Explanatory Memorandum
(Circulated by authority of the Minister for Community Services, the Hon Larry Anthony MP)Schedule 8 - Supporting documents
Summary of proposed changes
Under this measure, it will no longer be a requirement that supporting documents , supplied with a partys application to depart from the child support formula assessment, be provided to the other party to the child support arrangement. Similarly, supporting documents supplied with the other partys reply to the first partys application for departure will not have to be given to the first party. However, the application or response form itself will continue to be made available to the other party, as required by natural justice.
Explanation of the changes
Under the Assessment Act, if a party to a child support arrangement applies to depart from the formula assessment (so that either more or less child support is payable), the application and any supporting documentation must be given to the other party to the arrangement. If the other party replies, that partys reply and supporting documentation must, similarly, be passed to the first party. Furthermore, if a departure is initiated by the Registrar, and if either party responds to an invitation to supply information, that response and any supporting documentation must be passed to the other party.
If either party does not want any supporting documentation provided to the other party (eg, containing information on subsequent partners, medical conditions or financial arrangements), the documentation is returned to the sender and may not be used in the decision making process.
All pertinent information in a departure process is contained in the application or response form - natural justice requires that this continue to be made available to both parties. However, this measure removes the compulsion on the Registrar to supply supporting documentation to the other party. Thus, privacy will be maintained, while still allowing the relevant documentation to be used in the decision making process.
The three items in this Schedule achieve this.
This measure commences on Royal Assent.