Child Support (Registration and Collection) Regulations (Amendment)

Overview

The Child Support (Registration and Collection) Regulations (Amendment) 1997 No. 171, issued under the authority of the Assistant Treasurer, is an amendment to the Child Support (Registration and Collection) Regulations 1988. This amendment was enacted to address issues arising from the consolidation of Job Search Allowance and Newstart Allowance into a single payment, known as Newstart Allowance, and to update the reference to a re-numbered section in the Family Law Act 1975. The Child Support (Registration and Collection) Act 1988 was established to facilitate the registration and collection of maintenance or child support stemming from court orders, court-registered agreements, and child support assessments. The objective of these regulations is to ensure that the relevant legislative references are current and accurately reflect the changes in other acts, thereby maintaining the integrity and effectiveness of the child support system. The regulation will take effect upon gazette publication.

Scope and Application

The Child Support (Registration and Collection) Regulations (Amendment) 1997 No. 171 amends existing regulations under the Child Support (Registration and Collection) Act 1988 to align them with recent legislative changes. This amendment applies to individuals and entities involved in the registration and collection of child support or maintenance, primarily within the framework of court orders, court-registered agreements, and child support assessments. The amendments ensure the regulations reflect current terminology and legislative references, particularly concerning the Social Security Act 1991 and the Family Law Act 1975, thereby maintaining the efficacy and accuracy of the regulatory framework. The geographic reach of these regulations is national, applying across Australia as it pertains to the administration of child support through the Commonwealth. The regulations do not introduce new exclusions or exemptions but rather update references to existing provisions to maintain consistency with other relevant legislation.

Key Provisions

The Child Support (Registration and Collection) Regulations (Amendment) 1997 No. 171 primarily revises two key sections of the Child Support (Registration and Collection) Regulations. Regulation 3 (Protected Earnings Rate) has been updated to reflect changes in Social Security payments, while Regulation 4 (Exclusion of liabilities) has been amended to align with re-numbered sections of the Family Law Act 1975. Regulation 3, which specifies the Protected Earnings Rate, has been updated from 75 per cent of the maximum fortnightly basic rate of Job Search Allowance under the Social Security Act 1991 to 75 per cent of the maximum fortnightly basic rate of Newstart Allowance. This change follows the combination of Job Search Allowance and Newstart Allowance into a single Social Security payment. Regulation 4 now excludes as a registrable maintenance liability an urgent child maintenance order made under section 66Q of the Family Law Act 1975, reflecting the re-numbering of section 66K to 66Q in the Family Law Reform Act 1995. These amendments impose specific obligations on the relevant parties and entities. Firstly, the Protected Earnings Rate, now based on Newstart Allowance, must be applied consistently in the calculation of child support liabilities. This ensures that the rate reflects the current social security standards. Secondly, the exclusion of certain urgent child maintenance orders from registrable maintenance liabilities means that these specific orders are not subject to the child support registration and collection processes outlined in the Act. This alignment with the Family Law Act 1975 ensures that the regulations remain current and relevant to legislative changes. Non-compliance with the requirements set out in the Child Support (Registration and Collection) Regulations can lead to significant legal consequences. While the specific sections of the Act that detail penalties for breaches are not outlined in the explanatory statement, it is common for breaches of child support regulations to result in fines and other enforcement actions. The maximum penalties for non-compliance with child support obligations can vary, but they generally include substantial fines and potential legal actions to recover unpaid amounts. The precise penalties are typically detailed in the primary legislation or related regulations, but the importance of adherence to these provisions is underscored by the potential for serious legal repercussions.