Explanatory Memorandum
(Circulated by the authority of the Treasurer,the Hon John Dawkins MP)CHAPTER 1
THE CHILD SUPPORT ASSESSMENT ACT 1989
PARENTS AND RELATIVES OF CHILDREN SUBJECT TO A CHILD WELFARE LAW
Extends the eligibility of the Assessment Act to the parents and relatives of a child who is subject to a child welfare law.
THE CHILD SUPPORT (ASSESSMENT) ACT 1989
PERSONS WHO MAY APPLY
1.1. The Bill will amend the Assessment Act to extend eligibility for administrative assessment to parents and relatives who have the care of children subject to a child welfare law.
1.2. All children who are the subject of a child welfare law have to date been excluded from obtaining an order for maintenance or from applying to the Registrar for an assessment of child support. Following upon agreement between the Social Welfare Ministers of the Commonwealth and the States, the Committee of Attorneys General agreed that these children should be eligible for maintenance and that it be paid under the Commonwealth jurisdiction.
1.3. To enable this to occur amendments to the Family Law Act 1975 and the Child Support Assessment Act 1989 were proposed.
Explanation of the proposed amendment
1.4. The proposed amendment widens the range of persons who can apply for administrative assessment to include parents and relatives of such children [Clause 4] This specific amendment is necessary because it is only parents and relatives who will automatically qualify for assessment. Foster parents and child welfare authorities do not automatically qualify.
1.5. Under a complementary change to the Family Law Act 1975 a Child Welfare Authority will be able to obtain an order for maintenance under that Act, at the discretion of the court, for payment to either a foster parent, alternative caregiver or the Authority itself.
1.6. Eligibility will extend to parents and relatives only upon each State and Territory referring its powers to the Commonwealth under the Commonweath Powers (Family Law - Children) Acts.
1.7. An amendment to the Child Support (Assessment) Regulations will be made as the powers are referred by each State and Territory so that eligibility is established.
Clause involved in the amendment
Clause 4:Will amend section 25 to add the persons who will be eligible to receive an assessment.