4.1.3: Decisions made under the Registration and Collection Act to which a
parent may object
Context
A parent may object to certain decisions made under the Registration and
Collection Act
Legislative references
Sections 4, 79D and 80 Child Support (Registration and Collection) Act 1988
Explanation
A parent can object to the following decisions made under the Registration and
Collection Act.
-
A decision to register or refuse to register a maintenance liability.
-
A decision about the particulars of a registered maintenance liability.
-
A decision to vary or refuse to vary the particulars in the Register.
-
A decision to delete an entry from the Register.
-
A decision to credit all or part of a non-agency payment including a prescribed
non-agency payments under section 71C of the Act. (See chapter
5.3)
-
A decision to refuse to credit all or part of a non-agency payment including a
prescribed non-agency payment under section 71C of the Act. (See
chapter 5.3)
-
A decision to refuse an election that employer deductions not be made.
-
A decision to refuse to grant an application for collection of arrears for more
than 3 months.
-
A decision to refuse an election to end CSA collection.
-
A decision to refuse an election to have CSA collect.
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A decision to refuse an overall non-care period.
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A decision to make deductions from Family Tax benefit payments.
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A decision to start or refuse to start a low-income
non-enforcement period.
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A decision which results in failure to collect an amount payable that has been
unpaid for 6 months or, if legal proceedings have commenced, at least 3 months
has elapsed since the proceedings were commenced.
-
A refusal to remit late payment penalties imposed on payers and employers.
Section 26 sets out the particulars that CSA must enter in the Child Support
Register in relation to each case. As noted above, a parent may object to a
decision to vary or refuse to vary those particulars. The particulars entered
in the Register include the following.
-
Details of the child support assessment, court order or maintenance agreement
(including matters such as the name of the parents, the periodic amount and the
basis of the liability).
-
Details of the payment period and the payment rate (including the initial
period, payment period and rate of payment).
-
Details of the enforcement period and any suspension of liability.
-
Any other particulars that CSA chooses to include (such as the daily rate or
statement concerning employer withholdings).
An objection to a decision to
vary the particulars in the Register can only be made against the particulars
varied or other particulars affected by the variation (sub-section 80(3)).
Version 1.4
Issued 1January 2007
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