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Child Support (Assessment) Act 1989
In force
Administered by
Department of Social Services
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C2008C00027
01 January 2008
-
30 June 2008
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Part 1—Preliminary
1 Short title [see Note 1]
2 Commencement [see Note 1]
3 Duty of parents to maintain their children
4 Objects of Act
4A Application of the Criminal Code
5 Interpretation—definitions
6 Interpretation—expressions used in Registration and Collection Act
7 Interpretation—expressions used in Part VII of Family Law Act
7A Meaning of child support period
7B Meaning of eligible carer
8 Interpretation—shared ongoing daily care and major and substantial care
8A Interpretation—modification of meaning of care if court order etc. contravened
9 Interpretation—meaning of separated
10 Interpretation—meaning of resident of Australia
12 Interpretation—happening of child support terminating events
13 Extension and application of Act in relation to maintenance of exnuptial children
14 Additional application of Act in relation to maintenance of children of marriages
15 Corresponding State laws
16 Act to bind Crown
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Part 2—Counselling
17 Court counselling facilities to be made available
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Part 3—Children who may be covered by Act
18 Act applies only in relation to eligible children
19 Children born on or after commencing day are eligible children
20 Children of parents who separate on or after commencing day are eligible children
21 Children with a brother or sister who is an eligible child are eligible children
22 Exclusion of certain children from coverage of Act
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Part 4—Applications to Registrar for administrative assessment of child support
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Division 1—Application requirements
23 Application requirements generally
24 Children in relation to whom applications may be made
25 Persons who may apply—eligible carers
25A Persons who may apply—parents other than eligible carers
26 Requirements of application where there are joint carers
26A Requirements of application if child is cared for under child welfare law
27 Application for administrative assessment
28 Application for child support for 2 or more children made in same form etc.
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Division 2—Decision on application
29 How decision is to be made
30 Decision on application
30A No administrative assessment or acceptance of agreement if contrary to international maintenance arrangement
30B Registrar may refuse application for administrative assessment if overseas liability already registered
31 Liability to pay child support arises on acceptance of application etc.
32 Withdrawal of application by applicant
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Division 3—Notice of decision
33 Notice to be given to unsuccessful applicant
34 Giving notice of successful application
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Part 4A—Assessments of child support for later child support periods
34A Registrar must make assessment when new taxable income figure is available
34B Administrative assessment for child support period started by new agreement when support already payable
34C Administrative assessments for child support periods not started by application or new agreement
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Part 5—Administrative assessment of child support
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Division 1—The basic formula
35 Application of basic formula to determine annual rate of child support
36 The basic formula
37 Liable parent’s child support percentage
38 Liable parent’s child support income amount
38A Liable parent’s supplementary amount
39 Liable parent’s exempted income amount
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Division 2—Modifications of the basic formula for certain cases
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Subdivision A—General
40 Division subject to departure orders and child support agreements
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Subdivision C—Liable parents with high child support income
42 Cap on child support if child support income amount exceeds 2.5 times yearly equivalent of EAWE amount
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Subdivision D—Carer parents with child support income of more than disregarded income amount
43 Cases in relation to which Subdivision applies
44 Reduction of child support if carer’s child support income amount exceeds carer’s disregarded income amount
45 Carer’s child support income amount
45A Entitled carer’s supplementary amount
46 Carer’s disregarded income amount
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Subdivision E—Children shared or divided between parents
47 Cases in relation to which Subdivision applies
48 Application of the basic formula etc.
49 Offsetting of child support liabilities
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Subdivision F—Children with 2 liable parents
50 Cases in relation to which Subdivision applies
51 Application of the basic formula etc.
52 Cap on combined child support liabilities of 2 liable parents
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Subdivision G—Liable parents with 2 or more carers entitled to child support
53 Cases in relation to which Subdivision applies
54 Application of the basic formula etc.
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Subdivision H—Parents whose care is modified by effect of court order/parenting plan
54A Cases in relation to which Subdivision applies
54B Application of basic formula etc.
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Division 3—Child support income amount
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Subdivision A—Child support income amount determined by reference to taxable income for last relevant year of income
56 Taxable income assessed under Income Tax Assessment Act to be taxable income for child support purposes
57 Taxable income for child support purposes where taxable income determined to be nil under Income Tax Assessment Act etc.
58 Taxable income or supplementary amount not readily ascertainable
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Subdivision AA—Overseas income
58A Inclusion of overseas income in working out a person’s child support income amount
58B Determination of overseas income if information and documents in Registrar’s possession are sufficient
58C Determination of overseas income if information and documents in Registrar’s possession are insufficient
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Subdivision B—Child support income amount determined by reference to estimate of taxable income and supplementary amount for rest of current child support period
59 Interpretation
60 Choosing child support income amount for remainder of child support period
60A Registrar may refuse to accept election
60B Notice to be given if Registrar refuses to accept election
61 Effect of election
62 Revocation of election
63 Effect of revocation
63A Amendment of assessment based on election if event affecting accuracy of estimate occurs
63B Amendment of assessment based on election if Registrar asks for information supporting estimate
64 Reconciliation of estimated and actual taxable income and supplementary amount after end of child support period
64A Penalty for underestimating taxable income and supplementary amount
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Division 4—Provisions relating to the making of assessments
65 How assessment is to be made
66 Minimum annual rate of child support
66A Registrar may reduce an assessment to nil in certain cases
66B Section 66 does not apply in certain cases
66C Notice to be given to unsuccessful applicant
67 Assessment to relate to all children for whom child support payable by liable parent
68 Assessment to relate to whole or part of single child support period
69 Conversion of annual rates into daily rates of payment
70 Evidence relating to assessments
71 Assessment for part of a child support period
72 Validity of assessments
73 Assumptions as to future events
74 Registrar to give effect to happening of child support terminating events etc.
74A Date of effect of change in care
75 Amendment of assessments
76 Notice of assessment to be given to liable parent etc.
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Division 5—Liability to pay child support as assessed
77 Effect of assessment
78 When amounts of child support due and payable
79 Recovery of amounts of child support
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Part 6—Consent arrangements
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Division 1—Introduction
80 Cases in relation to which Part applies
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Division 2—Child support agreement requirements
81 Child support agreement requirements generally
82 Children in relation to whom agreements may be made
83 Persons who may be parties to agreements
84 Matters in relation to which agreements may make provision
85 Formal requirements for agreements
87 Agreement may be made in relation to 2 or more children etc.
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Division 3—Applications to Registrar for acceptance of child support agreements
88 Application requirements generally
89 Formal requirement for applications
90 Application for 2 or more separate agreements may be made in same form
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Division 4—Decisions on applications
91 How decision is to be made
91A Procedure where payee is in receipt of, or a claimant for, family tax benefit
92 Decision on application
93 Liability to pay child support arises on acceptance of application where child support not already payable etc.
94 Registrar to take action to give effect to accepted child support agreement where child support already payable
95 Effect of certain provisions of accepted child support agreements
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Division 5—Notice of the decision
96 Notice of decision to be given
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Division 6—Variation of child support agreements
97 Child support agreement may be varied by subsequent agreement
98 Variation etc. of provisions of child support agreement by court order
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Part 6A—Departure from administrative assessment of child support (departure determinations)
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Division 1—Preliminary
98A Simplified outline
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Division 2—Departures initiated by a liable parent or carer
98B Application for determination under Part
98C Matters as to which Registrar must be satisfied before making determination
98D Formal requirements for application
98E Registrar may refuse to make determination because issues too complex
98F Application disclosing no grounds etc. for making determination—how dealt with
98G Other party to be notified
98H Procedure for dealing with application
98J Subsequent applications
98JA Notice of refusal to be served on parties
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Division 3—Departures initiated by the Registrar
98K Registrar may initiate a determination under this Part
98L Matters as to which Registrar must be satisfied before making determination
98M Parties to be notified
98N Replies
98P Parties may jointly elect that Registrar discontinue proceedings
98Q Procedure
98R Registrar may refuse to make determination because issues too complex
98RA Notice of refusal to be served on parties
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Division 4—Determinations that may be made under this Part
98S Determinations that may be made under Part
98SA Variation not to be below minimum annual rate of child support
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Division 5—Child support agreements
98T Parties may enter into child support agreement
98U Decision on child support agreement
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Division 6—Pending applications
98V Pending application not to affect assessment
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Part 7—Court review of certain decisions
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Division 1A—Preliminary
98W Simplified outline
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Division 1—Jurisdiction of courts
98X Simplified outline
99 Jurisdiction of courts under Act
100 Application of Family Law Act
101 Appellate jurisdiction of Family Court under Act
102 Appeals to Full Court of Family Court from courts other than the Federal Magistrates Court and the Magistrates Court of Western Australia
102A Appeals to Family Court from the Federal Magistrates Court and the Magistrates Court of Western Australia
103 Cases stated
104 Appeals to High Court
105 Appeals from courts of summary jurisdiction
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Division 2—Entitlement to administrative assessment
106 Simplified outline
106A Declaration that a person is entitled to administrative assessment—carer applications
106B Declaration that a person is entitled to administrative assessment—liable parent applications
107 Declaration that a person is not entitled to administrative assessment—carer applications
107A Declaration that a person is not entitled to administrative assessment—liable parent applications
108 Implementation of decisions
109 Pending application not to affect assessment
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Division 3—Application for amendment of administrative assessment that is more than 18 months old
110 Simplified outline
111 Application for amendment of administrative assessment that is more than 18 months old
112 Court may grant leave to amend administrative assessment that is more than 18 months old
113 Implementation of decisions
113A Pending application not to affect assessment
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Division 4—Orders for departure from administrative assessment in special circumstances (departure orders)
113B Simplified outline
114 Additional particular objects of Division
116 Application for order under Division
117 Matters as to which court must be satisfied before making order
117A Provisions relating to income earned for the benefit of resident children
118 Orders that may be made under Division
119 Implementation of orders
120 Pending proceeding not to affect assessment
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Division 5—Orders for provision of child support otherwise than in form of periodic amounts paid to carer
121 Additional particular objects of Division
122 Cases in relation to which Division applies
123 Application for order under Division
124 Orders for provision of child support otherwise than in form of periodic amounts paid to carer entitled to child support
125 Court to state relationship between order and assessed child support
126 Court to give reasons for order
127 Effect of orders on administrative assessment of child support
128 Pensioners entitled to apply to have assessed child support not reduced by more than 25%
129 Modification of orders under Division
130 Court to give reasons for modifications
131 Court may make orders consequential upon the discharge of orders etc.
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Division 6—Setting aside accepted child support agreements
135 Simplified outline
136 Power of court to set aside agreements
137 Court may make orders consequential on setting aside of agreement
138 Implementation of decisions
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Division 7—Urgent maintenance orders
138A Simplified outline
139 Urgent maintenance orders
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Division 8—Provisions relating to court orders
140A Simplified outline
141 General powers of court
142 Cessation of orders under Act
143 Amounts paid where no liability to pay exists etc.
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Division 9—Miscellaneous
143A Simplified outline
143B Frivolous or vexatious proceedings
144 Determining when decision of a court becomes final
145 Registrar may intervene in proceedings
146 Copies of orders to be forwarded to Registrar
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Part 8—Administration
147 Secretary has general administration of Act
148 Annual report
149 Delegation
150 Secrecy
150AA Offence of unauthorised use of information
150A Applications, notices, elections and replies to be in the manner specified by the Registrar
150B Registrar’s power to request tax file numbers
150C Effect of failure by person to satisfy request for person’s tax file number
150D Registrar may require Commissioner to provide information
150DA Registrar’s jurisdiction to cease in certain circumstances
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Part 9—Miscellaneous
151 Election by carer entitled to child support to end administrative assessment
151A Procedure where person making election is receiving more than the base rate of family tax benefit Part A
151B Application for assessment/agreement to continue beyond child’s 18th birthday
151C Application for assessment/agreement to continue—Registrar’s decision
151D Application under subsection 151B(1) for assessment/agreement to continue—consequences of acceptance
151E Applications under subsection 151B(1A) in respect of administrative assessments—consequences of acceptance
152 Court order etc. to cease to have effect where child support becomes payable
153 Evidentiary certificates by Registrar
154 Changes in published EAWE figures to be disregarded
155 Publication of EAWE and social security pension figures
156 Rounding of amounts
157 Appearance by Registrar in proceedings etc.
158 Judicial notice of signature of Registrar etc.
159 False or misleading statements
159A Statements made recklessly etc.
159B Failure to notify required information
160 Notification requirements
161 Obtaining of information and evidence
162 Order to comply with requirement
162A Obtaining information in relation to residents of reciprocating jurisdictions
162B Regulations may prescribe manner of giving notices or other communications
163 Act not a taxation law
163A Certain instruments not liable to duty
163B Regulations in relation to overseas-related maintenance obligations etc.
164 Regulations
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Part 10—Amendments of the Child Support Act 1988
Sections 165–188
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Part 11—Amendments of the Family Law Act 1975
Sections 189–195
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Part 12—Amendments of the Social Security Act 1947
Sections 196–198
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Part 13—Amendment of the Taxation Administration Act 1953
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Sections 199, 200
Notes to the STYLEREF ShortT \* MERGEFORMAT Child Support (Assessment) Act 1989
