6.5.1: Forwarding documents and substituted service

Context

In limited circumstances, CSA can assist a parent who does not know the address of the other parent by forwarding documents to that other parent.

Legislative reference

Section 150 Child Support (Assessment) Act 1989

Section 16 Child Support (Registration and Collection) Act 1988

Explanation

The purposes and objects of the Child Support legislation

Service of legal documents

Forwarding other documents

Court-ordered substituted service

The purposes and objects of the Child Support legislation

The secrecy provisions in the Child Support legislation prevent CSA disclosing a customer's address to any other person, including the other parent (See chapter 6.3). However, CSA can forward a document to a parent at the request of the other parent or another person if it is necessary to do so for the purposes of the Child Support legislation, or where forwarding the documents will further the objects of the legislation.

Service of legal documents

CSA will pass on legal documents that relate to any proceedings under or related to the Child Support legislation. This is necessary for a person to exercise their rights under the Child Support legislation. The following types of legal proceedings are under or related to the Child Support legislation:

• legal proceedings under the Assessment Act or the Registration and Collection Act
• legal proceedings for judicial review of CSA decisions under the Administrative Decisions (Judicial Review) Act or the Judiciary Act
• legal proceedings under the Family Law Act for the variation of a registered maintenance liability. CSA will not forward documents that relate to any other proceedings under the Family Law Act.

When CSA receives documents from a customer or solicitor with a request that they be forwarded to the other parent, it must examine the documents and be satisfied that they contain information that is relevant to the proceedings and no other information.

CSA will forward the documents by registered mail to the parent's last known address. The officer who mailed the document will swear an affidavit that the document has been posted in that manner and return it to the person who asked CSA to forward the document. It is not necessary for the officer to wait for certification that the mail has been successfully delivered.

This process is referred to as substituted service.

Court-ordered substituted service

CSA will comply with any court order for substituted service in relation to any court proceedings.

CSA will send the documents by registered mail to the parent's last known address. The officer who mailed the document will swear an affidavit that the document has been posted in that manner and return it to the court. It is not necessary for the officer to wait for certification that the mail has been successfully delivered.

Forwarding other documents

CSA will forward other types of documents to a customer when doing so will further the objects of the legislation. Documents of this type include draft agreements in stage 2 cases or proposals for agreement to change a court order in a stage 1 case.

CSA will not forward these documents if it is aware that there are any court orders in place that prevent contact between the parents. This may include apprehended violence orders made under state legislation or protection orders made under the Family Law Act.

In other cases CSA will make every effort to contact the other parent and obtain their consent for the document to be forwarded. CSA will not forward the documents without the consent of the other parent if it has an indication in its records of domestic violence or child abuse.

CSA will send the documents by ordinary mail to the parent's last known address. CSA will confirm in writing that the document has been forwarded.

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Version 1.1

Issued 27 June 2006

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