1.4.2: Application of the Registration and Collection Act to WA ex-nuptial cases

Context

The Child Support (Registration and Collection) Act 1988 (the Registration and Collection Act) as amended, applies to WA ex-nuptial cases to the extent that it has been adopted by the WA Parliament.

Legislative References

Child Support (Registration and Collection) Act 1988 (Cth)

Schedule 5, Child Support Legislation Amendment (Reform of the Child Support Scheme - Initial Measures) Act 2006 (Cth)

Child Support (Adoption of Laws) Act 1990 (WA)

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

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

Explanation

The Registration Collection Act came into operation on 1 June 1988. It applied immediately to WA ex-nuptial children without having to be adopted by the WA parliament.

The WA Parliament has adopted the Registration and Collection Act and all amendments made prior to 31 October 2007  (Child Support (Adoption of Laws) Act 1990 (WA) and see also Schedule 5, Child Support Legislation Amendment (Reform of the Child Support Scheme - Initial Measures) Act 2006 (Cth)).

Amendments that apply to WA ex-nuptial cases from 1 November 2007

Amendments to the Registration and Collection Act made by the Child Support Legislation Amendment (Reform of the Child Support Scheme - New Formula and Other Measures) Act 2006 (Cth) now apply to cases involving WA ex-nuptial children. Those amendments, which apply to WA ex-nuptial children from 1 November 2007 and all other cases from 1 January 2007, are as follows:

Amendments to the Registration and Collection Act made by the Families, Community Services and Indigenous Affairs Legislation Amendment (Child Support Reform Consolidation and Other Measures) Act 2007 (Cth) now applyto cases involving WA ex-nuptial children.    Those amendments, which apply to WA ex-nuptial children from 1 January 2008 and all other cases from 22 June 2007, are as follows:

• 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.

All other provisions of the Registration and Collection Act which came into effect on 1 January 2008 also came into effect for cases involving WA ex-nuptial children on the same date.

Amendments that apply to WA ex-nuptial cases from a later date

Provisions of the Registration and Collection Act which will come into effect on 1 July 2008 will also come into effect for cases involving WA ex-nuptial children on the same date.

Version 1.4

Issued 1 January 2008

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