2.8.2: How an assessment is made

Context

This topic explains the rules CSA must follow when making a child support assessment.

Legislative references

Sections 31, 34A, 65, 67, 68, 70, 72 and 73 Child Support (Assessment) Act 1989

Regulation 12 Child Support (Assessment) Regulations 1989

Explanation

CSA has to make a child support assessment when it accepts an application for administrative assessment. The child support period starts on the day the application was made to CSA, Centrelink or the ATO (section 31(2) and regulation 12). CSA makes a new assessment of child support whenever a new child support period starts. (See chapter 2.3 Child support periods)

CSA can act on the basis of documents and information in its possession. It is not required to conduct any inquiries or investigations when making an assessment (section 65).

Assumptions as to future events

When making an assessment CSA can assume that known facts will be unchanged. (section 73). This allows CSA to assume certain facts (e.g. the care arrangements for the child/ren) will apply in the future.

Assessment to relate to all children for whom child support is payable

Where a payer is assessed to pay child support to a payee for more than one child, CSA will make one assessment including all the children. This does not apply when child support is payable to more than one payee (section 67).

Assessment to relate to whole or part of a single child support period

A child support assessment relates to all, or some of the days, of a single child support period. In other words, an assessment cannot cover more than one child support period (section 68). This does not prevent a single notice of assessment from dealing with more than one assessment.

Assessments for part periods

CSA can make an assessment that is less than a full child support period (a part period) (section 71). This allows assessments to be made where circumstances result in a child support period of less than 15 months.

Validity of assessments

An assessment is still valid, even if CSA fails to comply with any of the provisions of the Assessment Act (section 72).

Example

Section 72 does not apply when a parent applies to the SSAT for a review or makes an appeal to a court about the assessment (Part VIIA or Subdivision 3 of Part VIII of the Registration and Collection Act). (See Chapter 4.3).

Evidence

CSA's assessment notice is treated as conclusive evidence in legal proceedings that the assessment has been properly made and that the particulars of the assessment are correct (section 70). A document signed by the Registrar which appears to be a copy of an assessment notice is also treated as conclusive evidence, as though it was an original.

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Version 1.3

Issued 1 January 2007

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