1.2.1: Amendments to the Registration and Collection Act

Context

The Registration and Collection Act has been amended since it commenced on 1 June 1988, as have the Regulations under that Act.

Legislative references

Child Support Act 1988

Child Support (Registration and Collection) Act 1988

Child Support (Registration and Collection) Regulations 1988

Child Support Amendment Act 1988

Child Support (Assessment) Act 1989

Social Security and Veterans' Affairs Legislation Amendment Act (No 3) 1989

Child Support Legislation Amendment Act 1990

Taxation Laws Amendment Act (No 3) 1991

Child Support Legislation Amendment Act 1992

Child Support Legislation Amendment Act (No 2) 1992

Insolvency (Tax Priorities) Legislation Amendment Act 1993

Corporate Law Reform Act 1992

Child Support Legislation Amendment Act 1995

Taxation Laws Amendment Act 1995

Family Law Reform (Consequential Amendments) Act 1997

Commonwealth Services Delivery Agency (Consequential Amendments) Act 1997

Child Support Legislation Amendment Act (No 1) 1997

Audit (Transitional and Miscellaneous) Amendment Act 1997

Child Support Legislation Amendment Act 1998

Public Employment (Consequential and Transitional) Amendment Act 1999

Federal Magistrates (Consequential Amendments) Act 1999

Child Support Legislation Amendment Act 2000

Family Law Amendment Act 2000

Child Support (Regulation and Collection) (Overseas-related Maintenance Obligations) Regulations 2000

Child Support Legislation Amendment Act 2001

Family and Community Services Legislation Amendment (Application of Criminal Code) Act 2001

Jurisdiction of the Federal Magistrates Court Legislation Amendment Act 2006

Child Support Legislation Amendment (Reform of the Child Support Scheme - Initial Measures) Act 2006

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

Families, Community Services and Indigenous Affairs Legislation Amendment (Child Support Reform Consolidation and Other Measures) Act 2007

CSA was established with the enactment of the Child Support Act 1988, subsequently renamed the Child Support (Registration and Collection) Act 1988 (the Registration and Collection Act). From 1 June 1988 CSA could register, collect and enforce court orders and court registered agreements for child support and spousal maintenance.

The Registration and Collection Act has been amended from time to time since then. Full details of the amending acts are provided above. The significant changes are listed below.

From 1 October 1989

From 6 April 1992

• CSA can issue a notice to a third party who holds money for a child support payer to pay that money to CSA in satisfaction of child support arrears.
• The Registration and Collection Act was amended to facilitate CSA collecting child support where a payer was overseas.
• CSA can credit an amount as a non-agency payment where the payer made that payment to a third party in satisfaction of a debt owed by the payer and/or payee if both parents intended it to be for child support and there are special circumstances.
• A court can set aside or prevent a transaction intended to reduce or defeat a payer's ability to pay child support.

From 29 May 1995

• A payer can elect for CSA not to enforce a court order during a 'low-income non-enforcement period'.
• A payer and payee can jointly elect for CSA not to enforce a court order for a child who is not in the care of the payee.
• A payee receiving Centrelink payments can elect for CSA not to collect their child support for them, as long as the payer has a satisfactory payment record. The payee can then make private payment arrangements with the payer.
• A payee who had elected for CSA not to collect child support can later make an application for collection and ask CSA to collect up to 9 months of arrears.

From 22 July 1997

• A payer can elect for CSA not to collect their child support by employer withholding.

From 1 July 1999

• CSA can suspend disbursement of child support while a court considers a payer's application for a declaration that the payee was not entitled to a child support assessment.
• CSA can ask Centrelink to deduct a prescribed amount for child support from a payer's Centrelink payments.
• CSA can require parents to make private payment arrangements if the payer has established a satisfactory payment record and CSA is satisfied that regular payments are likely to continue.
• Parents who each have child support debts can offset amounts they owe to each other.
• Payers can elect to pay their child support in accordance with their pay cycle, rather than monthly.
• Payees can elect to collect their own child support at any time. There is no longer a requirement for the payer to have a satisfactory payment record before a payee receiving Centrelink payment can elect for CSA to stop collection.

Changes to crediting of non-agency payments

• CSA no longer requires that there be special circumstances before it can credit payments made directly to the payee or a third party where the payer and payee intended the payments to be for child support.
• CSA can credit the value of non-cash payments where the payee and payer intended the payment to be for child support.
• A payer can ask CSA to credit certain payments (such as school fees, essential medical and dental fees and rent for the payee) in satisfaction of up to 25% of their monthly child support liability without the agreement of the payee.
• CSA can refuse to credit a non-agency payment in the circumstances of a particular case.

From 3 May 2000

The Registration and Collection Act was amended to allow Australia to give effect to its international obligations in relation to maintenance.

From 30 June 2001

• CSA can issue a departure prohibition order to prevent a payer leaving the country where that payer has persistently failed to meet his or her child support obligations.
• Administrative changes to give effect to CSA's move to the Department of Family and Community Services. The Child Support Registrar is now the General Manager of CSA, rather than the Commissioner of Taxation.

From 1 July 2002

• CSA can intercept a payer's Family Tax Benefit where the payer has arrears of child support.

From 4 May 2006

• CSA customers can appeal against CSA making a departure prohibition order in the Federal Magistrates Court.

From 1 July 2006

• The rate at which CSA can credit a prescribed non-Agency payment increases from 25% of the monthly child support liability to 30%.

From 1 January 2007

• The Social Security Appeals Tribunal provides a process for parents who want a review of a CSA decision made under the Assessment Act or the Registration and Collection Act.
• A payee can pursue court enforcement of a debt whilst it is registered for collection by CSA.
• A court hearing an enforcement application made by a payee has the same powers as CSA to obtain information in order to collect child support.
• A court has increased powers to make orders staying a child support assessment or collection pending the determination of an objection, application for review, or appeal to a court.
• CSA can register for collection an amount repayable by a former payee to a former payer under a parentage overpayment order

From 22 June 2007

• All stay order provisions are located within the Registration and Collection Act regardless of whether the relevant proceeding has commenced under the Assessment Act or the Registration and Collection Act.
• Some minor changes to Social Security Appeals Tribunal (SSAT) arrangements - including provision for an applicant to withdraw their SSAT application.
• Objections and accompanying documents to be sent to the other party.
• Where a court orders a payer to make a payment in private payee enforcement proceedings that payment must be made to CSA.
• An employer's obligation to withhold money from a payer's salary and wages is extended to include payments to independent contractors.
• Some changes to the secrecy provisions including the following:
  • CSA can communicate protected information to persons as necessary to prevent a credible threat to the life, health or welfare of a person.
  • CSA can communicate protected information to brief the Minister in respect of a range of circumstances relating to the Minister's duties.
  • CSA can communicate protected information to a person who has the consent of the person to whom the information relates to obtain that information.
  • CSA can communicate protected information in specific circumstances relating to missing people and locating a relative or beneficiary of a deceased person.
  • A new offence for unauthorised disclosure of information.

From 19 July 2007

The Registration and Collection Act was amended to incorporate measures relating to Australia's international obligations in relation to maintenance - these measures were previously contained in separate regulations. There were also minor amendments to the legislation as follows:

• A maintenance liability cannot be registered under the Registration and Collection Act unless one party resides in Australia.
• One registered maintenance liability will cease to have effect if a second maintenance liability is registered in relation to the same child, payee and payer. The Registrar is able to refuse to accept an application for an Australian child support assessment that would override an overseas liability already registered.
• A payer is able to apply for registration of a maintenance liability provided that either the payer or the payee resides overseas in a reciprocating jurisdiction.
• There are some increased time allowances in relation to various processes where one party to a maintenance liability is resident in a reciprocating jurisdiction. Generally these increased time allowances apply only to the party who is resident in the reciprocating jurisdiction.
• A person who has a liability to pay child support to the Registrar because of an overseas maintenance liability is able to apply for non-enforcement of the liability during a period of low income.

From 1 January 2008

• 72A notices able to be issued for less than the total amount of outstanding child support.
• CSA is not required to serve a copy of the objection and accompanying documents on the other parent where the objection is to the making of, or refusal to make, a departure determination under Part 6A if CSA is satisfied that the rights of the other parent will not be affected by any decision made by the CSA.
• Parents can apply for an extension of time to submit an objection over the phone as well as in writing.
• Payers can object to the acceptance of their application for a child support assessment.
• Range of debts collectable via tax refund intercepts extended.

Version 1.4

Issued 1 January 2008

Feedback

<<< Previous | Next >>>