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

23   After subsection 143(3)

Insert:

(3A) If:

(a) a person (the payer ) has paid an amount of child support to another person (the payee ); and

(b) the court has made a declaration under section 107 that the payee was not entitled to an administrative assessment of child support for the child because the payer is not the parent of the child; and

(c) the court:

(i) is considering whether to make an order under this section; or

(ii) if such an order is to be made, is determining the amount that is to be recovered and whether payment is to be made in the form of a lump sum payment or a periodic amount;

then the court must have regard to the matters set out in subsection (3B). This subsection does not limit subsection (3).

(3B) For the purposes of subsection (3A), the court must have regard to the following matters:

(a) whether the payee or the payer knew, or should reasonably have known, that the payer was not the parent of the child;

(b) whether the payee or the payer engaged in any conduct (by act or omission) that directly or indirectly resulted in the application for administrative assessment of child support for the child being accepted by the Registrar;

(c) whether there was any delay by the payer in applying under section 107 for a declaration once he or she knew, or should reasonably have known, that he or she was not the parent of the child;

(d) whether there is any other child support that is, or may become, payable to the payee for the child by the person who is the parent of the child;

(e) the relationship between the payer and the child;

(f) the financial circumstances of the payee and the payer.