EXPLANATORY STATEMENT
STATUTORY RULES 1989 NO. 51
ISSUED BY THE AUTHORITY OF THE TREASURER
CHILD SUPPORT REGULATIONS (AMENDMENT)
The purpose of these regulations is to prescribe matters that are required or permitted to be prescribed, or which are necessary or convenient to be prescribed for giving effect to the Child Support Act 1988, provided they are not inconsistent with that Act.
The Child Support Act 1988 is part of a legislative package which aims to reform child support so as to reduce the number of children in poverty and to make sure that parents with a capacity to pay do not abandon the financial responsibility of supporting their children to the social security system. The Act provides for the collection by the Child Support Registrar (the Registrar) of periodic child and/or spousal maintenance payable under court orders or court registered or approved maintenance agreements.
The proposed Child Support Regulations Amendment will remove restrictions on the registration of certain specified classes of liabilities. As a result all court orders and registered maintenance agreements in which there is a liability of a parent, step-parent or party to a marriage to pay maintenance for a child or the other party to a marriage may be registered.
Notes on the regulation to be amended is set out below:
COMMENCEMENT
Regulation 1 provides that these Regulations commence on 15 April 1989.
EXCLUSION OF LIABILITIES
Regulation 2 provides for the extension of eligibility for registration with the Child Support Agency to all individuals with court orders or registered or approved maintenance agreements.
By omitting subregulation 4(1) the only liabilities that may not be registered are those arising under section 66K or 77 of the Family Law Act 1975. These orders provide for immediate financial assistance where it is not practicable in the circumstances to determine what order, if any, should be made by a court pending the proper disposal of the proceedings.