EXPLANATORY STATEMENT
Commonwealth of Australia
Family Law Act 1975
Family Law Regulations (Amendment)
Section 125 of the Family Law Act 1975 (the Act) empowers the Governor-General to make regulations for the purposes of the Act.
On 1 June 1988 the Child Support (Registration and Collection) Act 1988 came into operation. That Act established the Child Support Agency whose role is to register, collect and enforce payment of child maintenance as provided in court orders. The Child Support Registrar has the general administration of that Act.
The Child Support (Assessment) Act 1989 commenced operation on 1 October 1989 providing for all child maintenance liabilities arising after that date to be assessed administratively by the Child Support Agency.
Section 110 of the Act makes provision for the enforcement of Australian maintenance orders in overseas reciprocating jurisdictions. “Maintenance order” is defined by the section to include both court-made orders and administrative assessments made by the Child Support Agency.
The procedure whereby maintenance orders are transmitted to overseas jurisdictions is governed by the Family Law Regulations (the Regulations). Regulation 27 currently provides that only the registrar of the court in which the order is made or registered can undertake the necessary procedure.
As the Child Support Agency has the responsibility of assessing all child maintenance liabilities arising since 1 October 1989 and enforcing the majority of all child maintenance liabilities it is appropriate that the Child Support Registrar should be able to implement the procedure for enforcement in overseas reciprocating jurisdictions.
The proposed Regulations will enable the Child Support Registrar to undertake the procedure detailed in regulation 27 of the Regulations.
Details of the proposed Regulations are as follows:
Regulation 1 is a formal provision. Regulation 2 adds new sub-paragraphs (3) and (4) to regulation 27 of the Regulations which give the Child Support Registrar the power to implement the procedure for transmission of maintenance orders to overseas jurisdictions.
Attorney-General