Explanatory Memorandum
Circulated By the Authority of the Minister for Families, Housing, Community Services and Indigenous Affairs, the Hon Jenny Macklin MPSchedule 4 - Other amendments
Summary
This schedule deals with miscellaneous amendments to the Family Assistance Act and Child Support Registration and Collection Act.
Explanation of changes
Amendments to the Family Assistance Act
Item 1 amends the definition for FTB child under subsection 3(1) of the Family Assistance Act. An eligibility condition for baby bonus and for maternity immunisation allowance is that the individual has an FTB child. This amendment will clarify the meaning of FTB child in relation to baby bonus and maternity immunisation allowance. New paragraphs (c) and (d) provide that, for baby bonus and maternity immunisation allowance, the definition of FTB child has the meaning given in Subdivision A of Division 1 of Part 3. However, in applying new Subdivision D of that Division to baby bonus and maternity immunisation allowance, a reference to a claim for FTB is taken as a reference to a claim for baby bonus or maternity immunisation allowance. Therefore, an individual's percentage of care for a child for the purposes of baby bonus or maternity immunisation allowance will be determined using the same rules as apply for determining a percentage of care for FTB.
Amendments to the Child Support Registration and Collection Act
Item 2 amends section 110N to reflect the amendment made by item 3.
Item 3 inserts a new Division 5 into Part VIIIA of the Child Support Registration and Collection Act. Each of these provisions applies to application for reviews to the AAT that are made under new subsection 103VA(1) and ensures that the Registrar can be a party to a review by the AAT where he or she made the original decision.
New section 110XA modifies subsection 29(11) of the AAT Act for the purposes of an application under subsection 103VA(1) so that all parties to the SSAT review of the decision, except the party making the application to the AAT, receive notice that there has been an application to the AAT for review of the decision made by the SSAT.
New section 110XB modifies paragraph 30(1)(b) of the AAT Act so that the parties to a review by the AAT under new subsection 103VA(1) are the same as the parties to the review by the SSAT.
New subsection 110XC(1) modifies section 37 of the AAT Act for the purposes of an application under new subsection 103VA(1) so that the original decision maker will be responsible for providing the AAT with a statement of reasons and documents.
New subsection 110XC(2) provides that, for the purposes of the Registrar's obligations under paragraph 37(1)(a) of the AAT Act in respect of an application under new subsection 103VA(1), the Registrar is taken to have complied by giving the AAT the statement prepared by the SSAT under paragraph 103X(3)(b).
New subsection 110XC(3) clarifies that the AAT's powers, under section 38 of the AAT Act, to obtain an additional statement is not limited by the operation of new subsection 110XC(2).
New section 110XD modifies section 38 of the AAT Act so that the person who is required to provide any additional statements under that section to the AAT is the SSAT Principal Member.
New subsection 110XE(1) modifies subsection 41(4) of the AAT Act for the purposes of an application under new subsection 103VA(1). This provides that, where a party applies to the AAT for an order staying or otherwise affecting the operation or implementation of a decision made by the SSAT, each party to the review before the SSAT will be able to make submissions to the AAT.
New subsection 110XE(2) clarifies that the 'decision' referred to in section 41 of the AAT Act for the purposes of an application under new subsection 103VA(1) is to be taken to be the original decision and: the decision as varied by the SSAT if it was varied; or the new decision if the original one was set aside; or any decision made as a result of the matter being sent back to the Registrar with directions or recommendations.
New section 110XF modifies subsection 42A(2) of the AAT Act so that the AAT may not prevent the Registrar from being a party to proceedings before the AAT.