EXPLANATORY STATEMENT
Issued by the Authority of the Attorney‑General
Child Support (Registration and Collection) Act 1988
Summary Courts Jurisdiction – Child Support (Registration and Collection) Proclamation 2007
Subsection 104(3) of the Child Support (Registration and Collection) Act 1988 (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 104(4)(b) of the Act provides that a Proclamation under subsection 104(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 (Registration and Collection) Act 1988 was enacted to address the need for a systematic approach to the registration and collection of child support in Australia, aiming to ensure that children receive adequate financial support from their non-custodial parents. This Act was established by the Commonwealth Parliament, reflecting a policy objective to provide a streamlined and efficient process for the enforcement of child support obligations. In 2007, the Summary Courts Jurisdiction – Child Support (Registration and Collection) Proclamation was issued under the authority of the Attorney-General to amend the jurisdictional scope of the Act. The Proclamation, effective from 23 April 2007, prevents proceedings under the Act from being instituted in, or transferred to, certain Local Courts in New South Wales, such as the Downing Centre Local Court and others, due to the relocation of the St James Local Court Sydney, which had previously provided specialist family law services. This legislative measure ensures that family law matters are handled by courts with the necessary expertise, thereby maintaining the integrity and effectiveness of the child support enforcement system.
Scope and Application
The Child Support (Registration and Collection) Act 1988 applies to individuals and entities involved in child support proceedings, particularly focusing on the registration and collection of child support payments. This Act covers all persons and entities involved in child support matters, including parents, guardians, and government agencies responsible for the administration of child support. The Act’s jurisdiction extends nationally, but its application can be influenced by subordinate instruments such as the Child Support (Registration and Collection) Proclamation 2007. This particular proclamation restricts the institution or transfer of proceedings in certain local courts in New South Wales, specifically targeting the Downing Centre Local Court, the Central Local Court Sydney, the Local Court North Sydney, and the Local Court Newtown, effective from 23 April 2007. The objective of this restriction is to ensure that child support matters are handled by courts with the necessary specialist family law expertise, thereby maintaining the integrity and effectiveness of the child support system.
The proclamation is designed to prevent proceedings from being lodged in or transferred to local courts lacking such expertise, following the relocation of the St James Local Court Sydney to the Children’s Court complex in Parramatta. This measure was taken to uphold the standards set by the Commonwealth and NSW agreement under the Act, ensuring that family law matters receive appropriate judicial attention. This legislative instrument does not require a Regulation Impact Statement as it does not significantly impact businesses, and relevant courts such as the Family Court of Australia and the Federal Magistrates Court have not opposed its implementation.
Key Provisions
The Child Support (Registration and Collection) Act 1988 (the Act) includes several key sections that govern the registration and collection of child support. Section 104(3) allows the Governor-General to fix a date by Proclamation after which proceedings related to the Act cannot be instituted or transferred to a court of summary jurisdiction in a specified state or territory. Additionally, Section 104(4)(b) specifies that such a Proclamation can be tailored to apply to proceedings in a particular part of a state or territory. The Summary Courts Jurisdiction – Child Support (Registration and Collection) Proclamation 2007 (the Proclamation) declares that, from 23 April 2007, proceedings under the Act cannot be instituted 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 Act imposes several obligations on parties involved in child support proceedings. These obligations include ensuring that child support arrangements are registered and that payments are made according to the prescribed guidelines. The Act also mandates that parties provide accurate information and cooperate with the relevant authorities to facilitate the collection and enforcement of child support payments. Furthermore, the Act requires the Commonwealth to work closely with state and territory governments to ensure that child support matters are handled efficiently and appropriately within the legal framework.
Failure to comply with the provisions of the Act can lead to various consequences. Section 104(3) of the Act, as implemented by the Proclamation, prohibits the initiation or transfer of child support proceedings to certain local courts in New South Wales from 23 April 2007. This restriction aims to ensure that such matters are dealt with in courts that have the necessary expertise in family law. The legal framework provides for both civil and criminal penalties for breaches of the Act. For example, failure to register child support arrangements or to make payments as required can result in fines and other civil penalties. In more serious cases, such as deliberate non-compliance or fraudulent behaviour, criminal charges may be brought, potentially leading to imprisonment.
The Proclamation reflects a coordinated effort between the Commonwealth and the NSW Government to streamline the handling of child support matters. The relocation of the St James Local Court Sydney to the Children's Court complex in Parramatta in November 2006, along with the subsequent request for a Proclamation, underscores the importance of having specialist courts to manage family law cases effectively. The presence of the Family Court of Australia and the Federal Magistrates Court in the Sydney CBD provides alternative forums for such proceedings, ensuring that they are handled by courts with the requisite expertise. The Office of Best Practice Regulation confirmed that a Regulation Impact Statement was not necessary as the Proclamation did not significantly impact business operations. Moreover, the Family Court of Australia and the Federal Magistrates Court did not oppose the implementation of the Proclamation, highlighting the alignment of interests among the relevant judicial bodies.