House of Representatives

Explanatory Memorandum

(Circulated by the authority of the Treasurer,the Hon John Dawkins MP)

CHAPTER 5

THE CHILD SUPPORT ASSESSMENT ACT 1989

AGREEMENTS MADE IN RELATION TO CHILDREN

Overview:

Decisions made by the Registrar on agreements under the administrative review process to be appealable to a court

THE CHILD SUPPORT (ASSESSMENT ) ACT 1989

DIVISION 6 PART 7

AGREEMENTS MADE IN RELATION TO CHILDREN

Summary of proposed amendment

5.1. The proposed amendment will ensure that a decision of the Registrar to accept or not accept a private agreement may be appealed to a court in a case where the parties come to that agreement before a determination is made by the Registrar on an application made for administrative review of an assessment.

Background to the legislation

5.2. The amendment is consequential to the changes being made to provide an administrative review process for assessments.

Explanation of the proposed amendment

5.3. The Bill will include a decision made by the Registrar on a consent agreement made by the parties during the course of an administrative review, and before a determination is made on that application for review, as being a decision which may be appealed to a court [Clause 10].

Commencement date

5.4. The amendment will apply to all applications for review of an administrative assessment that commences on and after 1 July 1992 and a consent agreement is either accepted or not accepted before a determination is made on the application.

Clauses involved in the proposed amendment

Clause 10 :amends section 132 of the Act to include as appealable decisions, decisions of the Registrar made on consent agreements during the course of the administrative review of an assessment.