6.2.3: Information gathering powers under the Assessment Act

Context

CSA has statutory powers to obtain information for the purposes of making and varying child support assessments.

Legislative references

Sections 160 and 161 Child Support (Assessment) Act 1989

Regulation 10 Child Support (Assessment) Regulations 1989

Explanation

CSA can give a notice to a person requiring them to notify CSA within 14 days and in the manner specified in the notice (section 160), if:

• a specified event or change of circumstances happens; or
• the person becomes aware that a specified event or change of circumstances is likely to happen.

Only events that might affect the payment of child support or the rate at which it is payable can be specified in the notice.

CSA can also require a person to:

• provide information (section 161(1)(a));
• attend and answer questions (section 161(1)(b)); and
• produce documents (section 161(1)(c)).

These powers must be exercised for the purposes of the Assessment Act.

Example

A person who is required to attend under section 161(1)(b) (other than a payer, payee, or their representative) is entitled to expenses (section 161(2) and regulation 10).

A notice must give the person a reasonable time to comply. What is a reasonable time will depend on the type and extent of the information sought. CSA will not collect information that is not necessary for its purposes or intrudes unreasonably on a person's privacy (see information about the Privacy Act).

Whilst it can be appropriate to seek information from other departments via informal arrangements, a notice can be issued to another government department. However, there will be instances where the secrecy provisions and/or privacy obligations will prevent other departments from disclosing information in the absence of legal authority to do so.

A notice must also be properly served on the person (see chapter 6.7).

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Version 1.4

Issued 3 August 2007

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