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 (Registration and Collection) Act 1988

36   Before Part IX

Insert:

Part VIIIB - Other provisions relating to courts

111A Simplified outline

The following is a simplified outline of this Part:

• In exercising jurisdiction under this Act, a court has broad powers.

• If a proceeding has been instituted under this Act in a court or before the SSAT or the Registrar, a court may make an order staying or otherwise affecting the operation of the Assessment Act or this Act during the proceeding.

• If a court makes an order under this Act, a copy of the order must be sent to the Registrar.

• The Registrar may intervene in any proceeding under this Act.

• There are specific provisions relating to a proceeding brought by a payee of a registered maintenance liability under section 113A.

111B General powers of court

(1) A court's powers under this Act include the power to do all or any of the following:

(a) order payment of a lump sum, whether in one amount or by instalments;

(b) order payment of a weekly, monthly, yearly or other periodic amount;

(c) order that a specified transfer or settlement of property be made;

(d) order that payment of an amount ordered to be paid be wholly or partly secured as the court specifies;

(e) order that any necessary deed or instrument be executed, and that such documents of title be produced and such other things be done, as are necessary to enable an order to be carried out effectively or to provide security for the due performance of an order;

(f) order that payment be made to a specified person or public authority or into court;

(g) make a permanent order, an order pending the disposal of proceedings, an order for a fixed period, an order until a child attains a specified age or an order until further order;

(h) make an order expressed to be retrospective to such day as the court considers appropriate;

(i) make an order:

(i) discharging an order; or

(ii) suspending the operation of an order wholly or in part and either until further order or until a fixed time or the happening of a future event; or

(iii) reviving wholly or in part the operation of an order that has been suspended; or

(iv) varying an order in any way;

(j) make an order imposing terms and conditions;

(k) make an order by consent;

(l) make any other order (whether or not of the same kind as those referred to in paragraphs (a) to (k)) that the court considers appropriate;

(m) make an order at any time.

(2) The making of an order of a kind referred to in paragraph (1)(c), or of any other order under this Act, in relation to a child does not prevent a court from making a subsequent order (whether under this Act or otherwise) in relation to the child.

(3) The applicable Rules of Court may make provision with respect to the making of orders under this Act (whether as to their form or otherwise) for the purpose of facilitating their enforcement and the collection of any child support payable under them.

111C Stay orders

(1) This section applies if a proceeding has been instituted:

(a) in a court having jurisdiction under this Act; or

(b) before the Registrar under Part VII; or

(c) before the SSAT under Part VIIA.

(2) A party to the proceeding may, subject to the Family Law Act 1975:

(a) in the case of a proceeding instituted in a court - apply to that court for an order under this section; or

(b) otherwise - apply to a court having jurisdiction under this Act for an order under this section.

(3) Pending the hearing and final determination of the proceeding, the court may make such orders as the court considers appropriate staying or otherwise affecting the operation or implementation of the Assessment Act and this Act if the court considers that it is desirable to do so, taking into account the interests of the persons who may be affected by the outcome of the proceeding.

(4) The court may, by order, vary or revoke an order made under subsection (3).

(5) An order under subsection (3):

(a) is subject to such terms and conditions as are specified in the order; and

(b) operates for:

(i) such period as is specified in the order; or

(ii) if no period is specified - until a decision of the court, the Registrar or the SSAT determining the proceeding becomes final.

(6) For the purposes of subparagraph (5)(b)(ii), a decision of the Registrar becomes final at the end of the period within which an application could have been made to the SSAT under Part VIIA, if an application has not been made within that period.

111D Copies of orders to be forwarded to Registrar

(1) If a court makes an order under this Act, the registrar or other responsible officer of the court must, within 28 days after the day on which the order is made, send a certified or sealed copy of the order to the Child Support Registrar.

(2) The Child Support Registrar may, by written notice served on the registrar or other responsible officer of a court, vary, in relation to the court, the requirement of subsection (1) in such instances and to such extent as the Child Support Registrar considers appropriate.

111E Registrar may intervene in proceedings

(1) The Registrar may intervene in, and contest and argue any question arising in, a proceeding under this Act.

(2) If the Registrar intervenes in a proceeding under this Act, the Registrar is taken to be a party to the proceeding with all the rights, duties and liabilities of a party.

(3) This section does not limit Part IX of the Family Law Act 1975.

111F Court order for payment in proceedings instituted by payee to recover debt

If, in relation to a proceeding instituted by the payee of a registered maintenance liability under section 113A, the court makes an order for payment of an amount by the payer of the liability, the court may specify in the order that payment be made to:

(a) the payee of the liability; or

(b) the Registrar.

111G Costs in proceedings instituted by payee to recover debt

To avoid doubt, if:

(a) a payee of a registered maintenance liability has instituted a proceeding under section 113A to recover a debt due in relation to the liability; and

(b) the Registrar is not a party to the proceeding;

the Commonwealth is not liable for costs in the proceeding.