EXPLANATORY STATEMENT
STATUTORY RULES 1990 NO. 90
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 (Registration and Collection) Act 1988, provided they are not inconsistent with the Act.
The Child Support (Registration and Collection) Act 1988 was the first part of a legislative package which aimed 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 responsibilty of supporting their children to the social security system.
The second part of the legislative package is contained in the Child Support (Assessment) Act 1989 which will enable parents to have child support amounts administratively assessed rather than having to obtain a court order.
The proposed Child Support Regulations Amendment will exclude from registration under the Child Support (Registration and Collection) Act 1988 urgent maintenance orders made under section 139 of the Child Support (Assessment) Act 1989. The proposed amendment is not inconsistent with existing provisions which exclude immediate financial assistance orders arising under section 66K and 77 of the Family Law Act 1975.
Notes on the regulations to be amended are set out below:
AMENDMENT
Regulation 1 provides that these Regulations apply to the Child Support (Registration and Collection) Act 1988.
By amending regulation 2 the Regulations will be brought into line with other recent amendments which changed the name of the Child Support Act 1988 to the Child Support (Registration and Collection) Act 1988.
EXCLUSION OF LIABILITIES
Regulation 2 provides for the exclusion from registration under the Child Support (Registration and Collection) Act 1988 urgent maintenance orders made under section 139 of the Child Support (Assessment) Act 1989.
By amending sub-regulation 4(2) the only liabilities that do not have to be registered under the Child Support (Registration and Collection) Act 1988 are those arising under section 66K and 77 of the Family Law Act 1975 and section 139 of the Child Support (Assessment) Act 1989. These orders provide for immediate financial assistance where it is either not practicable in the circumstances to determine what order, if any, should be made by a court pending the proper disposal of the proceedings or the Registrar has not been able, as yet, to make a determination of child support payable.
If, however, the payee wishes to register such an order he/she may do so by completing the appropriate form.