1.6.1: Australia's international maintenance arrangements

Context

Arrangements commenced on 1 July 2000 that increased Australia's ability to give effect to its international obligations in relation to maintenance obligations arising from family relationship, parentage or marriage. The arrangements facilitated a change from court-based processes for overseas maintenance cases to predominantly administrative arrangements and transferred responsibility for most child support matters to the Child Support Agency.

Explanation

Arrangements commenced on 1 July 2000 which modified the operation of the Assessment Act and the Registration and Collection Act for cases where one parent resides abroad in a reciprocating jurisdiction while the other parent resides in Australia. The modifications were originally contained in Regulations for both acts but have since been incorporated into the primary legislation with effect from 19 July 2007.

The arrangements apply when the child lives with a parent in Australia and also when the child lives with a parent in a reciprocating jurisdiction.

The underpinning principle of Australia's international maintenance arrangements is that, wherever possible, a liability should be issued and administered in the jurisdiction where the payee resides. The jurisdiction in which the payer is resident is responsible for collection and providing the payer with reasonable assistance in dealing with the overseas authority.

Summary of the arrangements

Overseas authority/central authority

Summary of the arrangements

CSA can:

• make and continue a child support assessment where the payer is overseas in a reciprocating jurisdiction
• accept an application for assessment from a payee or payer overseas when transmitted through the overseas Central Authority
• accept an application for assessment from an overseas Central Authority applying on behalf of a payee in a reciprocating jurisdiction
• accept an application for assessment made directly by the payer who is a resident of a reciprocating jurisdiction
• register and enforce an overseas maintenance assessment
• register and enforce an overseas maintenance order
• register and enforce an overseas 'agency reimbursement liability'
• register and enforce an overseas maintenance agreement
• register and enforce arrears that have accumulated under an overseas maintenance liability
• transmit an application for review/variation of a liability made in an overseas country; and
• assist overseas authorities with location and service requests for parents in Australia.

Reciprocating jurisdictions

Reciprocating jurisdictions are listed in schedule 2 of the Registration and Collection Regulations.

Algeria	Malawi
Argentina	Malaysia
Austria	Malta
Barbados	Mexico
Belarus	Moldova
Belgium	Monaco
Bosnia and Herzegovina	Montenegro
Brazil	Morocco
Brunei Darussalam*	Nauru
Burkina Faso	Netherlands
Canada, the following Provinces and Territories: Alberta, British Columbia, Manitoba, New Brunswick, Newfoundland and Labrador, Northwest Territories, Nova Scotia, Nunavut, Ontario, Prince Edward Island, Saskatchewan, Yukon*	New Zealand
Cape Verde	Niger
Central African Republic	Niue*
Chile	Norway
Colombia	Pakistan
Cook Islands*	Papua New Guinea*
Croatia	Philippines
Cyprus	Poland
Czech Republic	Portugal
Denmark	Romania
Ecuador	Samoa*
Estonia	Serbia
Fiji	Seychelles
Finland	Sierra Leone
Former Yugoslav Republic of Macedonia	Singapore
France	Slovakia
Germany	Slovenia
Greece	South Africa
Guatemala	Spain
Haiti	Sri Lanka
Holy See, The	Suriname
Hong Kong	Sweden
Hungary	Switzerland
India	Tanzania (excluding Zanzibar)
Ireland	Trinidad and Tobago
Israel*	Tunisia
Italy	Turkey
Kazakhstan	Ukraine
Kenya	United Kingdom (including Alderney, Gibraltar, Guernsey, Isle of Man, Jersey and Sark)
Kyrgyzstan	United States of America
Liberia	Uruguay
Lithuania	Zambia
Luxembourg	Zimbabwe

*These are excluded jurisdictions for the purposes of CSA making or continuing a child support assessment where the payee is in Australia but the payer resides in that jurisdiction. A court order under the Family Law Act is still required.

Overseas authority/central authority

An overseas authority is the judicial or administrative authority in each reciprocating jurisdiction responsible for implementing an overseas agreement or arrangement with Australia for maintenance obligations.

CSA is the central authority in Australia for most overseas child support and spousal maintenance matters.

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Frequently asked questions

What assistance does CSA provide parents where the liability is administered overseas?

CSA provides assistance to the relevant overseas authority, as required (e.g. customer location, service of notices, and collecting the liability). CSA will direct enquiries about the administrative issues for an overseas liability to the overseas authority that issued the liability. CSA can also assist an Australian parent by transmitting any notifications or objections.

Why are some reciprocating jurisdictions treated differently?

CSA can't make or continue a child support assessment payable by a payer in Brunei Darussalam, Cook Islands, Israel, Niue, Papua New Guinea, the Yukon Territory of Canada and Samoa (previously Western Samoa) despite those countries being reciprocating jurisdictions. These countries have formally advised that under their laws, they can only commence maintenance proceedings on the basis of a court order.

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Version 1.4

Issued 27 July 2007

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