Social Services Legislation Amendment (Child Support and Family Assistance Technical Amendments) Act 2024 (11 of 2024)

Schedule 1   Amendments

Part 2   Application and validation provisions

12   Validation of percentage of care determinations - family assistance

(1) If:

(a) a determination that was made, or purportedly made, in relation to an individual and a child in the relevant period under section 35A or 35B of the Family Assistance Act for the purposes of section 35C of that Act would, apart from this item, be wholly or partly invalid or ineffective only because of the operation of paragraph 35F(1)(c) of that Act, as in force in that period; and

(b) the change of care day for the individual and the child occurred in the relevant period;

then the determination, and any other decision covered by subitem (2), is as valid and effective, and is taken always to have been as valid and effective, as it would have been had section 35F of the Family Assistance Act, as amended by this Act, been in force during that period.

(2) This subitem covers a decision that was made under the Family Assistance Act or the Family Assistance (Administration) Act in the relevant period in relation to the individual or another individual in connection with the making of the determination.

(3) This item does not affect rights or liabilities arising between parties to proceedings heard and finally determined by a court before the commencement of this item, to the extent that those rights or liabilities arose from, or were affected by, a determination, or other decision, referred to in subitem (1).

(4) In this item:

relevant period means the period beginning on 23 May 2018 and ending at the end of the day before the commencement of this item.