Explanatory Memorandum
(Circulated by the authority of the Treasurer,the Hon John Dawkins MP)CHAPTER 6
THE CHILD SUPPORT ASSESSMENT ACT 1989
URGENT MAINTENANCE ORDERS AND STAY ORDERS
Clarify section 139 by ensuring orders end if there is no entitlement to child support under the Act and remove an anomaly
THE CHILD SUPPORT (ASSESSMENT ) ACT 1989
DIVISION 7 PART 7
URGENT MAINTENANCE ORDERS AND STAY ORDERS
6.1. The proposed amendment is to clarify section 139 and to correct an apparent anomaly in the area of urgent maintenance orders obtained under the child support legislation.
6.2 An urgent order for maintenance can only be obtained under the Act if an application for assessment has been made.
6.3. The amendment will ensure that any such order made ends on the date contained in the order. In the event that the Registrar ultimately makes a decision refusing to accept an application for assessment and the urgent maintenance order has not ceased to have effect, it will cease from the day the Registrar's decision becomes final to not accept the assessment application, or the time when a court's decision is final as to whether the custodian is entitled to child support under an assessment or a subsequent appeal against the court's decision.
6.4. Section 139 needs to be clarified and moreover there is a need to ensure that an urgent order for maintenance under the Act cannot continue in force after all of the processes to obtain maintenance under the Act have been finalised and there is no entitlement under that Act. The present position is considered to be anomalous.
6.5. The amendment will not deny a custodian from obtaining maintenance as it will be always open to apply to the court for an order under the Family Law Act. In the circumstances outlined this is the proper avenue to obtain maintenance.
Explanation of the proposed amendments
6.6. Section 139 will be amended by replacing the existing sub section (2) with a new sub section (2) and sections 139(2A) and (2B) saying an order made under section 139 has effect for the period specified in the order and if the Registrar ultimately does not accept the application for assessment and all of the court appeal processes have been completed, the order ceases to have effect [Clause 11].
6.7. The proposed amendment will apply from the date the Royal Assent is given to the Child Support Legislation (Amendment) Bill 1992 [Clause 2].
Clauses involved in the proposed amendment
Clause 2: proposes that the Act proposed by the Bill will commence on the date it is given the Royal Assent.
Clause 11: amends subsection 139(2) by replacing the subsection with a new subsection and adding sections 139(2A) and 139(2B).