Child Support and Family Assistance Legislation Amendment (Budget and Other Measures) Act 2010 (65 of 2010)
Schedule 2 Percentage of care
Part 1 Amendments
Child Support (Registration and Collection) Act 1988
97 At the end of Part VIIIA
Add:
Division 6 - Date of effect of reviews under the Family Assistance Administration Act
110Y Date of effect of internal reviews under the Family Assistance Administration Act that apply for child support purposes
(1) This section applies if:
(a) the Family Assistance Secretary reviews, under section 105 or 109A of the Family Assistance Administration Act, a decision (the original decision ) relating to a person; and
(b) the review of the original decision involves (wholly or partly) a review of a determination that:
(i) was made under a provision of Subdivision D of Division 1 of Part 3 of the Family Assistance Act; or
(ii) has effect, under section 35T of that Act, as if it were a determination made under such a provision; and
(c) either:
(i) the decision on the review under section 105 of the Family Assistance Administration Act is made more than 28 days or, if the person is a resident of a reciprocating jurisdiction, 90 days after notice of the original decision was given; or
(ii) the application for review of the original decision under section 109A of the Family Assistance Administration Act was made more than 28 days or, if the person is a resident of a reciprocating jurisdiction, 90 days after notice of the original decision was given; and
(d) the decision (the review decision ) on the review has the effect of varying the determination or substituting a new determination; and
(e) the determination as varied or substituted has effect, under sections 54K and 54L of the Assessment Act, as if it were a determination made under Subdivision B of Division 4 of Part 5 of that Act.
(2) The date of effect of the review decision, to the extent that it has the effect referred to in paragraph (1)(d), is:
(a) for a review under section 105 of the Family Assistance Administration Act - the day on which the review decision is made; or
(b) for a review under section 109A of the Family Assistance Administration Act - the day on which the application for review was made.
(3) If the Registrar is satisfied that there are special circumstances that prevented the application for review from being made within the period referred to in subparagraph (1)(c)(ii), the Registrar may determine that subsection (1) applies as if:
(a) in a case where the person is a resident of a reciprocating jurisdiction - the reference to 90 days in that subparagraph were a reference to such longer period as the Registrar determines to be appropriate; or
(b) otherwise - the reference to 28 days in that subparagraph were a reference to such longer period as the Registrar determines to be appropriate.
(4) If:
(a) the Registrar decides to make a determination under subsection (3) in relation to a person; or
(b) the Registrar decides not to make such a determination in relation to a person;
the Registrar must give written notice of the decision to each person affected by the decision.
(5) The notice must:
(a) set out the reasons for the decision; and
(b) include a statement to the effect that, if the person is aggrieved by the decision, application may be made, subject to this Act, to the SSAT for review of the decision.
(6) A contravention of subsection (5) in relation to a decision does not affect the validity of the decision.
110Z Date of effect of SSAT reviews under the Family Assistance Administration Act that apply for child support purposes
(1) This section applies if:
(a) a person applies to the SSAT, under section 111 of the Family Assistance Administration Act, for review of a decision (the original decision ); and
(b) the review of the original decision involves (wholly or partly) a review of a determination that:
(i) was made under a provision of Subdivision D of Division 1 of Part 3 of the Family Assistance Act; or
(ii) has effect, under section 35T of that Act, as if it were a determination made under such a provision; and
(c) the application for review of the original decision was made more than 28 days or, if the person is a resident of a reciprocating jurisdiction, 90 days after notice of the original decision was given; and
(d) the decision (the review decision ) on the review has the effect of varying the determination or substituting a new determination; and
(e) the determination as varied or substituted has effect, under sections 54K and 54L of the Assessment Act, as if it were a determination made under Subdivision B of Division 4 of Part 5 of that Act.
(2) The date of effect of the review decision, to the extent that it has the effect referred to in paragraph (1)(d), is the day on which the application for review was made.
(3) If the Registrar is satisfied that there are special circumstances that prevented the application for review from being made within the period referred to in paragraph (1)(c), the Registrar may determine that subsection (1) applies as if:
(a) in a case where the person is a resident of a reciprocating jurisdiction - the reference to 90 days in that paragraph were a reference to such longer period as the Registrar determines to be appropriate; or
(b) otherwise - the reference to 28 days in that paragraph were a reference to such longer period as the Registrar determines to be appropriate.
(4) If:
(a) the Registrar decides to make a determination under subsection (3) in relation to a person; or
(b) the Registrar decides not to make such a determination in relation to a person;
the Registrar must give written notice of the decision to each person affected by the decision.
(5) The notice must:
(a) set out the reasons for the decision; and
(b) include a statement to the effect that, if the person is aggrieved by the decision, application may be made, subject to this Act, to the SSAT for review of the decision.
(6) A contravention of subsection (5) in relation to a decision does not affect the validity of the decision.