintenance liabilities by the Child Support Registrar. Section 29 of the Act allows for the conversion of amounts payable under registrable maintenance liabilities into daily, weekly, monthly, fortnightly, and 4 weekly rates of payment (reg. 2). These amendments were made to accommodate the payer’s pay cycle, allowing for a more flexible and personalised approach to payment schedules (reg. 3). The Regulations impose several obligations on parties governed by the Act. The Registrar is now empowered to cease enforcing an enforceable maintenance liability if the payer has a satisfactory payment record (reg. 4). To facilitate this, the Regulations define what constitutes a satisfactory payment record and an unsatisfactory payment record (regs. 4 and 5). Should private collection arrangements fail, the payee may apply to the Registrar to resume enforcement of the maintenance liability, which will be considered if the payer is deemed to have an unsatisfactory payment record (reg. 6). Furthermore, the Regulations specify the types of payments that may be credited against the child support liability, such as prescribed payments made without the payee's agreement, subject to certain conditions (reg. 7). The payer is also entitled to a credit of up to 25% of their monthly child support liability for certain prescribed payments (s. 29(3) of the Act). Under the Act, the payer of an enforceable maintenance liability can be credited for certain prescribed payments against their child support liability, provided other conditions are met. The Regulations clarify the types of payments that qualify for this credit (reg. 7). Additionally, the Act now mandates a minimum annual rate of child support payable of $260 (s. 13 of the Child Support (Assessment) Act 1989, as amended by the Amendment Act). The Regulations specify the maximum amount that may be collected from a payer's social security pension or benefit by the Registrar, provided written notice is given to the Secretary to the Department of Family and Community Services (reg. 8). These provisions ensure that the enforcement of child support liabilities is both fair and effective. The Regulations also address the consequences of non-compliance. While the Act itself does not explicitly state the penalties for breaches, it is reasonable to infer that any failure to comply with the enforcement of maintenance liabilities, as defined by the Regulations, could result in legal action. The severity of the consequences would depend on the specific breach and could potentially include civil or criminal penalties. The exact nature and extent of these penalties would be determined in the context of the applicable laws and regulations, which might include additional statutory provisions or common law principles. The Regulations come into effect on 1 July 1999.