Maintenance Orders (Commonwealth Officers) Regulations 1969
Statutory Rules 1969 No. 38 as amended
made under the
Maintenance Orders (Commonwealth Officers) Act 1966
This compilation was prepared on 1 July 2004
taking into account amendments up to SR 2004 No. 172
Prepared by the Office of Legislative Drafting,
Attorney-General’s Department, Canberra
Contents
1 Name of Regulations [see Note 1]
2 Commencement [see Note 1]
3 Interpretation
4 Service on the Commonwealth or of Commonwealth authorities
5 Modification of laws of a State or Territory
Notes
1 Name of Regulations [see Note 1]
These Regulations are the Maintenance Orders (Commonwealth Officers) Regulations 1969.
2 Commencement [see Note 1]
These Regulations shall come into operation on the day on which the Act comes into operation.
3 Interpretation
In these Regulations:
Department means Department of State of the Commonwealth.
the Act means the Maintenance Orders (Commonwealth Officers) Act 1966.
the defendant, in relation to a maintenance order, means the person liable to make payments under the order.
4 Service on the Commonwealth or of Commonwealth authorities
(1) Where an attachment of earnings order that is directed to the Commonwealth or a Commonwealth authority is made under the provisions of a law of a State or Territory that apply by force of the Act as a law of the Commonwealth or where an order is made under any such provisions discharging, suspending or varying such an attachment of earnings order, service of the order or of a copy of the order, as the case requires, may be effected on the Commonwealth or on the Commonwealth authority:
(a) by handing a sealed envelope containing the order or the copy of the order, being an envelope that is addressed in the manner specified in the next succeeding subregulation, to a person who is apparently over the age of 16 years and is apparently employed by the Department or the Commonwealth authority specified on the envelope at the address of that Department or of that Commonwealth authority specified on the envelope; or
(b) by posting such a sealed envelope, postage being prepaid, to the Department, or to the Commonwealth authority, specified on the envelope at the address specified on the envelope.
(2) The manner in which an envelope containing an order or a copy of an order that relates to a maintenance order is to be addressed for the purpose of the last preceding subregulation is as follows:
‘The Paying Officer,
(Here insert the name of the Department or Commonwealth authority by which the defendant is employed.),
(If known to the person effecting service, here insert the name of the branch of that Department or Commonwealth authority in which the defendant is employed.),
(Here insert the address of that Department or Commonwealth authority.)’.
5 Modification of laws of a State or Territory
(1) Where, under the provisions of a law that applies by force of the Act as a law of the Commonwealth, the earnings of a person for the purpose of those provisions would, but for this regulation, include moneys of a specified class of moneys, the provisions of that law, in their application by virtue of the Act, are modified to the extent that the earnings of a person do not for the purpose of those provisions include moneys of a class so specified.
(2) Each of the following classes of moneys is a specified class of moneys for the purpose of the last preceding subregulation:
(a) moneys consisting of pay or allowances payable to a person as a member of the Defence Force; and
(b) moneys payable to a person under the
Veterans’ Entitlements Act 1986 or taken to be payable under that Act because of Division 2 of Part 3 of the Veterans’ Affairs (1994-95 Budget Measures) Legislation Amendment Act 1994; and
(c) moneys payable to a person under the Military Rehabilitation and Compensation Act 2004.
Notes to the Maintenance Orders (Commonwealth Officers) Regulations 1969
Note 1
The Maintenance Orders (Commonwealth Officers) Regulations 1969 (in force under the Maintenance Orders (Commonwealth Officers) Act 1966) as shown in this compilation comprise Statutory Rules 1969 No. 38 amended as indicated in the Tables below.
Table of Statutory Rules
Year and
number | Date of notification
in Gazette | Date of
commencement | Application, saving or
transitional provisions |
1969 No. 38 | 13 Mar 1969 | 1 Apr 1969 (see r. 2 and Gazette 1969, p. 1548) | |
1986 No. 230 | 4 Sept 1986 | 4 Sept 1986 | — |
1995 No. 347 | 23 Nov 1995 | 23 Nov 1995 | — |
2004 No. 172 | 1 July 2004 | 1 July 2004 | — |
Table of Amendments
ad. = added or inserted am. = amended rep. = repealed rs. = repealed and substituted |
Provision affected | How affected |
R. 1................. | rs. 2004 No. 172 |
R. 5................. | am. 1986 No. 230; 1995 No. 347; 2004 No. 172 |
Overview
The Maintenance Orders (Commonwealth Officers) Regulations 1969, which were made under the Maintenance Orders (Commonwealth Officers) Act 1966, aim to establish a framework for the enforcement of maintenance orders, including attachments of earnings, against Commonwealth officers. This legislation was enacted to address the gap in ensuring that Commonwealth officers, who are otherwise protected from legal processes due to their federal employment, can be subject to maintenance orders. The Regulations were enacted by the Parliament of Australia and their policy objective is to provide a mechanism for the service of maintenance orders and their enforcement against Commonwealth officers and authorities, ensuring that the rights of individuals, such as spouses or children, who rely on these payments are upheld. These Regulations outline the procedures for the service of maintenance orders on the Commonwealth or Commonwealth authorities and modify state or territory laws to exclude certain specified payments from being considered as earnings for the purpose of these orders.
Scope and Application
The Maintenance Orders (Commonwealth Officers) Regulations 1969, as amended, apply to Commonwealth officers and provide the framework for the service of maintenance orders on the Commonwealth or Commonwealth authorities. These regulations are instrumental in ensuring that maintenance orders issued under state or territory laws can be effectively enforced against Commonwealth employees. The regulations stipulate the method of service on the Commonwealth or Commonwealth authorities, allowing for the personal delivery of sealed envelopes containing the maintenance order to a Commonwealth employee or the posting of such envelopes to the relevant department or authority. Additionally, these regulations modify state and territory laws to exclude certain classes of moneys from the calculation of earnings for maintenance purposes, such as Defence Force pay and allowances, and payments under the Veterans’ Entitlements Act 1986 and the Military Rehabilitation and Compensation Act 2004. These regulations apply nationwide as they are made under the Maintenance Orders (Commonwealth Officers) Act 1966, which has federal jurisdiction.
Key Provisions
The Maintenance Orders (Commonwealth Officers) Regulations 1969 (the Regulations) operate under the Maintenance Orders (Commonwealth Officers) Act 1966 (the Act). These Regulations provide mechanisms for the service of maintenance orders on the Commonwealth or Commonwealth authorities and modify certain laws to exclude specific classes of moneys from being considered as earnings for the purposes of maintenance orders. Section 4 of the Regulations outlines the process for serving an attachment of earnings order on the Commonwealth or a Commonwealth authority. This can be done either by hand-delivering a sealed envelope containing the order to a person over 16 years of age and apparently employed by the relevant department or authority, or by posting the sealed envelope to the specified address of the department or authority (Section 4(1)). The envelope must be addressed in a particular manner, including the name of the paying officer, the name of the department or authority, the branch if known, and the address (Section 4(2)). Additionally, Section 5 of the Regulations modifies state or territory laws to exclude certain classes of moneys, such as Defence Force pay, Veterans’ Entitlements, and Military Rehabilitation and Compensation payments, from being considered as earnings for the purposes of maintenance orders (Section 5(1)-(2)).
The Regulations impose specific obligations on the parties involved in the service and enforcement of maintenance orders. For instance, Section 4 requires that the service of orders on the Commonwealth or Commonwealth authorities must follow the prescribed methods, ensuring that the orders are delivered to the appropriate individuals or departments. Furthermore, Section 5 modifies the interpretation of earnings to exclude certain specified classes of moneys, which affects how maintenance orders are calculated and enforced. These modifications ensure that certain income, such as Defence Force pay or Veterans’ Entitlements, are not subject to attachment for maintenance payments.
Breaches of the provisions outlined in the Regulations may result in legal consequences. While the Regulations themselves do not explicitly state penalties for non-compliance, the underlying Act may impose penalties for failure to comply with the service of orders or for incorrect application of the modified earnings provisions. Under the Act, non-compliance with service requirements could potentially lead to civil consequences, such as fines or other enforcement actions. Additionally, incorrect application of the modified earnings provisions could result in the improper enforcement of maintenance orders, which might lead to legal challenges or the need for court intervention to rectify the errors. However, the specific penalties and enforcement mechanisms are more thoroughly detailed in the Act rather than in the Regulations.