Explanatory Memorandum
(Circulated by the authority of the Treasurer,the Hon. John Dawkins M.P.)CHAPTER 7
THE CHILD SUPPORT ASSESSMENT ACT 1989
MATTERS AS TO WHICH A COURT MUST BE SATISFIED BEFORE MAKING AN ORDER
Extends the grounds for departure from assessments
THE CHILD SUPPORT (ASSESSMENT) ACT 1989
PART 7 DIVISION 4-ORDERS FOR DEPARTURE FROM ADMINISTRATIVE ASSESSMENT IN SPECIAL CIRCUMSTANCES
MATTERS AS TO WHICH A COURT MUST BE SATISFIED BEFORE MAKING ORDER
Summary of proposed amendments
7.1 The proposed amendment extends the grounds for departure from administrative assessment available in respect of children and other persons who are part of an assessment to children and other persons who are not part of the assessment if there is a duty to maintain.
7.2 Section 117(2)(b)(i)(A) recognises that where a person has high costs associated with enabling access to a child included in the assessment, it is open to a child support review officer or a court to allow the assessment to be departed from on this ground. The ground does not extend to children or other persons who the person has a duty to maintain and who are not part of the assessment.
7.3 On grounds of equity persons should be able to seek a departure in these circumstances.
Explanation of the proposed amendments
7.4 Section 117(2)(a) is amended by the insertion of a new sub section (iv), the wording of which is basically the same as in 117(2)(b)(i)(A) [Clause 26(a)]. The other changes are to improve grammatically the expression "enabling a parent access" to "enabling a parent to have access" [Clauses 26(b) to (e)].
7.5 The amendment will apply from the date the Royal Assent is given to the Child Support Legislation Amendment Bill No.2 1992.
Clauses involved in the proposed amendments
Clause 2 proposes that this provision in the Act proposed by the Bill will commence on the date Royal Assent is given.
Clause 26(a) inserts a new subsection (iv) to section 117(2)(a)
Clauses 26(b) to (e) change to the expression "enabling a parent access" to "enabling a parent to have access".