Family Assistance and Child Support Legislation Amendment (Protecting Children) Act 2018 (36 of 2018)

Schedule 1   Child support amendments

Part 1   Interim periods

Child Support (Assessment) Act 1989

31   Sections 52 and 53

Repeal the sections, substitute:

53 Section 51 does not apply in certain circumstances

(1) Section 51 does not apply in relation to a responsible person in relation to whom a determination is to be orhas been made under section 49 or 50 if:

(a) in a case where subparagraph 49(1)(a)(i) or 50(1)(a)(i) applies in relation to the determination - the day the application referred to in that subparagraph is made is after the end of the maximum interim period for the determination; or

(b) in a case where subparagraph 49(1)(a)(ii) or 50(1)(a)(ii) applies in relation to the determination - the day referred to in that subparagraph is after the end of the maximum interim period for the determination; or

(c) the Registrar has revoked the determination under section 54F or 54H.

(2) Section 51 also does not apply in relation to a responsible person in relation to whom a determination (a later determination ) has been made under section 49 or 50 if:

(a) an earlier determination determined the responsible person's percentage of care for a child under that section for the purposes of subsections 51(3) and (4); and

(b) the later determination is made after the end of the maximum interim period for the earlier determination; and

(c) the later determination relates to the same care arrangement as the earlier determination.

53A Meaning of interim period

(1) An interim period for a determination under section 49 or 50 of a responsible person's percentage of care for a child is (subject to subsection (4)) the period:

(a) beginning on:

(i) the responsible person's change of care day, unless subsection (2) applies; or

(ii) if subsection (2) applies - the day specified in that subsection; and

(b) ending:

(i) as set out in the applicable item of the following table, unless subparagraph (ii), (iii) or (iv) applies; or

(ii) if the person referred to in paragraph 51(1)(d) who has reduced care of the child ceases to take reasonable action to ensure that the care arrangement is complied with - on the day the person so ceases; or

(iii) if a care arrangement in relation to the child ceases to apply on a day - on that day; or

(iv) if a care arrangement in relation to the child begins to apply on a day - on the day before that day.

Beginning of later interim periods

(2) If:

(a) an interim period for the determination ends under item 2, 4 or 5 of the table in subsection (1) before the end of the maximum interim period for the determination; and

(b) the person referred to in paragraph 51(1)(d) who has reduced care of the child is taking reasonable action to ensure that the care arrangement is complied with; and

(c) the person (the second carer ) who has increased care of the child ceases to take reasonable action to participate in family dispute resolution before the end of the maximum interim period;

then a further interim period for the determination begins on the day the second carer ceases to take such reasonable action.

When a person takes reasonable action to participate in family dispute resolution

(3) A person who has increased care of a child takes reasonable action to participate in family dispute resolution if:

(a) the person:

(i) initiates and participates in family dispute resolution; or

(ii) participates in family dispute resolution that was initiated by the person referred to in paragraph 51(1)(d) who has reduced care of the child; and

(b) in relation to determining whether an interim period begins on the change of care day for the person - the person takes an action referred to in paragraph (a) within a reasonable period of that day.

Determinations made before the end of a maximum interim period

(4) A determination under section 49 or 50 of a responsible person's percentage of care for a child does not have an interim period if the determination is made under that section before the end of the maximum interim period for another determination under either of those sections of the responsible person's percentage of care for the child (see sections 54FA and 54HA).

53B When a person has increased care of a child

A person has increased care of a child if:

(a) a care arrangement applies in relation to the child; and

(b) the person should have had, or is to have, an extent of care of the child under the care arrangement during a care period; and

(c) the Registrar is satisfied that the actual care of the child that the person has had, or is likely to have, during the care period is more than that extent of care.