Child Support (Registration and Collection) Regulations (Amendment) 1994 No. 128
EXPLANATORY STATEMENT
Statutory Rules 1994 No. 128
Issued by the Authority of the Assistant Treasurer
Child Support (Registration and Collection) Act 1988
Child Support (Registration and Collection) Regulations (Amendment)
Section 125 of the Child Support (Registration and Collection) Act 1988 (the Act) provides that the Governor General may make regulations for the purposes of the Act.
The Act provides for the registration and collection of court orders, court registered agreements and child support assessments for the payment of maintenance or child support.
The amendments to the Child Support (Registration and Collection) Regulations (the regulations) are set out below.
Regulation 2 - Regulation 2 (Interpretation)
The definition of "partnered" is included in regulation 2. The inclusion is consequential only upon the amendment included as regulation 3 in these amendments.
Regulation 3 - Regulation 3 (Prescribed weekly rate - protected earnings rate)
The reference to the Social Security Act 1991 in regulation 3 is obsolete following upon the rewrite of that Act and there is no direct equivalent to that reference in the rewrite of that Act. The existing regulation 3 will be omitted and replaced with a new regulation using a narrative description of the benefit rate upon which the protected earnings rate is calculated.
Regulation 4 - Regulation 13 (Documents taken to be duly signed)
Regulation 13 prescribes what constitutes a properly signed certificate, notice or other document issued under the Act. A document that has no written signature is often challenged. The amendment will change that which constitutes a properly signed document from a written, printed or stamped signature to a written, printed or stamped name including a facsimile of the signature.
Sub regulation 13 (2) is amended consequentially and will require judicial notice to be taken of both the name and signature on certificates, notices and other documents.
Regulation 5 - New Regulations 14 to 16.
New regulations 14 and 15 will be inserted to prescribe what shall constitute service of a notice (14) and what shall constitute the address for service of a notice (15) under the Act. There is nothing prescribed at present and experience now shows there is a need to prescribe these matters. The new regulations are based upon similar regulations in the Income Tax Assessment Act 1936 which allows the Commissioner to personally serve a notice, to leave a notice at the address for service or to send a notice by pre paid post to the address for service. The address for service will be prescribed as the address last given to the Registrar. Where no address has been given, the address that is held in the records of the Registrar, whether as Registrar of Commissioner, is the address for service.
New regulation 16 will prescribe that a person who fails to notify a change of address even though they are required to at law, may not plead the change of address as a defence in any proceeding under the Act or regulations. This new regulation is also based upon a similar regulation in the Income Tax Assessment Act 1936.
Regulation 6 - Schedule (Expenses to be allowed to person required to attend under section 120 of the Act)
Persons who are required to attend before the Registrar for interview are entitled to expenses in accordance with that prescribed in regulation 9 and the scale of expenses set out in the Schedule to the regulations. The present regulation is inconsistent with both the Family Law Act 1975 and the Income Tax Assessment Act 1936. All three statutes will hereafter be consistent in that expenses will only be payable to third persons required to attend. The Schedule will be amended by prescribing that no expenses are payable if the person required to attend is a payer, payee or their representative.
Overview
The Child Support (Registration and Collection) Regulations (Amendment) 1994 No. 128 were enacted to make amendments to the Child Support (Registration and Collection) Regulations 1990, under the authority granted by section 125 of the Child Support (Registration and Collection) Act 1988. The primary aim of these amendments is to address issues and gaps in the existing regulations to ensure the effective and efficient administration of child support payments, in line with policy objectives of the Act. The amendments were issued by the Assistant Treasurer and focus on updating definitions, clarifying processes for document signatures, and establishing protocols for service of notices and addresses for service, to better align with other related legislative frameworks such as the Family Law Act 1975 and the Income Tax Assessment Act 1936. Additionally, the changes aim to ensure that individuals who fail to notify a change of address cannot use this as a defence in proceedings, thereby maintaining the integrity of the child support system.
Scope and Application
The Child Support (Registration and Collection) Regulations (Amendment) 1994 No. 128 applies to the individuals and entities involved in the registration and collection of child support payments under the Child Support (Registration and Collection) Act 1988. This includes parents, guardians, and other relevant parties who are required to register or pay child support. The regulations affect the process by which child support orders and agreements are registered, the collection of payments, and the handling of documents related to these activities. The amendments also extend to the geographic and jurisdictional reach of the Act, applying across the Commonwealth of Australia. However, certain exclusions and exemptions may apply based on specific circumstances detailed in the Act and the regulations. The scope of the Act can be further extended or restricted through subordinate instruments, as outlined in the amendments. The amendments clarify definitions, update references to other legislation, specify what constitutes a properly signed document, and establish procedures for the service of notices and the notification of changes of address.
Key Provisions
The Child Support (Registration and Collection) Regulations (Amendment) 1994 No. 128 addresses several key sections of the existing regulations under the Child Support (Registration and Collection) Act 1988. Regulation 2 amends the definition of "partnered," which is consequential upon further amendments made in Regulation 3. Regulation 3 updates the reference to the Social Security Act 1991, which has been rewritten, by omitting the existing regulation and introducing a new regulation that uses a narrative description of the benefit rate for calculating the protected earnings rate. Regulation 4 revises Regulation 13 to change the definition of a properly signed document from one with a written, printed, or stamped signature to one with a written, printed, or stamped name, including a facsimile of the signature. This amendment also modifies sub regulation 13 (2) to require judicial notice of both the name and signature on certificates, notices, and other documents.
The Act imposes specific obligations and requirements on the parties and entities it governs. Under the new Regulation 14, service of a notice must follow the prescribed methods, allowing for personal service, leaving a notice at the address for service, or sending a notice by prepaid post to the address for service. Regulation 15 defines the address for service as the last address given to the Registrar or the address held in the Registrar’s records if no address has been provided. Regulation 16 mandates that a person who fails to notify a change of address, despite being legally required to do so, cannot use the change of address as a defence in any proceedings under the Act or regulations. Regulation 6 amends the Schedule to ensure consistency with the Family Law Act 1975 and the Income Tax Assessment Act 1936 by specifying that expenses are only payable to third persons required to attend, not to payers, payees, or their representatives.
The amendments introduce potential civil and criminal consequences for non-compliance. Regulation 16 explicitly states that a person who fails to notify a change of address cannot use the change of address as a defence in proceedings under the Act or regulations, thereby preventing such a failure from being used as a legal excuse. While the specific maximum penalties are not detailed in the explanatory statement, penalties for non-compliance with child support regulations can generally include fines and, in severe cases, imprisonment, depending on the nature and severity of the breach. These consequences underscore the importance of adhering to the regulations to avoid legal repercussions.