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

Schedule 3   SSAT review of child support decisions (commencing on 1 January 2007)

Part 1   Amendments

Child Support (Registration and Collection) Act 1988

73   After Part VIII

Insert:

Part VIIIA - Other provisions relating to reviews of decisions

Division 1A - Preliminary

110N Simplified outline

The following is a simplified outline of this Part:

• The reconsideration of a decision by the Registrar, the SSAT or a court does not affect the operation of the decision or prevent the taking of any action to implement the decision.

• Once a decision becomes final, the Registrar must implement the decision.

• A person might commit an offence if the person publishes an account of a proceeding, or a list of proceedings, under Part VIIA or Division 3 of Part VIII that identifies a witness or party.

Division 1 - Effect of pending reconsiderations on assessments, registrations etc.

Subdivision A - Preliminary

110P Scope of Division

(1) This Division applies for the purposes of the Assessment Act and this Act.

(2) This Division is subject to section 111C (stay orders).

110Q Meaning of reconsideration

For the purposes of this Act, each of the following is a reconsideration of a decision:

(a) an objection to the decision under Part VII;

(b) an application to the SSAT for review of that objection under Part VIIA;

(c) an appeal to a court from that review under Division 3 of Part VIII;

(d) an appeal to another court from that appeal under Division 2 of Part VIII and any subsequent appeals under that Division.

Subdivision B - Effect of pending reconsiderations

110R Pending reconsiderations do not affect operation of decisions

The institution of a reconsideration of a decision does not:

(a) affect the operation of the decision; or

(b) prevent the taking of action to implement the decision.

110S Pending reconsiderations not to affect registrations etc.

(1) The fact that a reconsideration of a decision in relation to a registrable maintenance liability is pending does not, in the meantime, interfere with, or affect:

(a) the registration of the liability; or

(b) the particulars entered in the Child Support Register in relation to the liability.

(2) Amounts payable under such a liability or payable, by way of penalty, in relation to such a liability may be recovered as if no reconsideration were pending.

110T Pending reconsiderations do not affect assessments

(1) The fact that a reconsideration of a decision is pending in relation to a person does not, in the meantime, interfere with, or affect, any administrative assessment made in relation to the person.

(2) Any such assessment may be registered under the Assessment Act, and any amounts of child support and other amounts may be recovered in relation to the assessment, as if no reconsideration were pending.

110U Pending reconsiderations do not affect decisions under section 64A of the Assessment Act

(1) The fact that a reconsideration of a decision of the Registrar under section 64A of the Assessment Act is pending does not, in the meantime, interfere with, or affect, the decision.

(2) Amounts payable in relation to such a decision may be recovered as if no appeal were pending.

Division 2 - Implementation of decisions

110V Registrar must implement decisions

When the Registrar, the SSAT or a court makes a decision on a reconsideration, the Registrar must immediately take such action as is necessary to give effect to the decision.

Division 3 - Determining when decisions become final

110W Determining when decisions become final

SSAT

(1) For the purposes of the Assessment Act and this Act, if:

(a) a decision is a decision of the SSAT under Part VIIA of this Act; and

(b) an appeal may be made to a court under Subdivision B of Division 3 of Part VIII of this Act against the decision; and

(c) an appeal is not made within the period for doing so;

the decision becomes final at the end of that period.

Full Court of the Family Court

(2) For the purposes of this Act, if:

(a) a decision is a decision of the Full Court of the Family Court under Part VIII; and

(b) an application may be made for special leave to appeal to the High Court within the period of 30 days after the making of the decision; and

(c) an application is not made within that period;

the decision becomes final at the end of that period.

Other courts

(3) For the purposes of this Act, if:

(a) a decision is a decision of a court (other than the Full Court of the Family Court) under Part VIII; and

(b) an application may be made for leave to appeal under Division 2 of Part VIII against the decision; and

(c) an application is not made within the period for doing so;

the decision becomes final at the end of that period.

Division 4 - Restrictions on publication of review proceedings

110X Restrictions on publication of review proceedings

Offence of publishing identifying accounts

(1) A person commits an offence if:

(a) the person:

(i) publishes in a newspaper or periodical publication, by radio broadcast or television or by other electronic means; or

(ii) otherwise disseminates to the public or to a section of the public by any means;

any account of any proceedings, or of any part of any proceedings, under Part VIIA or Division 3 of Part VIII; and

(b) the account identifies:

(i) a party to the proceedings; or

(ii) a person who is related to, or associated with, a party to the proceedings or is, or is alleged to be, in any other way concerned in the matter to which the proceedings relate; or

(iii) a witness in the proceedings.

Penalty: Imprisonment for 12 months.

(2) Without limiting the generality of subsection (1), an account of proceedings, or of any part of proceedings, referred to in that subsection is taken to identify a person if:

(a) it contains any particulars of:

(i) the name, title, pseudonym or alias of the person; or

(ii) the address of any premises at which the person resides or works, or the locality in which any such premises are situated; or

(iii) the physical description or the style of dress of the person; or

(iv) any employment or occupation engaged in, profession practised or calling pursued, by the person or any official or honorary position held by the person; or

(v) the relationship of the person to identified relatives of the person or the association of the person with identified friends or identified business, official or professional acquaintances of the person; or

(vi) the recreational interests, or the political, philosophical or religious beliefs or interests, of the person; or

(vii) any real or personal property in which the person has an interest or with which the person is otherwise associated;

and the particulars are sufficient to identify that person to a member of the public, or to a member of the section of the public to which the account is disseminated, as the case requires; or

(b) in the case of a written or televised account or an account by other electronic means - it is accompanied by a picture of the person; or

(c) in the case of a broadcast or televised account or an account by other electronic means - it is spoken in whole or in part by the person and the person's voice is sufficient to identify that person to a member of the public, or to a member of the section of the public to which the account is disseminated, as the case requires.

Offence of publishing identifying lists

(3) A person commits an offence if:

(a) the person:

(i) publishes in a newspaper or periodical publication, by radio broadcast or television or by other electronic means; or

(ii) otherwise disseminates to the public or to a section of the public by any means (otherwise than by the display of a notice in the premises of the SSAT);

a list of proceedings under Part VIIA or Division 3 of Part VIII; and

(b) the proceedings are identified by reference to the names of the parties to the proceedings.

Penalty: Imprisonment for 12 months.

Defence

(4) Subsections (1) and (3) do not apply to, or in relation to:

(a) the communication, to persons concerned in proceedings in any court, of any pleading, transcript of evidence or other document for use in connection with those proceedings; or

(b) the communication of any pleading, transcript of evidence or other document to:

(i) a body that is responsible for disciplining members of the legal profession in a State or Territory; or

(ii) persons concerned in disciplinary proceedings, against a member of the legal profession of a State or Territory, before a body that is responsible for disciplining members of the legal profession in that State or Territory; or

(c) the communication, to a body that grants assistance by way of legal aid, of any pleading, transcript of evidence or other document for the purpose of facilitating the making of a decision as to whether assistance by way of legal aid should be granted, continued or provided in a particular case; or

(d) the publishing of a notice or report in accordance with the direction of a court; or

(e) the publication by the SSAT of lists of proceedings under Part VIIA, or Division 3 of Part VIII, identified by reference to the names of the parties, that are to be dealt with by the SSAT; or

(f) the publishing of any publication intended primarily for use by the members of any profession, being:

(i) a separate volume or part of a series of law reports; or

(ii) any other publication of a technical character; or

(g) the publication or other dissemination of an account of proceedings or of any part of proceedings:

(i) to a person who is a member of a profession, in connection with the practice by that person of that profession or in the course of any form of professional training in which that person is involved; or

(ii) to an individual who is a party to any proceedings under this Act, in connection with the conduct of those proceedings; or

(iii) to a person who is a student, in connection with the studies of that person; or

(h) the publication of accounts of proceedings, where those accounts have been approved by the court.

Note: A defendant bears an evidential burden in relation to the matters in subsection (4) (see subsection 13.3(3) of the Criminal Code).

Criminal procedure

(5) An offence against subsection (1) or (3) is an indictable offence.

(6) Proceedings for an offence against subsection (1) or (3) must not be commenced except by, or with the written consent of, the Director of Public Prosecutions.

Definitions

(7) In this section:

court includes:

(a) an officer of a court investigating or dealing with a matter in accordance with:

(i) the Assessment Act; or

(ii) this Act; or

(iii) regulations made under the Assessment Act or this Act; or

(iv) any Rules of Court; and

(b) a tribunal established by or under a law of the Commonwealth or of a State or a Territory.

electronic means includes:

(a) in the form of data, text or images by means of guided or unguided electromagnetic energy; or

(b) in the form of speech by means of guided or unguided electromagnetic energy, if the speech is processed at its destination by an automated voice recognition system.