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

Schedule 4   Other amendments commencing on 1 January 2007

Part 1   Amendments

Child Support (Assessment) Act 1989

14   Division 3 of Part 7

Repeal the Division, substitute:

Division 3 - Application for amendment of administrative assessment that is more than 18 months old

110 Simplified outline

The following is a simplified outline of this Division:

• Normally, the Registrar cannot make a departure determination under Part 6A, and a court cannot make a departure order under Division 4 of this Part, in respect of a day in a child support period that is more than 18 months earlier.

• Under this Division, a liable parent, a carer entitled to child support or the Registrar can apply to certain courts for leave for a determination or order to be made in respect of a day in a child support period that is more than 18 months earlier.

• A court must not grant leave for such a determination or order to be made in respect of a day in a child support period that is more than 7 years earlier.

• If a court grants leave, the court can decide whether the Registrar should make such a determination or the court should make such an order.

111 Application for amendment of administrative assessment that is more than 18 months old

Parent or carer applications

(1) A liable parent, or a carer entitled to child support, (the applicant ) may apply to a court having jurisdiction under this Act for leave for:

(a) the Registrar to make a determination under section 98S; or

(b) the court to make an order under section 118;

in respect of a day in a child support period, being a day that is more than 18 months, and less than 7 years, earlier than the day on which the application under this section is made.

(2) Subject to section 145 (Registrar may intervene in proceedings), the parties to the proceeding under subsection (1) are:

(a) the applicant; and

(b) either:

(i) the liable parent; or

(ii) the carer entitled to child support.

Registrar application

(3) The Registrar (the applicant ) may apply to a court having jurisdiction under this Act for leave for the Registrar to make a determination under section 98S in respect of a day in a child support period, being a day that is more than 18 months, and less than 7 years, earlier than the day on which the application under this section is made.

(4) The parties to the proceeding under subsection (3) are:

(a) the applicant; and

(b) the liable parent; and

(c) the carer entitled to child support.

112 Court may grant leave to amend administrative assessment that is more than 18 months old

(1) If an application is made to a court under section 111, the court may grant leave for:

(a) the Registrar to make a determination under section 98S; or

(b) the court to make an order under section 118.

(2) The court may grant leave for an order to be made under section 118 if the court is satisfied that it would be in the interest of the parties to the proceeding for the court to consider, at the same time as it hears the application under section 111, whether an order should be made under section 118. If the court does so, the applicant is taken to have made an application to the court under section 116 for such an order.

(3) Otherwise, the court may grant leave for the Registrar to make a determination under section 98S.

Matters to be considered

(4) In considering whether to grant leave under subsection (1), the court must have regard to:

(a) any responsibility, and reason, for the delay in:

(i) making an application under section 98B or 116; or

(ii) making a determination under section 98S;

as the case requires; and

(b) the hardship to the applicant (other than the Registrar) if leave is not granted; and

(c) the hardship to the other party or parties (other than the Registrar) if leave is granted.

(5) The court may have regard to any other relevant matter.

Orders granting leave to specify period

(6) An order granting leave under this section must specify the period in respect of which the Registrar may make a determination or the court may make an order.

(7) The period specified under subsection (6):

(a) must not include a day in a child support period if the day is more than 7 years earlier than the day on which the application under section 111 was made; and

(b) is not limited by the terms of that application.

No requirement to make determination or order

(8) The granting of leave under subsection (1) does not imply that:

(a) the Registrar is required to make a determination under section 98S; or

(b) the court is required to make an order under section 118.

113 Implementation of decisions

When a decision of a court under this Division is made, the Registrar must immediately take such action (if any) as is necessary to give effect to the decision.

113A Pending application not to affect assessment

Subject to section 140 (stay orders), the fact that a proceeding is pending under this Division in relation to a person does not, in the meantime, interfere with, or affect, any administrative assessment made in relation to the person, and any such assessment may be registered under the Registration and Collection Act, and amounts of child support and other amounts recovered in relation to the assessment, as if no proceeding were pending.