6.2.4: Information gathering powers under the Registration and Collection Act

Context

CSA has statutory powers to obtain information for the purposes of collecting child support. A court can also use these powers to obtain information if a payee is exercising his or her right to enforce a debt via court proceedings (see 5.4.7).

Legislative references

Section 120 Child Support (Registration and Collection) Act 1988

Regulation 9 Child Support (Registration and Collection) Regulations 1988

Explanation

CSA or a court can require a person to:

• provide information (section 120(1)(a));
• attend and answer questions (section 120(1)(b)); and
• produce documents (section 120(1)(b)).

These powers can only be exercised for the purposes of the Registration and Collection Act.

Example

A person who is required to attend under section 120(1)(b) (other than a payer, payee, or their representative) is entitled to expenses (section 120(2) and regulation 9).

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 for CSA 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 1 January 2007

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