Child Support Legislation Amendment (Reform of the Child Support Scheme - New Formula and Other Measures) Act 2006 (146 of 2006)

Schedule 2   Consequential amendments and application and saving provisions relating to the formulas

Part 1   Consequential amendments

Child Support (Assessment) Act 1989

80   Section 106A

Repeal the section, substitute:

106A Declaration that a person is entitled to administrative assessment

(1) This section applies if:

(a) the Registrar refuses to accept from an applicant an application for administrative assessment of child support for a child under subsection 30(2); and

(b) one of the reasons for the Registrar so refusing was that the Registrar was not satisfied under section 29 that a person who was to be assessed in respect of the costs of the child is a parent of the child.

Applications for declarations

(2) The applicant may apply to a court having jurisdiction under this Act for a declaration that:

(a) if the reason referred to in paragraph (1)(b) was the only reason for the Registrar refusing to accept the application - the applicant is entitled to administrative assessment of child support for the child because the person who was to be assessed in respect of the costs of the child is a parent of the child; and

(b) if the reason referred to in paragraph (1)(b) was one of the reasons for the Registrar refusing to accept the application - the applicant is entitled to have the Registrar reconsider the application under Division 2 of Part 4 because the person who was to be assessed in respect of the costs of the child is a parent of the child.

(3) The application must be made within:

(a) the time prescribed by the applicable Rules of Court; or

(b) such further time as is allowed under the applicable Rules of Court.

Parties

(4) Subject to section 145 (Registrar may intervene in proceedings), the parties to the proceeding are:

(a) the applicant; and

(b) the parent who was to be assessed in respect of the costs of the child.

Declarations

(5) The court may grant the declaration if the court is satisfied that:

(a) if the reason referred to in paragraph (1)(b) was the only reason for the Registrar refusing to accept the application - the person is entitled to administrative assessment of child support because the person who was to be assessed in respect of the costs of the child is a parent of the child; or

(b) if the reason referred to in paragraph (1)(b) was one of the reasons for the Registrar refusing to accept the application - the applicant is entitled to have the Registrar reconsider the application under Division 2 of Part 4 because the person who was to be assessed in respect of the costs of the child is a parent of the child.

(6) If the court grants the declaration:

(a) if the reason referred to in paragraph (1)(b) was the only reason for the Registrar refusing to accept the application - the Registrar is taken to have accepted the application for administrative assessment of child support; and

(b) if the reason referred to in paragraph (1)(b) was one of the reasons for the Registrar refusing to accept the application - the Registrar must reconsider the application under Division 2 of Part 4.