Explanatory Memorandum
(Circulated by the authority of the Treasurer,the Hon John Dawkins MP)CHAPTER 3
THE CHILD SUPPORT ASSESSMENT ACT 1989
ORDERS FOR DEPARTURE FROM ADMINISTRATIVE ASSESSMENT
Consequential amendments following upon the establishment of the administrative review process.
THE CHILD SUPPORT (ASSESSMENT ) ACT 1989
DIVISION 4 PART 7
ORDERS FOR DEPARTURE FROM ADMINISTRATIVE ASSESSMENT
3.1. The Bill amends section 115 and 116 of the Act to recognise that an application to a court for an order to depart from an administrative assessment only applies to cases in which there has been a prior administrative review and that the court may only accept applications for a departure from an assessment where the Registrar has made, or refused to make, a determination in respect of the assessment which is the subject of the application.
3.2. The amendments proposed are essentially consequential upon the introduction of the new administrative review process to be conducted by the Registrar.
3.3. The proposed amendments ensure that either party who wishes to have a court consider the administrative assessment and make an order, must first have made application for administrative review and a determination has been made, or not made, as the case may be, as a result of that process [Clause 6]. If not, the court cannot accept an application for an order for departure [Clause 7].
3.4. The amendment will apply to all administrative assessments that commence on and after 1 July 1992.
Clauses involved in the proposed amendment
Clause 6: will ensure that the only cases that can proceed to court for a departure order are those in which a determination has been made, or refused to be made, by the Registrar.
Clause 7: will ensure that an application can only be made for an order for departure to a court in respect of an administrative assessment upon which the Registrar has made, or refused to make, a determination on the application for administrative review.