1.4.1: Overview of WA differences

Context

With the acceptance of the current child support legislation by the Western Australian Parliament on 23 October 2007, the child support scheme applies uniformly to all Australian children (with the exception of children who have at least one parent residing in a non-reciprocating jurisdiction).

Section 51 Commonwealth of Australia Constitution Act

Explanation

The child support scheme is a Commonwealth legislative scheme. The Commonwealth of Australia Constitution Act (The Constitution) gives the Commonwealth Parliament power to make laws about marriage and children of those marriages.

Western Australia is the only Australian state that has not referred to the Commonwealth its power to make laws about children whose parents are not married. This means that the Western Australian Parliament retains its powers to make laws about Western Australian children whose parents have never been married (WA ex-nuptial children), including child support laws.

Since the start of the child support scheme, the WA Parliament has enacted laws adopting the Commonwealth Child Support legislation, including amendments. However, this has not happened at the same time that the Commonwealth laws started to apply in the rest of Australia. Consequently, CSA has had to make different arrangements for child support cases that involve WA ex-nuptial children (i.e. WA ex-nuptial cases).

From 23 October 2007, the child support scheme applies uniformly to all Australian children (with the exception of children who have at least one parent residing in a non-reciprocating jurisdiction).

The Christmas and Cocos (Keeling) Islands are not part of WA.  These are external territories.

Frequently asked questions

What are the current differences between the way the child support scheme applies to WA ex-nuptial children and other cases?

The child support scheme currently applies to WA ex-nuptial children as it does to all other children as the WA Parliament has adopted all of the current child support legislation.

How can I see if a section of the Assessment Act has ever been amended and work out when the amendment first applied to WA ex-nuptial cases?

Chapter 1.4.3 sets out when all the amendments to the Assessment Act took effect for WA ex-nuptial children.

Version 1.5

Issued 1 January 2008

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