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.
Overview
The Child Support Regulations (Amendment) 1989, issued under the authority of the Treasurer, were enacted to refine and expand the scope of the Child Support Act 1988. This legislative amendment aims to address the gap in the initial regulations by removing restrictions on the registration of certain classes of liabilities, thereby ensuring a broader scope of court orders and maintenance agreements can be registered with the Child Support Agency. This amendment allows for the registration of all court orders and registered or approved maintenance agreements, except those under sections 66K or 77 of the Family Law Act 1975, which relate to immediate financial assistance pending the proper disposal of proceedings. The overarching policy objective is to enhance the enforcement of financial responsibilities towards children, ensuring that parents with the capacity to pay contribute to the support of their children, thereby reducing child poverty and alleviating the burden on the social security system.
Scope and Application
The Child Support Regulations (Amendment) Statutory Rules 1989 serve to refine the implementation of the Child Support Act 1988 by removing certain restrictions on the registration of specified classes of liabilities for child support. The amendment allows for the registration of all court orders and registered or approved maintenance agreements that impose a maintenance obligation on a parent, step-parent, or party to a marriage, thereby expanding the scope of the Child Support Agency's registration activities. These regulations are designed to ensure that parents with the financial capacity to support their children do not shift this responsibility to the social security system, thereby reducing child poverty. The amendment applies to all individuals with maintenance liabilities outlined in court orders or maintenance agreements, except for those liabilities arising under section 66K or 77 of the Family Law Act 1975, which pertain to immediate financial assistance pending the resolution of court proceedings. The regulations came into effect on 15 April 1989 and their application extends across the Commonwealth, ensuring a uniform approach to child support enforcement.
Key Provisions
The Child Support Regulations (Amendment) (Statutory Rules 1989 No. 51) introduces significant changes to the registration of maintenance liabilities, as per the Child Support Act 1988. Section 2 of the amendment removes certain restrictions, allowing for the registration of all court orders and registered or approved maintenance agreements that involve a parent, step-parent, or party to a marriage paying maintenance for a child or the other party to the marriage (Regulation 2). This broadens the scope of liabilities that can be registered with the Child Support Agency, excluding only those arising under specific sections of the Family Law Act 1975 (Regulation 2(1)). The regulations come into effect on 15 April 1989 (Regulation 1).
These regulations impose a clear obligation on the Child Support Agency to register all eligible maintenance liabilities, thereby facilitating the collection and distribution of child support payments. By amending the existing regulations, the amendment ensures that the Child Support Agency can effectively manage a wider range of maintenance agreements, ultimately supporting the legislative aim of reducing child poverty and ensuring financial responsibility is upheld by parents who can afford to contribute.
Failure to comply with these regulations could lead to significant consequences. While the specific offences and penalties are not detailed in the provided excerpt, it is reasonable to infer that non-compliance could result in legal actions against the defaulting party. This could include civil penalties such as fines or legal costs, as well as potential criminal charges depending on the severity and intent of the breach. The overarching objective of the legislation is to enforce the financial responsibilities of parents, thereby protecting the welfare of children and ensuring the integrity of the child support system.