Explanatory Memorandum
(Circulated by authority of the Minister for Family and Community Services, Senator the Hon Jocelyn Newman)Chapter 13 - Objections To Decisions of The Child Support Registrar
Overview
13.1 Schedule 13 of the Bill will amend the Child Support (Assessment) Act 1989 (the Assessment Act) to allow clients to object to decisions made by the Registrar.
Summary of the amendments
13.2 The proposed amendments will bring the Assessment Act into line with general Commonwealth administrative review practice and allow either parent to seek an internal review of all decisions made by the Registrar.
13.3 Immediately after the commencement of the "Departure from Administrative Assessment" amendments in Schedule 14 and will not apply in relation to the part of the 1998-99 child support year that occurs before the 1998-99 commencing date.
Background to the legislation
13.4 The only avenue to challenge the following decisions made by the Registrar under the Assessment Act is through the Family Court (which may be costly and time consuming):
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- acceptance or refusal to accept an application for administrative assessment
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- acceptance or refusal to accept an application for acceptance of a child support agreement
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- the particulars of an assessment made
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- review of decisions of the Registrar made under Part 6A (Departures from Administrative Assessments).
13.5 The Joint Committee raised concerns about the lack of internal review provisions in the Assessment Act and proposed Recommendations 76 to 84 to address this problem.
Explanation of the amendments
13.6 The proposed amendments will address Recommendations 76 to 84 of the Joint Committee and create the right of parties to object to decisions of the Registrar. As a general rule parties will be unable to go to court without first making an objection to the Registrar and the Registrar has disallowed or allowed the objection in part.
13.7 The amendments specifically provide for:
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- what decisions will be subject to objection and who can lodge an objection
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- when an objection can be made
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- how an objection can be lodged and how the Registrar is to consider an objection and advise the parties
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- what appeal rights exist after a decision on an objection by the Registrar.
[Item 1 - insert new Part 6B; Item 2 - amend section 5 to include a definition of the term "AAT"]
What decisions will be subject to objection
13.8 The proposed amendments will allow parties or a party to a decision to object to the following decisions of the Registrar:
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- to accept or refuse to accept an application for administrative assessment
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- any variations to the particulars of an administrative assessment
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- to make a departure determination
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- to accept or refuse to accept a child support agreement
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- to refuse to remit a penalty raised as a result of estimate reconciliation (section 64A)
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- certain refusal decisions which include:
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- refusal to make a departure determination
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- refusal to accept an estimate election or an application to continue an assessment after a child turning 18 years
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- refusal to grant an application to reduce an annual rate of child support payable to nil.
[Item 1 - insert new sections 98W, 98X and 98Y ]
13.9 Objections to decisions must be lodged within 28 days of the person being served with notice of the decision by the Registrar. However, where an application is made to extend this period, the Registrar will have the power to grant or refuse the application. [Item 1 - insert new sections 98Z and 98ZD]
How an objection can be lodged and how the Registrar is to consider an objection and advise the parties
13.10 The proposed amendments specify the procedures and requirements to be followed, both by persons making objections to decisions of the Registrar and by the Registrar in considering such objections. The proposed amendments will ensure that parties have a clear understanding of the objection process. [Item 1 - insert new sections 98ZA, 98ZB, 98ZC, 98ZE, and 98ZH]
13.11 The proposed amendments will amend the general notification requirements of the Registrar in relation to decisions to which parties may now object and will ensure that information as to objection and appeal rights will be provided to parties. [Item 3 - repeal subsection 33(2) and insert new section 33(2); Item 4 - repeal subsection 34(2) insert new section 34(2); Item 5 - insert new section 60B; Item 6 - insert new subsection 64A(5),(6) and(7); Item7 - insert new section 66C; Item 8 - repeal paragraph 76(3)(a) and insert new paragraph 76(3)(a); Item 9 - repeal subsection 96(2) and insert new subsection 96(2); Item 10 - insert new section 98JA; Item 11 - amend subsection 106(1); Item 12 - insert new subsection 106(1A); Item 13 - insert new subsection 106A(1); Item 14 - amend subsection 107(1); Item15 - insert new subsection 107(1A); Item 16 - amend subsection 110(1); Item 17 - insert new subsection 110(1A); Item 18 - amend subsection 116(1); Item 19 - insert new subsection 116(1A) and (1B); Item 20 - amend subsection 132(1); Item 21 - insert new subsection 132(1A).]
What appeal rights exist after a decision on an objection by the Registrar
13.12 The proposed amendments specify the procedures and requirements on parties wishing to appeal or seek review of an objection decision of the Registrar. [Item 1 - insert new sections 98ZE, 98ZF, 98ZG and 98ZJ]