Explanatory Memorandum
(Circulated by the authority of the Treasurer,the Hon. John Dawkins M.P.)General Outline and Financial Impact
The Child Support Legislation Amendment Bill No.2 1992 will amend the Administrative Decisions (Judicial Review) Act 1977, the Child Support (Assessment) Act 1989 and the Child Support (Registration and Collection) Act 1988 by making the following changes:
The Administrative Decisions (Judicial Review) Act 1977
Decisions of the Registrar under Part 6A of the Child Support (Assessment) Act 1989
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- Schedule 1 to the Act will be amended to include decisions under Part 6A of the Child Support (Assessment) Act 1989, being a decision to which the Act does not apply.
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- Proposal announced: Second reading speech.
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- Financial impact: This amendment is at no cost.
The Child Support (Assessment) Act 1989
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- Amends the child support formula to take account of substantial access to a child.
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- Proposal announced: 1992/3 Budget
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- Financial impact: This amendment has an estimated cost of $m1.7 in each of the next 3 years through lower DSS clawback.
Definition of an approved form
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- Amends the definition of an approved form.
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- Proposal announced: Second reading speech
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- Financial impact: This amendment is at no cost.
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- Extends the application of the Act to Queensland.
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- Proposal announced: Second reading speech.
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- Financial impact: This amendment is at no cost.
Taxable income not readily ascertainable
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- Allows the Registrar a degree of flexibility to choose a taxable income that is considered appropriate for use in the child support formula when one is not available.
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- Proposal announced: Second reading speech
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- Financial impact: The amendment itself is at no cost but being able to select a more realistic taxable income up to a maximum figure will provide continuity in payments to custodians and DSS savings.
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- Removes from the Act the provisions setting out the effect of income estimates and the revocation of estimates and allows Regulations to be prescribed for that purpose. Other changes to improve the operation of income estimates are also imcluded.
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- Proposal announced: Second reading speech
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- Financial implications: This amendment is at no cost.
Penalty for underestimation of taxable income
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- Imposes a penalty where an estimate or estimates of income are less than the actual income returned.
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- Proposal announced: Second reading speech
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- Financial impact: This amendment is at no cost but may add to the recovery of some costs.
Grounds for departing from an assessment
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- Extend the grounds for departure to include high costs of access to a child or another person who is not part of the child support assessment.
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- Proposal announced: Second reading speech.
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- Financial impact: The amendment itself is at no cost but there may be a very small cost to DSS outlays in the event an assessment is reduced on this ground.
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- Allows the Registrar to disclose to a law enforcement officer a threat has been made against a person if there is reason to believe the threat is evidence that an offence has been or may be committed.
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- Proposal announced: Second reading speech.
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- Financial impact: This amendment is at no cost.
Correction of drafting errors and omissions
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- There were a number of minor errors and omissions in amendments in the Child Support Legislation Amendment Act No.13 1992 which are corrected in this Bill. They are to sections 13, 76, 98A, 98EA, 98G, 98M, 115, 140, and 149.
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- Proposal announced: Second reading speech.
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- Financial impact: The amendments are all at no cost.
The Child Support (Registration and Collection) Act 1988
Definition of an approved form
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- Amends the definition of an approved form.
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- Proposal announced: Second reading speech
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- Financial impact: This amendment is at no cost.
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- Allows the Registrar to disclose to a law enforcement officer a threat has been made against a person if there is reason to believe that the threat is evidence that an offence has been or may be committed.
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- Proposal announced: Second reading speech.
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- Financial impact: This amendment is at no cost.
Private maintenance for Stage I clients
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- Allows new claimants for additional family payment to opt for private collection of maintenance.
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- Proposal announced: 1992/3 Budget
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- Financial impact: The estimated savings from this measure in 1992/3 is $m0.32, in 1993/4, 1994/5 and 1995/6 $m1.06 in each year.
Penalty for late payment of child support
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- Modifies penalty imposition by removing the flat penalty amount and substituting a pro rata per annum amount on the total amount outstanding at the end of each month.
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- Proposal announced: 1992/3 Budget
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- Financial impact: The amendment is estimated to save $m0.50 in 1992/3, and $m1.00 in each of the next three out years
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- Changes the ownership of all child support overpayments from the Secretary of the Department of Social Security to the Registrar of Child Support.
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- Proposal announced: Second reading speech.
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- Financial impact: This amendment is at no cost.
Objections against credits made under section 71
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- Extends the grounds of objection against a decision of the Registrar to credit an amount of maintenance against a liability.
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- Proposal announced: Second reading speech.
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- Financial impact: This amendment is at no cost.
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- Allows a statement or averment as prima facie evidence of a matter in a prosecution.
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- Proposal announced: Second reading speech.
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- Financial impact: This amendment is at no cost.
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- Allows Regulations to be made specifying how payments received may be applied by the Registrar.
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- Proposal announced: Second reading speech
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- Financial impact: This amendment is at no cost.