House of Representatives

Explanatory Memorandum

(Circulated by the authority of the Treasurer,the Hon. John Dawkins M.P.)

CHAPTER 9

THE CHILD SUPPORT ASSESSMENT ACT 1989

CORRECTION OF DRAFTING ERRORS AND OMISSIONS

OVERVIEW

Corrects a number of minor errors and omissions in the Act

THE CHILD SUPPORT (ASSESSMENT) ACT 1989

VARIOUS PARTS AND DIVISIONS

Summary of proposed amendments

9.1 These amendments are being made to correct a number of minor errors and omissions in amendments made in the Child Support Legislation Amendment Act No.13 1992. They in no way change the basic thrust of the existing legislation. They are as follows:

(1)

Section 13 is amended to reflect the fact that Queensland have now referred their powers over ex nuptial children to the Commonwealth [Clause 9].

(2)

Section 76. A new sub section (now 76(3)[aa]) should have been inserted to require the Registrar to issue a statement to parties to assessments of their right to seek a review under Part 6A [Clause 20(a)]. This happens in practice but should be a requirement at law. Section 76(3)(b) is amended consequentially to the amendment to section 115 [Clause 20(b)].

(3)

Section 98A is amended to ensure all assessments before those starting on 1 July 1992 may not be reviewed by the Registrar [Clause 21].

(4)

A new section 98EA is inserted to allow the Registrar to refer to the court cases for determination which are too complex to be dealt with under Part 6A. [Clause 22] . This is an extension of the existing provision of allowing courts to otherwise hear departure cases if there is another matter pending before it.

(5)

Amend section 98G consequential upon the insertion of the new section 98EA [Clause 23].

(6)

Insert a new section 98M to ensure child support assessments remain payable during the period a review is pending under Part 6A [Clause 24].

(7)

Repeal the existing section 115 and replace it with a new section 115. The new section ensures that there are three distinct types of cases that can go directly to court or be considered by a court under the departure provisions [Clause 25].

The intention is that all pre Part 6A cases are eligible to be considered by a court, that cases where the Registrar has made, or refused to make, a determination under Part 6A may go to court and any other case at all where another matter is pending before the court (including pre Part 6A cases and Part 6A cases already decided by the Registrar) and the court is of the view that an assessment for a year starting on and after 1 July 1992 should be departed from, may be considered at the same time as the other matter, notwithstanding that it should otherwise go before the Registrar under Part 6A. This avoids the situation of having to apply to different places when the one place, the court, can consider and decide all the matters together.

(8)

Section 140 is amended to allow persons to obtain a stay order from the court while there is an outstanding review under Part 6A [Clause 27].

(9)

Section 149 is amended to allow the Registrar to delegate all or any of his powers under the Act to a person who is not an employee of the Australian Public Service and is engaged for the purposes of Part 6A [Clause 28].

Explanation of the proposed amendments

9.2 All of the amendments are corrections and/or necessary consequential amendments from the Child Support Legislation Amendment Bill 1992.

Commencement date

9.3 The amendments 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 these provisions in the Act proposed by the Bill will commence on the date the Royal Assent is given.

Clause 9 amends section 13

Clause 20 amends section 76

Clause 21 amends section 98A

Clause 22 inserts a new section 98EA

Clause 23 consequentially amends section 98G

Clause 24 inserts a new section 98M

Clause 25 replaces the old section 115 with a new section

Clause 27 amends section 140

Clause 28 amends section 149