Explanatory Memorandum
(Circulated by the authority of the Assistant Treasurer,Senator the Hon Jim Short)Chapter 4 Family Law Act 1975 changes
Overview
4.1 Items 15 to 17 of Schedule 1 of the Bill will amend sub-section 29(2) of the Child Support (Assessment ) Act 1989 (the Assessment Act) to ensure that child support legislation which allows the Registrar to be satisfied a person is a parent of a child continues to be closely aligned with similar provisions in the Family Law Act 1975.
Summary of the amendments
4.2 The purpose of the amendments is to more closely align the Assessment Act with the new parentage provisions of the Family Law Act 1975.
4.3 The amendment will apply from the 28th day after the day on which the bill receives Royal Assent.
Background to the legislation
4.4 The Family Law Reform Act 1995 re-enacted a number of the parentage presumptions with some changes. The current amendments are required as a consequence of these changes.
Explanation of the amendments
4.5 Paragraph 29(2)(c) of the Child Support (Assessment) Act 1989 currently refers to 'an Australian court or a court of a prescribed overseas jurisdiction'. The enactment of section 69S to replace the former section 66S of the Family Law Act has replaced the term 'an Australian court' with the term 'prescribed court'. This is defined to mean 'a federal court, a court of a state or Territory or a court of a prescribed overseas jurisdiction'.
4.6 The proposed amendment will reflect this change in terminology as well as incorporating the new wording of the parentage presumption arising from findings of Court contained in the Family Law Act 1975. [Item 15 - new paragraph 29(2)(c)]
4.7 References to the period of '10 months' in the former parentage provisions have been replaced in the new sections 69P and 69Q with '44 weeks'.
4.8 The proposed amendments will reflect this change. [Item 16 -amended paragraph 29(2)(f), subparagraph 29(2)(g)(iv) and the new paragraph 29(2)(h) which is outlined in paragraph 4.9 below]
Presumption arising from cohabitation
4.9 The presumption arising from cohabitation has been amended in the new section 69Q from requiring a period of not less than 6 months cohabitation, including the time 10 months before the birth, and replaced with a presumption arising from cohabitation which arises during the time when conception is most likely to occur.
4.10 The proposed amendments will reflect this change. [Item 17 - new paragraph 29(2)(h).]