House of Representatives

Explanatory Memorandum

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

CHAPTER 16

THE CHILD SUPPORT (REGISTRATION AND COLLECTION) ACT 1988

OBJECTIONS TO DECISIONS OF THE CHILD SUPPORT REGISTRAR

OVERVIEW

Provide a ground of objection to a decision to credit an amount to a liability under section 71

THE CHILD SUPPORT (REGISTRATION AND COLLECTION) ACT 1988

PART VII - REVIEW OF DECISIONS

OBJECTIONS AGAINST CREDITS UNDER SECTION 71

Summary of proposed amendments

16.1 This amendment proposes that there be another ground for an objection against a decision of the Registrar in cases where an amount is credited to a liability under section 71.

Background to the legislation

16.2 Payments which are made directly between the parties or to third parties whilst a liability is registered for collection by the Agency may, upon application, be credited against the liability as if the payment was made to the Registrar.

16.3 There is provision for the payer to object if the Registrar refuses to credit an amount but no such ground for a payee if an amount is so credited.

16.4 Decisions on whether a payment should be credited often get down to a consideration of the balance of probabilities based on all of the evidence provided by the parties. In the event that a person believes the amount should not have been credited there should be a ready avenue to have the matter reconsidered.

Explanation of the proposed amendment

16.5 A new section 84A is inserted to provide the ground for objection [Clause 37]. The conditions attaching to the objection are the same as all other objections under the Act.

Commencement date

16.6 The amendment 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 amendment

Clause 2 proposes that this provision in the Act proposed by the Bill will commence on the date the Royal Assent is given.

Clause 37 inserts the new section 84A.