EXPLANATORY STATEMENT
Issued by the Authority of the Attorney‑General
Child Support (Assessment) Act 1989
Summary Courts Jurisdiction - Child Support (Assessment) Proclamation 2007
Subsection 99(3) of the Child Support (Assessment) Act 1989 (the Act) provides that the Governor-General may fix a date by Proclamation on and after which proceedings in relation to matters arising under the Act may not be instituted in, or transferred to, a court of summary jurisdiction in a specified State or Territory. Paragraph 99(4)(b) of the Act provides that a Proclamation under subsection 99(3) may be expressed to apply to the institution of proceedings in, or the transfer of proceedings to, a court of summary jurisdiction in a specified part of a State or Territory.
The Proclamation states that, on and after 23 April 2007, proceedings under the Act may not be instituted in, or transferred to, the Downing Centre Local Court, the Central Local Court Sydney, the Local Court North Sydney and the Local Court Newtown, all located in New South Wales.
The NSW Government relocated the St James Local Court Sydney to the Children’s Court complex in Parramatta on 13 November 2006. The St James Court had provided specialist family law services pursuant to an agreement between the Commonwealth and NSW under the Act. The NSW Attorney General subsequently requested a Proclamation be made to prevent family law proceedings that would previously have been dealt with in the St James Court being lodged in, or transferred to, nearby Local Courts that lack specialist family law expertise. The presence of the Family Court of Australia and the Federal Magistrates Court in the Sydney CBD presents an alternative to matters being instituted in or transferred to the Local Courts.
The Proclamation is a legislative instrument for the purposes of the Legislative Instruments Act 2003 and commences on 23 April 2007.
The Office of Best Practice Regulation was consulted about this legislative instrument and advised that a Regulation Impact Statement was not mandatory as it did not have a direct or significant indirect impact on business. The Family Court of Australia and the Federal Magistrates Court were consulted and did not oppose this legislative instrument.
Overview
The Child Support (Assessment) Act 1989 was enacted to address the need for a structured and consistent approach to child support assessment and collection in Australia. The Act provides the framework for determining the amount of child support that should be paid by one parent to another. This legislation was enacted by the Australian Parliament to ensure that children receive adequate financial support from both parents, thereby promoting their welfare and reducing the financial burden on government welfare systems.
The Summary Courts Jurisdiction - Child Support (Assessment) Proclamation 2007, issued under the authority of the Attorney-General, was introduced to refine the jurisdictional aspects of the Act. The Proclamation was made to prevent child support matters from being instituted in, or transferred to, certain Local Courts in New South Wales, such as the Downing Centre Local Court and others, which do not have the requisite specialist family law expertise. This was done following the relocation of the St James Local Court Sydney, which had previously handled such matters under an agreement with the Commonwealth. The policy objective of the Proclamation is to ensure that family law proceedings are managed by courts with the appropriate specialised knowledge, thereby maintaining the quality and efficiency of the child support assessment process.
Scope and Application
The Child Support (Assessment) Act 1989, as amended by the Child Support (Assessment) Proclamation 2007, governs the institution and transfer of child support assessment proceedings within Australia. The Act applies to individuals and entities involved in child support assessment matters, encompassing the processes and transactions related to child support obligations. The Proclamation specifically affects the jurisdiction of courts in New South Wales, prohibiting the institution or transfer of child support proceedings to certain Local Courts in Sydney from 23 April 2007. This restriction aims to ensure that such matters are handled by courts with the requisite specialist family law expertise, following the relocation of the St James Local Court Sydney to the Children’s Court complex in Parramatta. The Proclamation also takes into account the availability of the Family Court of Australia and the Federal Magistrates Court in the Sydney CBD as alternative venues for these proceedings. The geographic reach of this legislative instrument is limited to New South Wales, and it does not affect other states or territories. The Proclamation is a legislative instrument under the Legislative Instruments Act 2003 and commenced on the specified date, with consultations confirming no opposition from relevant courts and no requirement for a Regulation Impact Statement.
Key Provisions
The main operative sections of the Child Support (Assessment) Act 1989, as supplemented by the Summary Courts Jurisdiction - Child Support (Assessment) Proclamation 2007, focus on the jurisdiction of courts in relation to proceedings under the Act. Specifically, section 99(3) allows the Governor-General to fix a date by Proclamation on and after which proceedings in relation to matters arising under the Act may not be instituted in, or transferred to, a court of summary jurisdiction in a specified State or Territory (section 99(3)). The Proclamation, which took effect from 23 April 2007, restricts such proceedings in New South Wales to specific courts, thereby excluding the Downing Centre Local Court, the Central Local Court Sydney, the Local Court North Sydney, and the Local Court Newtown (section 99(4)(b)).
Under this legislation, parties or entities governed by the Act are obliged to ensure that any proceedings related to child support assessments are not instituted in or transferred to the excluded courts after the specified date. This requirement is critical for maintaining the integrity and efficiency of child support matters, which are better handled by courts with the requisite expertise and resources, such as the Family Court of Australia and the Federal Magistrates Court, both of which are located in the Sydney CBD. The NSW Government's relocation of the St James Local Court Sydney to Parramatta on 13 November 2006, and the subsequent request for the Proclamation, underscores the need for such regulatory measures to prevent proceedings from being handled in courts that lack the necessary specialist family law expertise.
Failure to comply with the restrictions set out in the Proclamation can lead to legal consequences. While the specific penalties for breaching the restrictions are not detailed in the Proclamation itself, breaches of the Child Support (Assessment) Act 1989 may typically result in civil or criminal penalties, depending on the nature and severity of the breach. The exact penalties can vary, but they may include fines or other sanctions as prescribed by relevant laws. It is important for all parties involved to adhere strictly to the jurisdictional limits imposed by the Proclamation to avoid any legal repercussions.