6.2.2: Taking information from children

Context

CSA recognises that taking information from children under 18 can cause distress to the child and the parents. CSA has a general policy of not accepting statements made by a child, either in writing or over the telephone.

Legislative references

Section 16A Child Support (Registration and Collection) Act 1988

Section 150A Child Support (Assessment) Act 1989

Explanation

CSA will not attempt to obtain information from a child about any of the parents' child support issues. CSA will not discuss with a child any of their parent's child support issues. This policy applies even when a parent is insistent and the child seems willing. It includes face-to-face and telephone contact.

The only exception to this policy is where:

• the child is at least 16 years of age, and
• CSA is required, because of a court order, agreement or change of assessment application, to ascertain whether the child is in full-time employment or to ascertain the level of income received from their employment, and
• there is a dispute about the child's employment status or income level, and
• neither parent can readily obtain evidence to substantiate their claims.

Initially, CSA will request the parent claiming that a change has occurred to provide evidence to support their claim. If the parent supplies no evidence, or if the other parent disagrees with the applicant's claims, CSA may require documentary evidence such as a letter from the child's employer or payslips. Where neither parent supplies information from the employer and there is uncertainty (for example, regarding whether the child is in full-time or part-time employment or the income they receive) CSA will inform the carer parent that it will be writing to the child's employer unless documentary evidence is supplied within a reasonable period. This should reduce the need for CSA to involve a third party in a matter.

In most instances, the carer parent will be able to provides details of the child's employer. CSA will consider contacting the child for this information only where it cannot obtain it by other means. CSA will contact the child by telephone where possible.

Children's evidence

Where either parent presents written evidence from a child to CSA, CSA will disregard it and return it to the parent. CSA will not give any weight to the evidence, even if it is relevant, as it cannot be certain that the child is a credible witness and cannot be satisfied of the circumstances in which the information was obtained.

The only exception to this is in relation to the child's employment as stated above.

Authorising children

CSA will not act on an authority where a parent has authorised a child to receive information on their behalf. Where a parent has language difficulties or a disability that makes communication over the telephone difficult CSA will offer interpreting services, TTY or telephone relay service.

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Version 1.2

Issued 27 August 2002

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