Commonwealth Consolidated Acts Commonwealth Consolidated ActsChild Support (Assessment) Act 1989
1 Section 5
Insert:
"final" , in relation to a decision of a court, has the meaning given by section 144.
2 Section 5
Insert:
"Registration and Collection Act" means the Child Support (Registration and Collection) Act 1988 .
3 Section 33
Repeal the section, substitute:
33 Notice to be given to unsuccessful applicant
(1) If the Registrar refuses to accept an application for administrative assessment of child support for a child, the Registrar must immediately notify the applicant in writing.
Refusals on grounds that Registrar not satisfied that person a parent
(2) Subsection (3) applies if:
(a) the application was a carer application; and
(b) one of the reasons for the Registrar refusing to accept the application was that the Registrar was not satisfied under section 29 that the person from whom the application sought payment of child support is a parent of the child.
(3) The notice must include, or be accompanied by:
(a) a statement of the reason referred to in paragraph (2)(b); and
(b) a statement to the effect that the applicant may apply to a court having jurisdiction under this Act for a declaration under section 106A that the applicant is entitled to administrative assessment of child support for a child because the person from whom the application sought payment of child support is a parent of the child.
Refusals on other grounds
(4) If subsection (3) does not apply, the notice must include, or be accompanied by, a statement to the effect that:
(a) the applicant may, subject to the Registration and Collection Act, object to the decision (the original decision ); and
(b) the applicant may, if aggrieved by a later decision on an objection to the original decision, subject to that Act, apply to the SSAT for review of the later decision.
Validity of decisions
(5) A contravention of subsection (3) or (4) in relation to a decision does not affect the validity of the decision.
4 Subsection 34(2)
Repeal the subsection, substitute:
(2) The notice must include, or be accompanied by, a statement to the effect:
(a) that the person from whom the application sought payment of child support for a child may apply to a court having jurisdiction under this Act for a declaration under section 107 that the applicant was not entitled to administrative assessment of child support for the child because the person is not a parent of the child; and
(b) that the person from whom, or to whom, the application sought payment of child support:
(i) may, subject to the Registration and Collection Act, object to the decision (the original decision ) (other than on the ground that the person is not a parent of the child concerned); and
(ii) if aggrieved by a later decision on an objection to the original decision (no matter who lodges the objection), may, subject to that Act, apply to the SSAT for review of the later decision.
5 Subsection 60A(3)
Omit "Part 6B and section 110", substitute "Parts VII, VIIA and VIII of the Registration and Collection Act".
6 Subsection 60B(2)
Repeal the subsection, substitute:
(2) The notice must include, or be accompanied by, a statement to the effect:
(a) that the person may, subject to the Registration and Collection Act, object to the particulars of the assessment in relation to which the person sought to make the election; and
(b) that if the person is aggrieved by the decision on the objection, he or she may, subject to that Act, apply to the SSAT for review of the decision.
(3) A contravention of subsection (2) in relation to a decision does not affect the validity of the decision.
7 Subsection 64A(6)
Repeal the subsection, substitute:
(6) The notice must include, or be accompanied by, a statement to the effect:
(a) that the person may, subject to the Registration and Collection Act, object to the decision (the original decision ); and
(b) that if the person is aggrieved by a later decision on an objection to the original decision, he or she may, subject to that Act, apply to the SSAT for review of the later decision.
8 Subsection 66C(2)
Repeal the subsection, substitute:
(2) The notice must include, or be accompanied by, a statement to the effect:
(a) that the applicant may, subject to the Registration and Collection Act, object to the particulars of the assessment in relation to which the unsuccessful application was made; and
(b) that if the applicant is aggrieved by the decision on the objection, he or she may, subject to that Act, apply to the SSAT for review of the decision.
(3) A contravention of subsection (2) in relation to a decision does not affect the validity of the decision.
9 Subsection 70(1)
Omit "Division 3 of Part 7", substitute "Part VIIA, or Subdivision B of Division 3 of Part VIII, of the Registration and Collection Act".
10 Section 72
Omit "Division 3 of Part 7", substitute "Part VIIA, or Subdivision B of Division 3 of Part VIII, of the Registration and Collection Act".
11 Subparagraph 76(3)(a)(i)
Omit "this Act", substitute "the Registration and Collection Act".
12 Subparagraph 76(3)(a)(ii)
Repeal the subparagraph, substitute:
(ii) if aggrieved by the decision on an objection to particulars of the assessment (no matter who lodges the objection but subject to that Act), to apply to the SSAT for review of the decision;
13 Subsection 96(2)
Repeal the subsection, substitute:
(2) The notice must include, or be accompanied by, a statement that specifically draws the attention of the parties to the agreement to the right:
(a) to object, subject to the Registration and Collection Act, to the decision (the original decision ); and
(b) if aggrieved by a later decision on an objection to the original decision (no matter who lodges the objection but subject to that Act), to apply to the SSAT for review of the later decision.
14 Section 98JA
Repeal the section, substitute:
98JA Notice of refusal to be served on parties
(1) If the Registrar refuses to make a determination under this Division, the Registrar must serve notice in writing of the decision on each of the parties to the proceeding.
(2) The notice must include, or be accompanied by, a statement to the effect:
(a) that the party may, subject to the Registration and Collection Act, object to the decision (the original decision ); and
(b) that if the party is aggrieved by a later decision on an objection to the original decision (no matter who lodges the objection), the party may:
(i) if the original decision was made under section 98E (issues too complex)--apply to a court having jurisdiction under this Act for an order under Division 4 of Part 7; or
(ii) otherwise--apply, subject to the Registration and Collection Act, to the SSAT for review of the later decision.
(3) A contravention of subsection (2) in relation to a decision does not affect the validity of the decision.
15 At the end of Division 3 of Part 6A
Add:
98RA Notice of refusal to be served on parties
(1) If, after having notified parties under section 98M, the Registrar refuses to make a determination under this Division, the Registrar must serve notice in writing of the decision on each of the parties to the proceeding.
(2) The notice must include, or be accompanied by, a statement to the effect:
(a) that the party may, subject to the Registration and Collection Act, object to the decision (the original decision ); and
(b) that if the party is aggrieved by a later decision on an objection to the original decision (no matter who lodges the objection), the party may:
(i) if the original decision was made under section 98R (issues too complex)--apply to a court having jurisdiction under this Act for an order under Division 4 of Part 7; or
(ii) otherwise--apply, subject to the Registration and Collection Act, to the SSAT for review of the later decision.
(3) A contravention of subsection (2) in relation to a decision does not affect the validity of the decision.
16 Part 6B
Repeal the Part.
17 Part 7 (heading)
Repeal the heading, substitute:
Part 7 -- Court review of certain decisions
18 Before Division 1 of Part 7
Insert:
The following is a simplified outline of this Part:
• Jurisdiction under this Act is conferred on certain federal and State courts.
• Generally, a person may apply for an order under this Part without having first obtained internal review under Part VII of the Registration and Collection Act.
• A court may declare that a person is, or is not, entitled to administrative assessment of child support for a child because another person is, or is not, the parent of the child.
• A court may grant leave for the making of a departure determination under Part 6A, or a departure order under Division 4 of this Part, in relation to a period more than 18 months but less than 7 years earlier.
• In special circumstances, a court may make an order equivalent to a departure determination.
• A court may order that child support be paid in a form other than periodic amounts paid to a carer.
• A court may set aside a child support agreement if the consent of one of the parties was obtained by fraud or undue influence.
• A court may make an order for the payment of child support if a child is in urgent need of financial assistance.
• If a proceeding has been instituted in a court, or before the Registrar under Part 6A, a court may make an order staying or otherwise affecting the operation of this Act during the proceeding.
19 Division 1 of Part 7 (heading)
Repeal the heading, substitute:
Division 1 -- Jurisdiction of courts
20 Before section 99
Insert:
The following is a simplified outline of this Division:
• Jurisdiction under this Act is conferred on the Family Court, the Federal Magistrates Court and certain State and Territory courts.
• This Division also provides for appeals to the Family Court from other courts.
21 Division 2 of Part 7 (heading)
Repeal the heading, substitute:
Division 2 -- Entitlement to administrative assessment
22 Sections 106 and 106A
Repeal the sections, substitute:
The following is a simplified outline of this Division:
• A court may declare that a person is entitled to administrative assessment of child support for a child because another person is the parent of the child.
• A court may declare that a person is not entitled to administrative assessment of child support for a child because another person is not the parent of the child.
106A Declaration that a person is entitled to administrative assessment
(1) This section applies if:
(a) the Registrar refuses to accept from an applicant a carer application for administrative assessment of child support for a child under subsection 30(2); and
(b) one of the reasons for the Registrar so refusing was that the Registrar was not satisfied under section 29 that the person from whom the application sought payment of child support is a parent of the child.
Applications for declarations
(2) The applicant may apply to a court having jurisdiction under this Act for a declaration that:
(a) if the reason referred to in paragraph (1)(b) was the only reason for the Registrar refusing to accept the application--the applicant is entitled to administrative assessment of child support for the child because the person from whom the application sought payment of child support is a parent of the child; and
(b) if the reason referred to in paragraph (1)(b) was one of the reasons for the Registrar refusing to accept the application--the applicant is entitled to have the Registrar reconsider the application under Division 2 of Part 4 because the person from whom the application sought payment of child support is a parent of the child.
(3) The application must be made within:
(a) the time prescribed by the applicable Rules of Court; or
(b) such further time as is allowed under the applicable Rules of Court.
Parties
(4) Subject to section 145 (Registrar may intervene in proceedings), the parties to the proceeding are:
(a) the applicant; and
(b) the person from whom the application sought payment of child support.
Declarations
(5) The court may grant the declaration if the court is satisfied that:
(a) if the reason referred to in paragraph (1)(b) was the only reason for the Registrar refusing to accept the application--the person is entitled to administrative assessment of child support because the person from whom the application sought payment of child support is a parent of the child; or
(b) if the reason referred to in paragraph (1)(b) was one of the reasons for the Registrar refusing to accept the application--the applicant is entitled to have the Registrar reconsider the application under Division 2 of Part 4 because the person from whom the application sought payment of child support is a parent of the child.
(6) If the court grants the declaration:
(a) if the reason referred to in paragraph (1)(b) was the only reason for the Registrar refusing to accept the application--the Registrar is taken to have accepted the application for administrative assessment of child support; and
(b) if the reason referred to in paragraph (1)(b) was one of the reasons for the Registrar refusing to accept the application--the Registrar must reconsider the application under Division 2 of Part 4.
23 At the end of subsection 107(1)
Add "because the person is not a parent of the child concerned".
Note: The heading to section 107 is replaced by the heading " Declaration that a person is not entitled to administrative assessment ".
24 Subsections 107(1A) and (1B)
Repeal the subsections, substitute:
(1A) However, a person must not apply for the declaration in respect of a child if a court has already declared under section 106A that the applicant was entitled to administrative assessment of child support for the child, or to have the Registrar reconsider an application, because the person is a parent of the child.
Note: In that case, the person may be able to appeal against the declaration under Division 1 of Part 7.
25 Subsection 107(4)
Repeal the subsection, substitute:
(4) The court may grant the declaration if the court is satisfied that the applicant was not entitled to administrative assessment of child support for the child because the person from whom the application sought payment is not a parent of the child.
26 Paragraph 109(2)(b)
Repeal the paragraph.
27 Division 6 of Part 7 (heading)
Repeal the heading, substitute:
Division 6 -- Setting aside accepted child support agreements
28 Subdivision A of Division 6 of Part 7
Repeal the Subdivision.
29 Subdivision B of Division 6 of Part 7 (heading)
Repeal the heading.
30 Before section 136
Insert:
The following is a simplified outline of this Division:
• A court may set aside a child support agreement if the consent of one of the parties was obtained by fraud or undue influence.
31 Section 138
Omit "Subdivision", substitute "Division".
32 Before section 139
Insert:
The following is a simplified outline of this Division:
• A court may make an order for the payment of child support if:
(a) a child is in urgent need of financial assistance; and
(b) an application has been made for an administrative assessment in relation to the child.
• If a proceeding has been instituted in a court, or before the Registrar under Part 6A, a court may make an order staying or otherwise affecting the operation of this Act during the proceeding.
33 Paragraph 139(2A)(d)
Repeal the paragraph, substitute:
(d) if:
(i) the decision of the Registrar does not become final; and
(ii) one of the reasons for the Registrar so refusing was that the Registrar was not satisfied under section 29 that the person from whom the application sought payment of child support is a parent of the child;
at the time when a decision of a court becomes final, being a decision (whether under section 106A or on appeal from a decision of a court under that section) that the person from whom the application sought payment of child support is not a parent of the child; or
(e) in any other case--at the time when a decision that the applicant was not entitled to administrative assessment of child support becomes final, being a decision:
(i) of the SSAT under Part VIIA of the Registration and Collection Act; or
(ii) of a court under Subdivision B of Division 3 of Part VIII of the Registration and Collection Act or on appeal from a decision of a court under that Subdivision.
34 Subsection 139(2B)
Repeal the subsection, substitute:
(2B) For the purposes of subsection (2A), a decision of the Registrar refusing to accept an application for administrative assessment of child support becomes final if an application:
(a) to a court under section 106A (declarations of entitlement to administrative assessment); or
(b) to the SSAT under Part VIIA of the Registration and Collection Act;
is not made within the period for doing so. The application becomes final at the end of the period.
Note: For determining when decisions of the SSAT become final, see subsection 110W(1) of the Registration and Collection Act.
35 Before section 141
Insert:
The following is a simplified outline of this Division:
• In exercising jurisdiction under this Act, a court has broad powers.
• An amount of child support paid when there is no liability to do so may be recovered in a court.
36 Before section 144
Insert:
The following is a simplified outline of this Division:
• A decision of a court becomes final at the end of the period for appealing against the decision if no appeal is made.
• The Registrar may intervene in any proceeding under this Act.
37 Subsection 151C(5)
Repeal the subsection, substitute:
(5) A notice to a person under this section must include, or be accompanied by, a statement to the effect:
(a) that the person may, subject to the Registration and Collection Act, object to the particulars of the assessment in relation to which the application under section 151B was made; and
(b) that if the person is aggrieved by the decision on an objection to the particulars of the assessment (no matter who lodges the objection), he or she may, subject to that Act, apply to the SSAT for review of the decision.
Child Support (Registration and Collection) Act 1988
38 Title
Omit " related ", substitute " other ".
39 Subsection 4(1)
Insert:
"AAT" means the Administrative Appeals Tribunal.
40 Subsection 4(1)
Insert:
"administrative assessment" has the same meaning as in the Assessment Act.
41 Subsection 4(1)
Insert:
"appealable collection refusal decision" means a decision resulting in the failure of the Registrar to collect an amount payable under an enforceable maintenance liability, being an amount that has become due and payable and remained unpaid for at least 6 months, if:
(a) proceedings have not been instituted in a court for recovery of the amount; or
(b) proceedings have been instituted in a court for recovery of the amount and at least 3 months have elapsed since the proceedings were instituted.
42 Subsection 4(1) (at the end of paragraphs (a) to (bb) of the definition of appealable refusal decision )
Add "or".
43 Subsection 4(1) (paragraph (c) of the definition of appealable refusal decision )
Omit "section 71 or 71A", substitute "section 71, 71A or 71C".
44 Subsection 4(1) (at the end of paragraph (c) of the definition of appealable refusal decision )
Add "or".
45 Subsection 4(1) (paragraphs (d) and (e) of the definition of appealable refusal decision )
Repeal the paragraphs.
46 Subsection 4(1)
Insert:
"Assessment Act" means the Child Support (Assessment) Act 1989 .
47 Subsection 4(1) (paragraph (a) of the definition of court order )
Before "the Child Support (Assessment) Act 1989 ", insert "this Act,".
48 Subsection 4(1)
Insert:
"final" :
(a) in relation to a decision of the SSAT--has the meaning given by subsection 110W(1); and
(b) in relation to a decision of a court--has the meaning given by subsections 110W(2) and (3).
49 Subsection 4(1)
Insert:
"reconsideration" of a decision has the meaning given by section 110Q.
50 Subsection 4(1)
Insert:
"resumption determination" means a determination made by the Registrar under subsection 79A(3) or 79B(3).
51 Subsection 4(1)
Insert:
"SSAT" means the Social Security Appeals Tribunal.
52 Subsection 4(1)
Insert:
"SSAT Executive Director" means the Executive Director of the SSAT.
53 Subsection 4(1)
Insert:
"suspension determination" means a determination made by the Registrar under subsection 79A(1) or 79B(1).
54 Subsection 4(1) (definition of Tribunal )
Repeal the definition.
55 Paragraph 4(4)(a)
Repeal the paragraph, substitute:
(a) the Registrar is required, under section 22, subsection 24(1), 24A(1) or 25(2), or section 36, 37A, 37B, 38A, 39, 39B or 44, to do an act within a specified period; and
56 Subsection 7(3)
Omit "and the Tribunal", substitute ", the SSAT and the AAT".
57 Subsection 7(3)
Omit "or the Tribunal", substitute ", the SSAT or the AAT".
58 Paragraphs 23(1)(a), 33(1)(a), 37(a)
Before "the Child Support (Assessment Act) 1989 ", insert "this Act,".
59 At the end of Part III
Add:
Division 4 -- Notices in respect of registration decisions
42C Notices must be given to payers and payees in relation to registration decisions
Notices must be given
(1) As soon as practicable after the Registrar:
(a) registers a registrable maintenance liability under this Act; or
(b) varies particulars entered in the Child Support Register in relation to a registrable maintenance liability;
the Registrar must serve on the payer and payee of the liability a notice in writing of the particulars entered in the Child Support Register in relation to the liability, unless notice of those particulars has already been given to the payer and the payee under the Assessment Act.
(2) As soon as practicable after the Registrar deletes an entry in relation to a registrable maintenance liability from the Child Support Register, the Registrar must serve a notice of the decision on the payer and payee.
(3) As soon as practicable after the Registrar makes an appealable refusal decision in relation to a registrable maintenance liability, the Registrar must serve a notice in writing of the decision on the payer and payee.
Content of notices
(4) A notice served on a person under this section in relation to a decision (the original decision ) must include, or be accompanied by, a statement to the effect that:
(a) the person may, subject to this Act, object to the original decision; and
(b) if the person is dissatisfied by a later decision of the Registrar on an objection to the original decision (no matter who lodges the objection), the person may, subject to this Act, apply to the SSAT for review of the later decision.
(5) A contravention of subsection (4) in relation to a decision does not affect the validity of the decision.
60 Subsection 54(3)
Repeal the subsection, substitute:
Notices of decisions
(3) If the Registrar makes a decision under subsection (1) or (2):
(a) to remit only part of a penalty; or
(b) not to remit any part of a penalty;
the Registrar must serve written notice of the decision on the person by whom the penalty is, or but for the remission would be, payable.
(4) The notice must include, or be accompanied by, a statement to the effect that:
(a) the person may, subject to this Act, object to the decision (the original decision ); and
(b) if the person is dissatisfied by a later decision of the Registrar on an objection to the original decision, the person may, subject to this Act, apply to the SSAT for review of the later decision.
(5) A contravention of subsection (4) in relation to a decision does not affect the validity of the decision.
61 Section 68
Omit "Where", substitute "(1) If".
62 At the end of paragraph 68(a)
Add "or".
63 At the end of subparagraph 68(b)(i)
Add "and".
64 At the end of section 68
Add:
Notices of decisions
(2) If the Registrar makes a decision under subsection (1):
(a) to remit only part of a penalty; or
(b) not to remit any part of a penalty;
the Registrar must serve written notice of the decision on the person by whom the penalty is, or but for the remission would be, payable.
(3) The notice must include, or be accompanied by, a statement to the effect that:
(a) the person may, subject to this Act, object to the decision (the original decision ); and
(b) if the person is dissatisfied by a later decision of the Registrar on an objection to the original decision, the person may, subject to this Act, apply to the SSAT for review of the later decision.
(4) A contravention of subsection (3) in relation to a decision does not affect the validity of the decision.
65 After section 71D
Insert:
71E Notices must be given to payers and payees in relation to registration decisions
Notices must be given
(1) This section applies if the Registrar decides, under section 71, 71A or 71C, to credit an amount received by the payee of an enforceable maintenance liability, or a third party, against the liability of the payer of that enforceable maintenance liability.
Note: If the Registrar refuses to credit an amount under section 71, 71A or 71C, the Registrar must give a notice under subsection 42C(3).
(2) As soon as practicable after the Registrar credits the amount, the Registrar must serve a notice in writing of the decision on the payee and the payer.
Content of notices
(3) A notice served on a person under this section in relation to a decision (the original decision ) must include, or be accompanied by, a statement to the effect that:
(a) the person may, subject to this Act, object to the original decision; and
(b) if the person is dissatisfied by a later decision of the Registrar on an objection to the original decision (no matter who lodges the objection), the person may, subject to this Act, apply to the SSAT for review of the later decision.
(4) A contravention of subsection (3) in relation to a decision does not affect the validity of the decision.
66 Subsection 76(1)
Omit "section 79A", substitute "sections 79A and 79B".
67 Before section 79A
Insert:
Division 3 -- Suspension determinations
68 Section 79A
Repeal the section, substitute:
Suspension determinations
(1) The Registrar must make a determination (a suspension determination ) that a payee of a registered maintenance liability in relation to a child is not entitled under subsection 76(1) to be paid an amount that is payable for the child by a payer of the liability if:
(a) the Registrar has notice that the payer has made an application under section 107 of the Assessment Act for a declaration that the payee was not entitled to administrative assessment of child support for the child because the payer is not the parent of the child; and
(b) the application is pending.
Payee not entitled to be paid amounts until resumption determination made
(2) If the Registrar makes a suspension determination on a day, the payee is not entitled to be paid an amount from that payer for the child on that or any later day mentioned in subsection 76(1) unless and until the Registrar makes a determination under subsection (3) of this section in relation to the payee and an amount payable by that payer for the child.
Note 1: If the court grants the declaration under section 107 of the Assessment Act, the application for administrative assessment of child support is taken to have never been accepted by the Registrar, and the payee was never entitled to be paid amounts under subsection 76(1) of this Act from that payer for that child.
Note 2: The Registrar must vary the Child Support Register after making the suspension determination (see section 79C).
Resumption determinations
(3) If:
(a) the Registrar has made a suspension determination under subsection (1) in relation to the payee of a registered maintenance liability; and
(b) the Registrar is satisfied that the application referred to in paragraph (1)(a) has been:
(i) finally refused by the court (within the meaning of section 144 of the Assessment Act); or
(ii) dismissed or withdrawn; or
(iii) struck out by the court;
the Registrar must make a determination (a resumption determination ) that:
(c) the payee is again entitled under subsection 76(1) to be paid an amount from that payer for the child; and
(d) if the payee has not, because of the suspension determination, been paid an amount which the payee would otherwise have been paid under subsection 76(1)--the payee is entitled to be paid that amount.
Note: The Registrar must vary the Child Support Register after making the resumption determination (see section 79C).
79B Suspension determinations--pending SSAT and court reviews
Suspension determinations
(1) The Registrar may make a determination (a suspension determination ) that a payee of a registered maintenance liability in relation to a child is not entitled under subsection 76(1) to be paid an amount that is payable for the child by the payer of the liability if:
(a) any of the following proceedings has been brought by the payer under item 9 of the table in subsection 80(1) and the proceeding is pending:
(i) a proceeding that the child was not a child in relation to whom the application for administrative assessment of child support was entitled to be made;
(ii) a proceeding that the applicant was not a person entitled to make the application for the child;
(iii) a proceeding that the person from whom the application sought payment was not a resident of Australia; or
(b) a proceeding has been brought by the payer under Subdivision B of Division 3 of Part VIII (court review) in relation to the payee's entitlement to administrative assessment of child support for the child and the proceeding is pending under that Subdivision.
Payee not entitled to be paid amounts until resumption determination made
(2) If the Registrar makes a suspension determination on a day, the payee is not entitled to be paid an amount from that payer for the child on that or any later day mentioned in subsection 76(1) unless and until the Registrar makes a determination under subsection (3) of this section in relation to the payee and an amount payable by that payer for the child.
Note: The Registrar must vary the Child Support Register after making the suspension determination (see section 79C).
Resumption determinations
(3) If:
(a) the Registrar has made a suspension determination under subsection (1) in relation to the payee of a registered maintenance liability; and
(b) the Registrar is satisfied that the proceeding referred to in subsection (1) has been:
(i) finally refused by the court (within the meaning of section 110W); or
(ii) dismissed or withdrawn; or
(iii) struck out by the court;
the Registrar must make a determination (a resumption determination ) that:
(c) the payee is again entitled under subsection 76(1) to be paid an amount from that payer for the child; and
(d) if the payee has not, because of the suspension determination, been paid an amount which the payee would otherwise have been paid under subsection 76(1)--the payee is entitled to be paid that amount.
Note: The Registrar must vary the Child Support Register after making the resumption determination (see section 79C).
79C Varying particulars after suspension or resumption determination is made
(1) Immediately after making a suspension determination in relation to an amount payable under a registered maintenance liability, the Registrar must vary the particulars entered in the Child Support Register in relation to the liability in whatever way the Registrar considers necessary or desirable to give effect to the determination.
Note: As soon as practicable after varying particulars under this subsection, the Registrar must serve a notice under section 42C.
(2) Immediately after making a resumption determination in relation to an amount payable under a registered maintenance liability, the Registrar must vary the particulars entered in the Child Support Register in relation to the liability in whatever way the Registrar considers necessary or desirable to give effect to the determination.
Note: As soon as practicable after varying particulars under this subsection, the Registrar must serve a notice under section 42C.
69 Part VII
Repeal the Part, substitute:
Part VII -- Internal objection procedures for certain decisions
The following is a simplified outline of this Part:
• Certain persons can object under this Part to certain decisions of the Registrar under the Assessment Act and this Act.
• If a person objects to a decision, the Registrar is required to reconsider the decision under this Part.
• If a person is dissatisfied with the reconsideration, he or she can apply to the SSAT for review of the decision under Part VIIA of this Act.
• A person can appeal from the SSAT to a court on a question of law under Subdivision B of Division 3 of Part VIII of this Act.
The object of this Part is to provide for internal reconsideration of decisions of the Registrar before the decisions may be reviewed by the SSAT under Part VIIA.
Division 2 -- Decisions against which objections may be lodged
80 Decisions against which objections may be lodged
(1) A person may lodge with the Registrar an objection in writing to a decision of the Registrar if:
(a) the decision is set out in an item of the following table; and
(b) the person is set out in that item.
Decisions/objectors | ||
Decision | Who may object | |
1 | to register a registrable maintenance liability | (a) the payer of the registrable maintenance liability; or (b) the payee of the registrable maintenance liability |
2 | as to particulars entered in the Child Support Register in relation to a registrable maintenance liability | (a) the payer of the registrable maintenance liability; or (b) the payee of the registrable maintenance liability |
3 | as to particulars varied in the Child Support Register in relation to a registrable maintenance liability | (a) the payer of the registrable maintenance liability; or (b) the payee of the registrable maintenance liability |
4 | to delete an entry from the Child Support Register in relation to a registrable maintenance liability | (a) the payer of the registrable maintenance liability; or (b) the payee of the registrable maintenance liability |
5 | to credit, under section 71, 71A or 71C of this Act, an amount received by the payee of a registrable maintenance liability, or a third party, against the liability of the payer of the liability to the Commonwealth | the payee of the registrable maintenance liability |
6 | to make an appealable refusal decision in relation to a registrable maintenance liability | (a) the payer of the registrable maintenance liability; or (b) the payee of the registrable maintenance liability |
7 | to make an appealable collection refusal decision in relation to a registrable maintenance liability | the payee of the registrable maintenance liability |
8 | in relation to the remission of a penalty under subsection 54(1) or (2) or section 68 of this Act | the person by whom the penalty is payable |
9 | to accept an application for administrative assessment under subsection 30(1) of the Assessment Act | (a) the person from whom the application seeks payment of child support; or (b) the person to whom the application seeks payment of child support |
10 | to refuse to accept an application for administrative assessment under subsection 30(2) of the Assessment Act | the applicant |
11 | as to the particulars of an administrative assessment | (a) the carer entitled to child support; or (b) the liable parent |
12 | in relation to the remission of a penalty under section 64A of the Assessment Act | the person by whom the penalty is payable |
13 | to terminate a child support agreement under paragraph 80G(1)(d) or (e) of the Assessment Act | a party to the agreement |
14 | to accept or to refuse to accept an agreement in relation to a child under section 92 or 98U of the Assessment Act | a party to the agreement |
15 | to make or to refuse to make a determination under Part 6A of the Assessment Act | (a) the carer entitled to child support; or (b) the liable parent |
Objections to particulars in the Child Support Register
(2) An objection to a decision of the Registrar as to particulars entered in the Child Support Register in relation to a registrable maintenance liability may be lodged:
(a) on the ground that the relevant entry does not relate to a registrable maintenance liability; or
(b) on any other ground.
(3) An objection to a decision of the Registrar as to particulars varied in the Child Support Register in relation to a registrable maintenance liability may only be made against:
(a) the particulars varied; and
(b) any other particulars affected by the variation.
Objections to administrative assessments--parentage
(4) An objection to a decision of the Registrar to accept an application for administrative assessment under subsection 30(1) of the Assessment Act may not be lodged on the ground that the person is not the parent of the child concerned.
Note: In that case, the person may be able to apply to a court under section 107 of the Assessment Act for a declaration that the applicant for the administrative assessment in question was not entitled to it.
(5) An objection may not be lodged to a decision of the Registrar to refuse to accept a carer application for administrative assessment if one of the reasons for the Registrar so refusing was that the Registrar was not satisfied under section 29 that the person from whom the application sought payment of child support is a parent of the child concerned.
Note: In that case, the applicant may be able to apply to a court under section 106A of the Assessment Act for a declaration that the applicant is entitled to administrative assessment of child support for the child.
Division 3 -- Time limits on lodging objections
81 Time limits on lodging objections
(1) An objection to a decision (other than an objection to an appealable collection refusal decision) must be lodged by a person within 28 days after a notice of the decision is served on the person.
(2) An objection to an appealable collection refusal decision must be lodged by a person within 28 days after the decision first comes to the notice of the person.
82 Applications for extensions of time
(1) If the period for the lodgment by a person of an objection under section 81 has ended, the person may, even though the period has ended, send the objection to the Registrar together with an application in writing requesting the Registrar to treat the objection as having been duly lodged.
(2) The application must state fully and in detail the grounds of the application, including the circumstances concerning, and the reasons for, the failure by the person to lodge the objection as required by section 81.
83 Consideration of applications for extensions of time for lodging objections
(1) If an application is sent to the Registrar under section 82 in relation to an objection under this Part, the Registrar must:
(a) consider the application; and
(b) within 60 days after the application is received by the Registrar:
(i) either grant or refuse the application; and
(ii) if the application is granted--deal with the objection under subsection 87(1).
(2) If the Registrar does not either grant or refuse to grant the application within that period of 60 days, the Registrar is taken, at the end of that period, to have refused to grant the application.
(3) The Registrar must serve notice in writing of the decision on the person who made the application.
(4) The notice must include, or be accompanied by:
(a) the reasons for the decision; and
(b) a statement to the effect that, if the person is aggrieved by the decision, application may be made, subject to this Act, to the SSAT for review of the decision.
(5) A contravention of subsection (4) in relation to a decision does not affect the validity of the decision.
(6) If an application under subsection 82(1) is granted, the person who made the application is, for the purposes of this Act, taken to have duly lodged the objection to which the application relates.
Division 4 -- Grounds of objections
The objection must state fully and in detail the grounds relied on.
85 Registrar to serve copies of grounds of objections on other parties
The following table has effect:
Recipients of grounds of objections | ||
If a person objects to ... | the Registrar must, as soon as practicable, serve a copy of the grounds of objection on ... | |
1 | a decision that more than one person could have objected to under section 80 of this Act | each other person who could have objected to the decision |
2 | a decision to credit, under section 71, 71A or 71C of this Act, an amount received by the payee of a registrable maintenance liability against the liability of the payer of the liability to the Commonwealth | the payer of the registrable maintenance liability |
3 | an appealable collection refusal decision in relation to a registrable maintenance liability | the payer of the registrable maintenance liability |
4 | a decision to refuse to accept an application for administrative assessment under subsection 30(2) of the Assessment Act | the person to whom or from whom the application seeks payment of child support, as the case requires |
86 Other party may oppose or support objection
(1) A person served with a copy of the grounds of objection under section 85 may lodge with the Registrar a written notice in opposition to, or in support of, the objection.
(2) The notice must be lodged within 28 days after service on the person of the copy of the grounds of objection.
(3) The notice must state fully and in detail the grounds relied on.
Division 5 -- Consideration of objections
87 Consideration of objections by Registrar
(1) If an objection is lodged with the Registrar under this Part, the Registrar must:
(a) consider the objection and any notice lodged with the Registrar under section 86 in relation to the objection; and
(b) within 60 days after the objection is lodged with the Registrar, either:
(i) disallow the objection; or
(ii) allow it in whole or in part.
(2) The Registrar must serve notice in writing of the decision on:
(a) the person who lodged the objection; and
(b) each other person who was entitled to be served a copy of the grounds of objection under section 85.
(3) A notice served on a person under subsection (2) must include, or be accompanied by:
(a) the reasons for the decision; and
(b) a statement to the effect that if the person is aggrieved by the decision on the objection:
(i) if the decision objected to was a decision by the Registrar under section 98E or 98R of the Assessment Act--the person may apply to a court for an order under Division 4 of Part 7 of that Act; or
(ii) otherwise--the person may, subject to this Act, apply to the SSAT for review of the decision.
(4) A contravention of subsection (3) in relation to a decision does not affect the validity of the decision.
Part VIIA -- SSAT review of certain decisions
The following is a simplified outline of this Part:
• If a person objects to a decision of the Registrar under Part VII, the Registrar is required to reconsider the decision under that Part.
• If a person is dissatisfied with the reconsideration, he or she can apply to the SSAT for review of the decision under this Part.
• The SSAT must pursue the objective of providing a mechanism of review that is fair, just, economical, informal and quick.
• A person can appeal from the SSAT to a court on a question of law under Subdivision B of Division 3 of Part VIII of this Act.
In carrying out its functions under this Act, the SSAT must pursue the objective of providing a mechanism of review that is fair, just, economical, informal and quick.
Division 2 -- Applications for review
Subdivision A -- Applications for review
(1) A person may apply to the SSAT for review of a decision of the Registrar if:
(a) the decision is set out in an item of the following table; and
(b) the person is set out in that item.
Decisions/applicants | ||
Decision | Who may apply for review | |
1 | a decision under subsection 83(1) on an application for an extension of time | the person who applied for the extension of time |
2 | a decision under subsection 87(1) on an objection to a decision (the original decision ) of the Registrar | (a) the person who objected to the original decision under section 80; or (b) a person who was entitled to be served a copy of the grounds of objection under section 85 |
(2) However, a person may not apply to the SSAT for review of a decision under subsection 87(1) on an objection to a decision (the original decision ) of the Registrar if the original decision was made under section 98E or 98R of the Assessment Act.
Note: In that case, the person may apply to a court for an order under Division 4 of Part 7 (departure orders) of the Assessment Act.
Subdivision B -- Time limit on applications for review
90 Time limit on applications for review
An application for review under this Part must be made by a person within the period of 28 days starting on the day on which the relevant notice under subsection 83(3) or 87(2) is served on the person.
91 Application for extension of time
(1) If the period for applying for review under this Part has ended, a person may make an application for review under this Part that includes a written application (the extension application ) asking the SSAT Executive Director to consider the application for review despite the ending of the period.
(2) The extension application must state the reasons for the person's failure to apply for the review within the period required by section 90.
92 Consideration of applications for extension of time for lodging objections
(1) If a person applies to the SSAT under section 91 in relation to an application for review, the SSAT Executive Director must:
(a) consider the extension application; and
(b) within 60 days after the extension application is received by the SSAT, grant or refuse the extension application; and
(c) if the extension application is granted--deal with the application for review under this Part.
(2) If the SSAT Executive Director does not make a decision on the extension application within 60 days after the extension application was made, the SSAT Executive Director is taken to have refused the extension application at the end of that period.
(3) The SSAT Executive Director must give written notice of the decision granting or refusing the extension application to the person who made the extension application.
(4) If the SSAT Executive Director refuses the extension application, the notice under subsection (3) must include, or be accompanied by, a statement to the effect:
(a) that the person may, subject to the Administrative Appeals Tribunal Act 1975 , apply to the AAT for review of the decision; and
(b) except where subsection 28(4) of that Act applies--that the person may request a statement under section 28 of that Act.
(5) A contravention of subsection (4) in relation to a decision does not affect the validity of the decision.
(6) If an extension application under section 91 is granted, the person who made the application is, for the purposes of this Act, taken to have duly made the application for review under this Part to which the extension application relates.
(7) A person whose extension application has been refused by the SSAT Executive Director may apply to the AAT for review of the decision.
(8) In subsection (7):
"decision" has the same meaning as in the Administrative Appeals Tribunal Act 1975 .
If an extension application is made under section 91 in relation to an application for review:
(a) subsections 95(2) to (6) and section 96 are taken not to apply in respect of the application for review unless and until a decision of the SSAT Executive Director, the AAT or a court decides that the extension application is to be granted by the SSAT Executive Director; and
(b) if such a decision is made--subsection 95(2) applies as if the application for review under this Part is received by an office of the SSAT on the day on which that decision is made.
Subdivision C -- Application procedures
(1) A person may apply to the SSAT for review under this Part by:
(a) sending or delivering a written application to:
(i) an office of the SSAT; or
(ii) an office of the Department; or
(iii) an office of the Commonwealth Services Delivery Agency; or
(iv) an office of the Department administering the Commonwealth Services Delivery Agency Act 1997 ; or
(b) going to an office of the SSAT and making an oral application; or
(c) contacting an office of the SSAT by telephone and making an oral application.
(2) If a person makes an oral application in accordance with paragraph (1)(b) or (c), the person receiving the oral application must:
(a) make a written record of the details of the oral application; and
(b) note on the record the day on which the application is made.
(3) If a person makes a written record of an oral application in accordance with subsection (2), this Part has effect as if the written record were a written application made on the day on which the oral application was made.
(4) An application may include a statement of the reasons for seeking a review of the decision.
95 Procedures on receiving applications for review
Applications must be forwarded to SSAT
(1) If an application for review under this Part is sent or delivered to an office of a Department or of the Commonwealth Services Delivery Agency under section 94, the Secretary of that Department or the CEO of the Agency, as the case requires, must send the application to the SSAT Executive Director:
(a) as soon as practicable; and
(b) in any case--not later than 7 days after the application is received at the office of that Department or Agency.
SSAT must notify applicants and Registrar of receipt of applications
(2) If:
(a) an application for review under this Part is received by an office of the SSAT; or
(b) a Secretary or the CEO sends such an application to the SSAT Executive Director in accordance with subsection (1);
the SSAT Executive Director must give the applicant, the Registrar and any other party to the review written notice that the application has been received.
Note: The parties to the review are set out in section 101.
Registrar must provide information to SSAT
(3) Within 28 days after receiving the notice under subsection (2), the Registrar must send to the SSAT Executive Director:
(a) a statement about the decision under review that:
(i) sets out the findings of fact made by the Registrar; and
(ii) refers to the evidence on which those findings were based; and
(iii) gives the reasons for the decision; and
(b) the original or a copy of every document or part of a document that:
(i) is in the possession, or under the control, of the Registrar; and
(ii) is relevant to the review of the decision.
Note: The Registrar must also send copies of the statement and documents to each party (see section 96).
(4) If the SSAT Executive Director requests the Registrar to send the statement and documents referred to in subsection (3) by a day earlier than the day fixed by that subsection, the Registrar must take reasonable steps to comply with the request.
(5) If:
(a) after the end of the period referred to in subsection (3) but before the determination of the review, the Registrar obtains possession of a document; and
(b) the Registrar considers that the document or a part of the document is relevant to the review; and
(c) a copy of the document or the part of the document has not been sent to the SSAT Executive Director in accordance with subsection (3);
the Registrar must send a copy of the document or the part of the document to an office of the SSAT as soon as practicable after obtaining possession of the document.
(6) If the Registrar must provide the SSAT with a document under this section, the Registrar must provide the SSAT with:
(a) if the SSAT Executive Director requests the Registrar to provide a specified number of copies of the document--that number of copies of the document; or
(b) otherwise--2 copies of the document.
96 Parties to be given statements about decisions under review
(1) Within 28 days after receiving the notice under subsection 95(2), the Registrar must give each party to the review a copy of the statement and documents referred to in subsection 95(3).
Note: The parties to the review are set out in section 101.
(2) The SSAT Executive Director may, by writing given to the person, direct a person who has received a copy of a statement or a document in accordance with subsection (1):
(a) not to disclose information in the statement or document; or
(b) not to disclose information in the statement or document except in the circumstances, or for the purposes, specified in the direction.
Offence
(3) A person commits an offence if:
(a) the SSAT Executive Director gives a direction to the person under subsection (2); and
(b) the person contravenes the direction.
Penalty: Imprisonment for 2 years.
97 When document is not required to be sent
(1) Subject to section 98, the Registrar is not required, under paragraph 95(3)(b) or subsection 93(5), to send a document, or part of a document, that is relevant to a review if:
(a) for a document or a part of a document that is required under paragraph 95(3)(b)--within 28 days after receiving the relevant notice under subsection 95(2); or
(b) for a document or a part of a document that is required under subsection 95(5)--as soon as practicable;
the Registrar:
(c) applies to the SSAT Executive Director for a direction under section 98 in relation to the document or the part of the document; and
(d) sends to the SSAT 2 copies of the document or the part of the document, together with the application for the direction; and
(e) gives a copy of the application for the direction to each party to the application for review.
(2) Subsection (1) does not affect the obligation of the Registrar to comply with paragraph 95(3)(b) or subsection 93(5) in relation to any document or part of a document to which subsection (1) does not apply.
98 Directions prohibiting or restricting disclosure of documents
(1) If, after considering an application by the Registrar under section 97 for a direction in respect of a document or a part of a document, the SSAT Executive Director directs the Registrar to send the document or the part of the document under paragraph 95(3)(b) or subsection 93(5), the Registrar must do so.
(2) The SSAT Executive Director may give directions (whether on application by the Registrar or on his or her initiative) prohibiting or restricting the disclosure to some or all of the parties to a review of the contents of a document or statement referred to in subsection 95(3) or (5) that relates to the review if he or she is satisfied that it is desirable to do so because of the confidential nature of the document or statement, or for any other reason.
Subdivision D -- Effect of variations of original decisions on applications
99 Variations of decisions before reviews completed
(1) If the Registrar varies a decision:
(a) after an application has been made to the SSAT under this Part for review of the decision; but
(b) before the determination of the review;
the application for review is to be treated as if it were an application for review of the decision as varied.
(2) If the Registrar sets a decision aside and substitutes a new decision:
(a) after an application has been made to the SSAT for review of the original decision; but
(b) before the determination of the review;
the application for review is to be treated as if it were an application for review of the new decision.
(3) If:
(a) a person applies to the SSAT for review of a decision; and
(b) before the determination of the review, the Registrar varies the decision or sets it aside and substitutes a new decision;
the person may either:
(c) proceed with the application for review of the decision as varied or the new decision, as the case may be; or
(d) apply to the SSAT Executive Director to have the application dismissed under section 100.
Subdivision E -- Dismissal of applications
99A Subdivision does not apply in relation to Registrar
This Subdivision does not apply in relation to a party if the party is the Registrar.
100 Dismissal of an application
(1) The SSAT Executive Director may, on the application of a party or on his or her own initiative, dismiss an application for review of a decision if:
(a) the decision is not reviewable under this Part; or
(b) the application is frivolous or vexatious; or
(c) all of the parties consent; or
(d) the SSAT Executive Director is satisfied:
(i) after having communicated with each party; or
(ii) after having made reasonable attempts to communicate with each party and having failed to do so;
or a combination of both, that none of the parties intend to proceed with the application; or
(e) all of the parties fail to attend the hearing; or
(f) all of the parties have been removed from the proceeding under subsection 101(5).
(2) The SSAT Executive Director may dismiss an application under paragraph (1)(b) only if:
(a) one of the following applies:
(i) the SSAT Executive Director has received and considered submissions from the applicant;
(ii) the SSAT Executive Director has otherwise communicated with the applicant in relation to the grounds of the application;
(iii) the SSAT Executive Director has made reasonable attempts to communicate with the applicant in relation to the grounds of the application and has failed to do so; and
(b) all of the parties (other than the applicant) consent to the dismissal.
Division 3 -- Parties to reviews
(1) The parties to a review under this Part are:
(a) the applicant; and
(b) the Registrar; and
(c) any other person who was entitled to apply for review of the decision under section 89; and
(d) any other person who has been made a party to the review under subsection (4).
SSAT Executive Director may add parties
(2) Any person whose interests are affected by the decision may apply in writing to the SSAT Executive Director to be made a party to the review.
(3) However, a person may not apply under subsection (2) if:
(a) the person is a child of a party referred to in paragraph (1)(a), (c) or (d); or
(b) a party referred to in paragraph (1)(a), (c) or (d) is an eligible carer, but not a parent, of the person.
(4) The SSAT Executive Director may order that a person who has applied under subsection (2) be made a party to the review.
SSAT Executive Director may remove parties
(5) The SSAT Executive Director may direct that a party to a review no longer be a party to the review if:
(a) the party consents; or
(b) the SSAT Executive Director is satisfied:
(i) after having communicated with the party; or
(ii) after having made reasonable attempts to communicate with the party and having failed to do so;
that the party does not intend to participate in or proceed with the review; or
(c) the party fails to comply with a direction or order of the SSAT or of the SSAT Executive Director given in relation to the review; or
(d) the party fails to attend the hearing.
102 Notice of application to persons affected by decision
(1) If:
(a) an application has been made to the SSAT under this Part for review of a decision; and
(b) the SSAT Executive Director is satisfied that the interests of a person who is not a party to the review are affected by the decision;
the SSAT Executive Director must take reasonable steps to give the person written notice that an application has been made to the SSAT for review of the decision.
(2) However, subsection (1) does not apply to a person if:
(a) the person is a child of a party referred to in paragraph 101(1)(a), (c) or (d); or
(b) a party referred to in paragraph 101(1)(a), (c) or (d) is an eligible carer, but not a parent, of the person.
(3) The notice under subsection (1):
(a) must be in writing; and
(b) must include, or be accompanied by, notification of the person's right under subsection 101(2) to apply to the SSAT Executive Director to be added as a party to the review; and
(c) may be given at any time before the determination of the review.
(4) The SSAT Executive Director must give each party to the review a copy of the notice.
Division 3A -- Prehearing conferences
(1) T he SSAT Executive Director may convene one or more conferences with the parties to a review if he or she considers that it would assist in the conduct and consideration of the review to do so.
(2) At a conference, the SSAT Executive Director may:
(a) fix a day or days for the hearing; and
(b) give directions about the time within which submissions are to be made to the SSAT; and
(c) give directions about the time within which evidence is to be brought before the SSAT.
Note: Section 103W applies if the parties reach an agreement at the pre - hearing conference.
Subdivision A -- Arrangements for hearings
103A Arrangements for hearings
(1) The SSAT Executive Director must fix a day, time and place for the hearing of a review of a decision if:
(a) an application is made to the SSAT for review of the decision; and
(b) the parties to the review do not reach an agreement before a hearing of the review is to begin; and
(c) the SSAT Executive Director has not already done so at a pre - hearing conference.
(2) The SSAT Executive Director must give the applicant and any other parties to the review written notice of the day, time and place fixed for the hearing of the application.
(3) The notice under subsection (2) must be given a reasonable time before the day fixed for the hearing.
Subdivision B -- Submissions from parties other than the Registrar
103B Subdivision does not apply in relation to Registrar
This Subdivision does not apply in relation to a party if the party is the Registrar.
(1) A party to a review under this Part may make:
(a) oral submissions to the SSAT; or
(b) written submissions to the SSAT; or
(c) both oral and written submissions to the SSAT.
Note: The SSAT Executive Director may direct that a hearing be conducted without oral submissions from the parties (see section 103D).
(2) A party to a review may have another person make submissions to the SSAT on his or her behalf.
(3) The SSAT Executive Director may determine that submissions to the SSAT by a party or a party's representative are to be made by telephone or by means of other electronic communications equipment.
(4) Without limiting subsection (3), the SSAT Executive Director may make a determination under that subsection in relation to an application if:
(a) the application is urgent; or
(b) the party lives in a remote area and unreasonable expense would be incurred if the party or the party's representative had to travel to the place at which the hearing is to be held; or
(c) the party is unable to attend the hearing because of illness or infirmity; or
(d) the party has failed to attend the hearing and has not indicated that he or she intends to attend the hearing.
(5) If a party is not proficient in English, the SSAT Executive Director may give directions in relation to the use of an interpreter in connection with the hearing of the review.
(1) The SSAT Executive Director may direct that a hearing be conducted without oral submissions from the parties if:
(a) the SSAT Executive Director considers that the review hearing could be determined fairly on the basis of written submissions by the parties; and
(b) all parties to the review consent to the hearing being conducted without oral submissions.
(2) If the SSAT Executive Director gives a direction under subsection (1), the SSAT Executive Director must give each of the parties to the review written notice:
(a) informing the party of the direction; and
(b) inviting the party to submit written submissions; and
(c) specifying the address to which the written submissions are to be delivered; and
(d) specifying the time within which the written submissions are to be delivered.
The SSAT Executive Director must give a copy of the notice to the Registrar.
(3) The time specified under paragraph (2)(d) must be such as to allow a reasonable period for the parties to make written submissions.
(4) Despite subsection (1), the SSAT, as constituted for the hearing, may, if it thinks necessary after considering the written submissions made by the parties, make an order permitting the parties to make oral submissions to the SSAT at the hearing of the review.
103E Hearings without oral submissions from a party
(1) If a party to a review has informed the SSAT Executive Director that the party does not intend to make oral submissions to the SSAT, the SSAT may proceed to hear the application for review without oral submissions from the party.
(2) If:
(a) the SSAT Executive Director has determined that oral submissions to the SSAT by a party or a party's representative are to be made by telephone or by means of other electronic communications equipment; and
(b) on the day fixed for the hearing, the presiding member of the SSAT as constituted for the purposes of the review has been unable to contact the party or the party's representative, as the case may be, after taking reasonable steps to do so;
the SSAT Executive Director may authorise the SSAT to proceed to hear the application without oral submissions from the party or the party's representative, as the case may be.
(3) If:
(a) the SSAT Executive Director has not determined that oral submissions to the SSAT by a party or a party's representative are to be made by telephone or by means of other electronic communications equipment; and
(b) the party or the party's representative, as the case may be, does not attend the hearing at the time fixed for the hearing;
the SSAT Executive Director may authorise the SSAT to proceed to hear the application without oral submissions from the party or the party's representative, as the case may be.
(4) If the SSAT Executive Director gives an authorisation under subsection (2) or (3), the SSAT may proceed to hear the application in accordance with the authorisation.
(5) If the hearing for the review has not been completed, the SSAT Executive Director may revoke an authorisation under subsection (2) or (3).
Subdivision C -- Submissions from the Registrar
103F Submissions from the Registrar
(1) The Registrar may make written submissions to the SSAT.
Registrar may request permission to make oral submissions
(2) The Registrar may, by writing, request the SSAT Executive Director for permission to make:
(a) oral submissions to the SSAT; or
(b) both oral and written submissions to the SSAT.
The request must explain how such submissions would assist the SSAT.
(3) The SSAT Executive Director may, by writing, grant the request if, in the opinion of the SSAT Executive Director having regard to the objective laid down by section 88, such submissions would assist the SSAT.
SSAT may order Registrar to make oral submissions
(4) The SSAT Executive Director may order the Registrar to make:
(a) oral submissions to the SSAT; or
(b) both oral and written submissions to the SSAT;
if, in the opinion of the SSAT Executive Director having regard to the objective laid down by section 88, such submissions would assist the SSAT.
Subdivision D -- Other evidence provisions
103G Evidence on oath or affirmation
The SSAT may take evidence on oath or affirmation for the purposes of a review of a decision.
103H Children of parties not to give evidence
A person may not give evidence for the purposes of a review of a decision if:
(a) the person is a child of a party referred to in paragraph 101(1)(a), (c) or (d); or
(b) a party referred to in paragraph 101(1)(a), (c) or (d) is an eligible carer, but not a parent, of the person.
103J Provision of further information by Registrar
(1) The SSAT Executive Director may ask the Registrar to provide the SSAT with information or a document that the Registrar has and that is relevant to the review of a decision.
(2) The Registrar must comply with a request under subsection (1):
(a) as soon as practicable; and
(b) in any event--not later than 14 days after the request is made.
(3) If the request is for a document, the Registrar must provide the SSAT with:
(a) if the request specifies a number of copies--that number of copies of the document; or
(b) otherwise--2 copies of the document.
103K Power to obtain information
(1) The SSAT Executive Director may, if it is reasonably necessary for the purposes of a review, by written notice given to the person, require a person:
(a) to give to the SSAT:
(i) within a reasonable period specified in the notice (being a period of not less than 7 days); and
(ii) in a reasonable manner specified in the notice;
such information as the SSAT Executive Director requires; or
(b) to attend before the SSAT Executive Director (or an officer authorised by the SSAT Executive Director for the purpose):
(i) at a reasonable time specified in the notice; and
(ii) at a reasonable place specified in the notice;
and then and there answer questions; or
(c) to produce to the SSAT:
(i) at a reasonable time specified in the notice; and
(ii) at a reasonable place specified in the notice;
any documents in the custody or under the control of the person.
(2) A person commits an offence if:
(a) the SSAT Executive Director gives the person a notice under subsection (1); and
(b) the person refuses or fails to comply with the notice.
Penalty: Imprisonment for 6 months.
(3) Subsection (2) does not apply if complying with the notice might tend to incriminate the person.
Note: A defendant bears an evidential burden in relation to the matters in subsection (3) (see subsection 13.3(3) of the Criminal Code ).
(4) A person who is required to attend under this section is allowed such expenses as are prescribed by the regulations for the purposes of subsection 120(2).
103L SSAT may require Registrar to obtain information
(1) If the SSAT Executive Director is satisfied that a person:
(a) has information that is relevant to a review; or
(b) has custody or control of a document that is relevant to a review;
the SSAT Executive Director may, for the purpose of the review, ask the Registrar to exercise the Registrar's powers under section 161 of the Assessment Act or section 120 of this Act.
Note: A person who fails to comply with a notice given under section 161 of the Assessment Act or section 120 of this Act commits an offence under that section.
(2) The Registrar must comply with a request under subsection (1):
(a) as soon as practicable; and
(b) in any event--within 7 days after the request is made.
Subdivision E -- Hearing procedure
(1) If the SSAT is constituted by 2 or more members for the purposes of the review of a decision, the SSAT Executive Director must designate one of those members as the member who is to preside at the hearing of the review.
(2) If the SSAT Executive Director is one of those members, he or she may designate himself or herself as the member who is to preside.
(1) The SSAT, in reviewing a decision under this Part:
(a) is not bound by legal technicalities, legal forms or rules of evidence; and
(b) is to act as speedily as a proper consideration of the review allows; and
(c) in determining what a proper consideration of the review requires, must have regard to the objective laid down by section 88.
(2) The SSAT may inform itself on any matter relevant to a review of a decision in any manner it considers appropriate.
Note: The SSAT Executive Director may give directions as to the procedure to be followed in connection with reviews (see section 103ZA).
(1) The hearing of a review must be in private.
(2) The SSAT Executive Director may give directions, in writing or otherwise, as to the persons who may be present at any hearing of a review.
(3) In giving directions under subsection (2), the Executive Director must have regard to:
(a) the wishes of the parties; and
(b) the need to protect their privacy.
103Q Restrictions on disclosure of information obtained at hearing
(1) The SSAT Executive Director may make an order directing a person who is present at the hearing of a review:
(a) not to disclose information obtained by the person in the course of the hearing; or
(b) not to disclose information obtained by the person in the course of the hearing except in the circumstances, or for the purposes, specified in the order.
(2) A person commits an offence if:
(a) the SSAT Executive Director makes an order under subsection (1) in relation to the person; and
(b) the person contravenes the order.
Penalty: Imprisonment for 2 years.
(1) The SSAT may adjourn the hearing of a review from time to time.
(2) Without limiting subsection (1), the SSAT may refuse to adjourn the hearing of a review if:
(a) the hearing has already been adjourned on 2 or more occasions; or
(b) the SSAT is satisfied that to grant an adjournment would be inconsistent with the pursuit of the objective laid down by section 88.
Division 5 -- Decisions on review
Subdivision A -- SSAT review powers
103S SSAT must affirm, vary or set aside decisions
If a person applies to the SSAT for review of a decision under this Part, the SSAT must:
(a) affirm the decision; or
(b) vary the decision; or
(c) set the decision aside and:
(i) substitute a new decision; or
(ii) send the matter back to the Registrar for reconsideration in accordance with any directions or recommendations of the SSAT.
103T Powers of the SSAT for purposes of reviews
(1) Subject to the regulations, the SSAT may, for the purpose of reviewing a decision under this Part, exercise all the powers and discretions that are conferred by this Act and the Assessment Act on the Registrar.
(2) To avoid doubt, any limitation on the exercise of a power or discretion by the Registrar also limits the exercise of that power or discretion by the SSAT under this Part.
(3) The regulations may specify provisions of this Act and the Assessment Act to which subsection (1) does not apply.
103U Decision of questions before SSAT
(1) Subject to subsection (2), a question arising before the SSAT on a review is to be decided according to the opinion of a majority of the members constituting the SSAT for the purposes of the review.
(2) If, on a question arising on a review, the opinions of the members of the SSAT are equally divided, the question is to be decided according to the opinion of the member presiding.
103V Date of effect of SSAT decisions
(1) This section applies if the SSAT:
(a) varies a decision under review; or
(b) sets aside a decision under review and substitutes a new decision.
(2) The decision as varied or the new decision (as the case may be) has effect, or is to be taken to have had effect, on and from:
(a) if the SSAT specifies a day in its decision (whether before or after the day on which the decision is given)--the day specified; or
(b) otherwise--the day on which the decision under review has or had effect.
Note: The SSAT cannot specify a day that the Registrar could not have specified (see subsection 103T(2)).
Subdivision B -- Consent orders
103W Powers of SSAT if parties reach agreement
(1) If, at any stage of a proceeding for a review (including at a pre - hearing conference under section 103):
(a) the parties (other than the Registrar) agree to the terms of a decision of the SSAT:
(i) in the proceeding; or
(ii) in relation to a part of the proceeding, or a matter arising out of the proceeding;
that would be acceptable to the parties; and
(b) the terms of the agreement are:
(i) put in writing; and
(ii) signed by or on behalf of the parties; and
(iii) lodged with the SSAT; and
(c) the SSAT is satisfied that a decision in those terms, or consistent with those terms, would be within the powers of the SSAT;
the SSAT may, if it appears to it to be appropriate to do so, act in accordance with whichever of subsection (2) or (3) is relevant in the particular case.
Note: The SSAT cannot make a decision that the Registrar could not have made (see subsection 103T(2)).
(2) If the agreement reached is an agreement as to the terms of a decision of the SSAT in the proceeding, the SSAT may make a decision in accordance with those terms:
(a) without holding a hearing of the proceeding; or
(b) if a hearing has commenced--without completing the hearing.
(3) If the agreement relates to a part of the proceeding, or a matter arising out of the proceeding, the SSAT may in its decision in the proceeding give effect to the terms of the agreement without dealing at the hearing of the proceeding with the part or matter to which the agreement relates.
(4) The SSAT must not make a decision by consent under subsection (2) or (3) in relation to a departure from administrative assessment of child support in accordance with Part 6A of the Act unless it is satisfied that it is just and equitable and otherwise proper to do so, having regard to the matters set out in subsections 117(4) and (5).
Subdivision C -- Notification and publication of decisions
103X Procedure following SSAT decision
(1) If the SSAT makes a decision on a review, the SSAT must:
(a) within 14 days after making the decision, give a written notice to the parties that:
(i) sets out the decision; and
(ii) sets out the effect of section 110B (appeal made to a court on a question of law); and
(b) return to the Registrar any document that the Registrar has provided to the SSAT in connection with the review; and
(c) give the Registrar a copy of any other document that contains evidence or material on which the findings on any material questions of fact are based.
Note: Within the 14 days referred to in paragraph (1)(a), the SSAT must also give the parties oral or written reasons for the decision (see subsection (3)).
(2) A failure to comply with subparagraph (1)(a)(ii) in relation to a decision of the SSAT does not affect the validity of the decision.
Statements of reasons
(3) The SSAT must, within 14 days after making the decision, either:
(a) do both of the following:
(i) give reasons for the decision orally to the parties;
(ii) explain that the parties may request a written notice under paragraph (b) within 14 days after the notice is given under paragraph (1)(a); or
(b) give to each party a written notice (whether or not as part of the notice under paragraph (1)(a)) that:
(i) sets out the reasons for the decision; and
(ii) sets out the findings on any material questions of fact; and
(iii) refers to evidence or other material on which the findings of fact are based.
(4) If the SSAT does not give a written notice to a party under paragraph (3)(b), the party may, within 14 days after the day on which the notice under paragraph (1)(a) is given to the party, request such a notice from the SSAT.
(5) The SSAT must comply with a request under subsection (4) within 14 days after the day on which it receives the request.
103Y Correction of errors in decisions or statements of reasons
Correction of errors
(1) If:
(a) the SSAT makes a decision on a review; and
(b) the presiding member of the SSAT as constituted for the purposes of the review is satisfied that there is an obvious error in:
(i) the text of the decision; or
(ii) a written statement of reasons for the decision;
the presiding member may alter the text of the decision or statement.
(2) If the text of a decision or statement is altered under subsection (1), the altered text is taken to be the decision of the SSAT or the statement of reasons for the decision, as the case may be.
Examples of obvious errors
(3) Examples of obvious errors in the text of a decision or statement of reasons are if:
(a) there is an obvious clerical or typographical error in the text of the decision or statement; or
(b) there is an inconsistency between the decision and the statement.
(1) Subject to subsection (4), a party to a review must bear any expenses incurred by the party in connection with the review.
(2) The SSAT may determine that the Commonwealth is to pay the reasonable costs that are:
(a) incurred by a party for travel and accommodation in connection with the review; and
(b) specified in the determination.
(3) If the SSAT arranges for the provision of a medical service in relation to a party to a review, the SSAT may determine that the Commonwealth is to pay the costs of the provision of the service.
(4) If the SSAT makes a determination under subsection (2) or (3), the costs to which the determination relates are payable by the Commonwealth.
Division 6 -- Other provisions
103ZA Directions as to procedure for reviews
Directions by SSAT Executive Director
(1) The SSAT Executive Director:
(a) may give general directions as to the procedure to be followed by the SSAT in connection with the review of decisions under this Part; and
(b) may give directions as to the procedure to be followed by the SSAT in connection with a particular review.
(2) A direction under subsection (1) must not be inconsistent with any provision of the Assessment Act or this Act.
(3) A direction under paragraph (1)(b) may be given before or after the hearing of the particular review has commenced.
Directions by presiding member
(4) The presiding member of the SSAT as constituted for the purposes of a particular review may give directions as to the procedure to be followed on the hearing of the review.
(5) A direction under subsection (4) must not be inconsistent with:
(a) any provision of the Assessment Act; or
(b) any provision of this Act; or
(c) a direction under subsection (1).
(6) A direction under subsection (4) may be given before or after the hearing of the particular review has commenced.
Directions must have regard to SSAT objective
(7) Directions under this section must have due regard to the objective laid down by section 88.
Legislative instrument status of instruments
(8) A general direction made under paragraph (1)(a) is a legislative instrument.
(9) A direction made under paragraph (1)(b) or subsection (4) is not a legislative instrument.
70 Part VIII (heading)
Repeal the heading, substitute:
Part VIII -- Court review of certain decisions
71 Before section 104
Insert:
The following is a simplified outline of this Part:
• Jurisdiction under this Act is conferred on certain federal and State courts.
• A person may appeal a decision of the SSAT under Part VIIA to a court on an error of law.
• The SSAT may refer a question of law arising in a proceeding under Part VIIA to a court.
• If a proceeding has been instituted in a court or before the SSAT or the Registrar, the court may make an order staying or otherwise affecting the operation of the Assessment Act or this Act during the proceeding.
Division 2 -- Jurisdiction of courts
The following is a simplified outline of this Division:
• Jurisdiction under this Act is conferred on the Family Court, the Federal Magistrates Court and certain State and Territory courts.
• This Division also provides for appeals to the Family Court from other courts.
72 At the end of Part VIII
Add:
Division 3 -- Appeals and references of questions of law from SSAT to courts
The following is a simplified outline of this Division:
• If a person is dissatisfied with a decision of the SSAT on a question of law in relation to a review under Part VIIA of a decision of the Registrar, the person may appeal the decision to a court.
• The SSAT may refer a question of law arising in a proceeding under Part VIIA to a court.
Subdivision B -- Appeals from decisions of SSAT
110B Appeals from decisions of SSAT
A party to a proceeding before the SSAT under Part VIIA may appeal to a court having jurisdiction under this Act, on a question of law, from any decision of the SSAT in that proceeding.
110C Time limits for instituting appeals
(1) An appeal by a person under this Division must be instituted in a court:
(a) within:
(i) the time prescribed by the applicable Rules of Court; or
(ii) such further time as is allowed under the applicable Rules of Court; and
(b) in such manner as is prescribed by the applicable Rules of Court.
(2) Without limiting the grounds on which further time may be allowed under subparagraph (1)(a)(ii), further time may, in the interests of justice, be allowed on the ground that:
(a) the SSAT made an oral statement as to the reasons for the decision under paragraph 103X(3)(a); and
(b) the SSAT later gave a written statement of reasons for the decision under paragraph 103X(3)(b) or subsection 103X(5); and
(c) the written statement contains reasons that were not mentioned in the oral statement.
The parties to a proceeding under this Subdivision are the people who were the parties to the proceeding before the SSAT when the SSAT made the relevant decision.
The jurisdiction of a court to hear and determine appeals instituted in that court in accordance with this Subdivision may be exercised by the court constituted:
(a) as a Full Court; or
(b) by a single Judge.
(1) The court must hear and determine an appeal under this Subdivision and may make such order as it thinks appropriate by reason of its decision.
(2) Without limiting subsection (1), the orders that may be made by the court on an appeal include:
(a) an order affirming or setting aside the decision of the SSAT; or
(b) an order remitting the case to be heard and decided again, either with or without the hearing of further evidence, by the SSAT in accordance with the directions of the court.
Constitution of SSAT if courts remit cases etc.
(3) If the court makes an order remitting a case to be heard and decided again by the SSAT:
(a) the SSAT need not be constituted for the hearing by the person or persons who made the decision to which the appeal relates; and
(b) whether or not the SSAT is reconstituted for the hearing--the SSAT may, for the purposes of the proceeding, have regard to any record of the proceeding before the SSAT prior to the appeal (including a record of any evidence taken in the proceeding), so long as doing so is not inconsistent with the directions of the court.
110G Courts may make findings of fact
(1) If a party to a proceeding before the SSAT appeals to a court under this Subdivision, the court may make findings of fact if:
(a) the findings of fact are not inconsistent with findings of fact made by the SSAT (other than findings made by the SSAT as the result of an error of law); and
(b) it appears to the court that it is convenient for the court to make the findings of fact, having regard to:
(i) the extent (if any) to which it is necessary for facts to be found; and
(ii) the means by which those facts might be established; and
(iii) the expeditious and efficient resolution of the whole of the matter to which the proceeding before the SSAT relates; and
(iv) the relative expense to the parties of the court, rather than the SSAT, in making the findings of fact; and
(v) the relative delay to the parties of the court, rather than the SSAT, in making the findings of fact; and
(vi) whether any of the parties considers that it is appropriate for the court, rather than the SSAT, to make the findings of fact; and
(vii) such other matters (if any) as the court considers relevant.
(2) For the purposes of making findings of fact under subsection (1), the court may:
(a) have regard to the evidence given in the proceeding before the SSAT; and
(b) receive further evidence.
(3) Subsection (1) does not limit the court's power under paragraph 110F(2)(b) to make an order remitting the case to be heard and decided again by the SSAT.
Subdivision C -- References of questions of law from SSAT
110H Reference of questions of law to courts
(1) The SSAT may:
(a) of its own initiative; or
(b) at the request of a party;
refer a question of law arising in a proceeding before the SSAT under Part VIIA to a court having jurisdiction under this Act for decision.
(2) A question must not be so referred without the agreement of the SSAT Executive Director.
(3) If a question of law arising in any proceeding has been referred to a court under this Subdivision, the SSAT must not, in that proceeding:
(a) give a decision to which the question is relevant while the reference is pending; or
(b) proceed in a manner, or make a decision, that is inconsistent with the opinion of the court on the question.
110J Questions to be determined by Full Courts
The jurisdiction of a court to hear and determine a question of law under this Subdivision must be exercised by the court constituted:
(a) as a Full Court; or
(b) by a single Judge.
Subdivision D -- Other provisions
110K Sending of documents to, and disclosure of documents by, the court
When an appeal is instituted in a court, or a question of law is referred to a court, under this Division:
(a) the SSAT Executive Director must cause to be sent to the court all documents that were before the SSAT in relation to the proceeding to which the appeal or reference relates; and
(b) at the conclusion of the proceeding before the court in relation to the appeal or reference, the court must cause the documents to be returned to the SSAT.
73 After Part VIII
Insert:
Part VIIIA -- Other provisions relating to reviews of decisions
The following is a simplified outline of this Part:
• The reconsideration of a decision by the Registrar, the SSAT or a court does not affect the operation of the decision or prevent the taking of any action to implement the decision.
• Once a decision becomes final, the Registrar must implement the decision.
• A person might commit an offence if the person publishes an account of a proceeding, or a list of proceedings, under Part VIIA or Division 3 of Part VIII that identifies a witness or party.
Division 1 -- Effect of pending reconsiderations on assessments, registrations etc.
(1) This Division applies for the purposes of the Assessment Act and this Act.
(2) This Division is subject to section 111C (stay orders).
110Q Meaning of reconsideration
For the purposes of this Act, each of the following is a reconsideration of a decision:
(a) an objection to the decision under Part VII;
(b) an application to the SSAT for review of that objection under Part VIIA;
(c) an appeal to a court from that review under Division 3 of Part VIII;
(d) an appeal to another court from that appeal under Division 2 of Part VIII and any subsequent appeals under that Division.
Subdivision B -- Effect of pending reconsiderations
110R Pending reconsiderations do not affect operation of decisions
The institution of a reconsideration of a decision does not:
(a) affect the operation of the decision; or
(b) prevent the taking of action to implement the decision.
110S Pending reconsiderations not to affect registrations etc.
(1) The fact that a reconsideration of a decision in relation to a registrable maintenance liability is pending does not, in the meantime, interfere with, or affect:
(a) the registration of the liability; or
(b) the particulars entered in the Child Support Register in relation to the liability.
(2) Amounts payable under such a liability or payable, by way of penalty, in relation to such a liability may be recovered as if no reconsideration were pending.
110T Pending reconsiderations do not affect assessments
(1) The fact that a reconsideration of a decision is pending in relation to a person does not, in the meantime, interfere with, or affect, any administrative assessment made in relation to the person.
(2) Any such assessment may be registered under the Assessment Act, and any amounts of child support and other amounts may be recovered in relation to the assessment, as if no reconsideration were pending.
110U Pending reconsiderations do not affect decisions under section 64A of the Assessment Act
(1) The fact that a reconsideration of a decision of the Registrar under section 64A of the Assessment Act is pending does not, in the meantime, interfere with, or affect, the decision.
(2) Amounts payable in relation to such a decision may be recovered as if no appeal were pending.
Division 2 -- Implementation of decisions
110V Registrar must implement decisions
When the Registrar, the SSAT or a court makes a decision on a reconsideration, the Registrar must immediately take such action as is necessary to give effect to the decision.
Division 3 -- Determining when decisions become final
110W Determining when decisions become final
SSAT
(1) For the purposes of the Assessment Act and this Act, if:
(a) a decision is a decision of the SSAT under Part VIIA of this Act; and
(b) an appeal may be made to a court under Subdivision B of Division 3 of Part VIII of this Act against the decision; and
(c) an appeal is not made within the period for doing so;
the decision becomes final at the end of that period.
Full Court of the Family Court
(2) For the purposes of this Act, if:
(a) a decision is a decision of the Full Court of the Family Court under Part VIII; and
(b) an application may be made for special leave to appeal to the High Court within the period of 30 days after the making of the decision; and
(c) an application is not made within that period;
the decision becomes final at the end of that period.
Other courts
(3) For the purposes of this Act, if:
(a) a decision is a decision of a court (other than the Full Court of the Family Court) under Part VIII; and
(b) an application may be made for leave to appeal under Division 2 of Part VIII against the decision; and
(c) an application is not made within the period for doing so;
the decision becomes final at the end of that period.
Division 4 -- Restrictions on publication of review proceedings
110X Restrictions on publication of review proceedings
Offence of publishing identifying accounts
(1) A person commits an offence if:
(a) the person:
(i) publishes in a newspaper or periodical publication, by radio broadcast or television or by other electronic means; or
(ii) otherwise disseminates to the public or to a section of the public by any means;
any account of any proceedings, or of any part of any proceedings, under Part VIIA or Division 3 of Part VIII; and
(b) the account identifies:
(i) a party to the proceedings; or
(ii) a person who is related to, or associated with, a party to the proceedings or is, or is alleged to be, in any other way concerned in the matter to which the proceedings relate; or
(iii) a witness in the proceedings.
Penalty: Imprisonment for 12 months.
(2) Without limiting the generality of subsection (1), an account of proceedings, or of any part of proceedings, referred to in that subsection is taken to identify a person if:
(a) it contains any particulars of:
(i) the name, title, pseudonym or alias of the person; or
(ii) the address of any premises at which the person resides or works, or the locality in which any such premises are situated; or
(iii) the physical description or the style of dress of the person; or
(iv) any employment or occupation engaged in, profession practised or calling pursued, by the person or any official or honorary position held by the person; or
(v) the relationship of the person to identified relatives of the person or the association of the person with identified friends or identified business, official or professional acquaintances of the person; or
(vi) the recreational interests, or the political, philosophical or religious beliefs or interests, of the person; or
(vii) any real or personal property in which the person has an interest or with which the person is otherwise associated;
and the particulars are sufficient to identify that person to a member of the public, or to a member of the section of the public to which the account is disseminated, as the case requires; or
(b) in the case of a written or televised account or an account by other electronic means--it is accompanied by a picture of the person; or
(c) in the case of a broadcast or televised account or an account by other electronic means--it is spoken in whole or in part by the person and the person's voice is sufficient to identify that person to a member of the public, or to a member of the section of the public to which the account is disseminated, as the case requires.
Offence of publishing identifying lists
(3) A person commits an offence if:
(a) the person:
(i) publishes in a newspaper or periodical publication, by radio broadcast or television or by other electronic means; or
(ii) otherwise disseminates to the public or to a section of the public by any means (otherwise than by the display of a notice in the premises of the SSAT);
a list of proceedings under Part VIIA or Division 3 of Part VIII; and
(b) the proceedings are identified by reference to the names of the parties to the proceedings.
Penalty: Imprisonment for 12 months.
Defence
(4) Subsections (1) and (3) do not apply to, or in relation to:
(a) the communication, to persons concerned in proceedings in any court, of any pleading, transcript of evidence or other document for use in connection with those proceedings; or
(b) the communication of any pleading, transcript of evidence or other document to:
(i) a body that is responsible for disciplining members of the legal profession in a State or Territory; or
(ii) persons concerned in disciplinary proceedings, against a member of the legal profession of a State or Territory, before a body that is responsible for disciplining members of the legal profession in that State or Territory; or
(c) the communication, to a body that grants assistance by way of legal aid, of any pleading, transcript of evidence or other document for the purpose of facilitating the making of a decision as to whether assistance by way of legal aid should be granted, continued or provided in a particular case; or
(d) the publishing of a notice or report in accordance with the direction of a court; or
(e) the publication by the SSAT of lists of proceedings under Part VIIA, or Division 3 of Part VIII, identified by reference to the names of the parties, that are to be dealt with by the SSAT; or
(f) the publishing of any publication intended primarily for use by the members of any profession, being:
(i) a separate volume or part of a series of law reports; or
(ii) any other publication of a technical character; or
(g) the publication or other dissemination of an account of proceedings or of any part of proceedings:
(i) to a person who is a member of a profession, in connection with the practice by that person of that profession or in the course of any form of professional training in which that person is involved; or
(ii) to an individual who is a party to any proceedings under this Act, in connection with the conduct of those proceedings; or
(iii) to a person who is a student, in connection with the studies of that person; or
(h) the publication of accounts of proceedings, where those accounts have been approved by the court.
Note: A defendant bears an evidential burden in relation to the matters in subsection (4) (see subsection 13.3(3) of the Criminal Code ).
Criminal procedure
(5) An offence against subsection (1) or (3) is an indictable offence.
(6) Proceedings for an offence against subsection (1) or (3) must not be commenced except by, or with the written consent of, the Director of Public Prosecutions.
(7) In this section:
"court" includes:
(a) an officer of a court investigating or dealing with a matter in accordance with:
(i) the Assessment Act; or
(ii) this Act; or
(iii) regulations made under the Assessment Act or this Act; or
(iv) any Rules of Court; and
(b) a tribunal established by or under a law of the Commonwealth or of a State or a Territory.
"electronic means" includes:
(a) in the form of data, text or images by means of guided or unguided electromagnetic energy; or
(b) in the form of speech by means of guided or unguided electromagnetic energy, if the speech is processed at its destination by an automated voice recognition system.
74 Subsection 116(1)
Repeal the subsection, substitute:
(1) The mere production of a document signed by the Registrar purporting to be a copy of the entry in the Child Support Register in relation to a registrable maintenance liability is prima facie evidence:
(a) that the liability is a registrable maintenance liability; and
(b) that the liability is duly registered under this Act; and
(c) that the particulars of the entry in the Child Support Register in relation to the liability are those set out in the document; and
(d) that all of those particulars are correct.
(1A) Paragraphs (1)(a), (b) and (d) do not apply in relation to proceedings under Part VII or VIIA, or under Subdivision B of Division 3 of Part VIII, on an objection to a decision:
(a) to register a registrable maintenance liability; or
(b) as to particulars entered in the Child Support Register in relation to a registrable maintenance liability.
(1B) Paragraph (1)(c) does not apply in relation to proceedings under Part VII or VIIA, or under Subdivision B of Division 3 of Part VIII, on an objection to a decision as to particulars varied in the Child Support Register in relation to a registrable maintenance liability.
75 At the end of subsection 69B(2)
Add "or the Child Support (Registration and Collection) Act 1988 ".
Social Security (Administration) Act 1999
76 Clause 20 of Schedule 3
Omit "or the Employment Services Act 1994 ", substitute ", the Employment Services Act 1994 , the Child Support (Assessment) Act 1989 or the Child Support (Registration and Collection) Act 1988 ".
Part 2 -- Application provisions
77 Application--review of decisions
Decisions of the Registrar--internal review pending or not yet started at commencement
(1) Subject to subitem (3), Part VII (internal review) of the Registration and Collection Act (as amended by this Schedule) applies in relation to a decision made by the Registrar under that Act or the Assessment Act before or after the commencement of this item.
Note: Part VII of the Registration and Collection Act (as amended by this Schedule) also applies if a proceeding for internal review was pending under that Part or Part 6B of the Assessment Act immediately before the commencement of this item (see subitem (4)).
(2) Part VIIA (SSAT review) of the Registration and Collection Act (as inserted by this Schedule) applies in relation to a decision made by the Registrar under subsection 83(1) or 87(1) of the Registration and Collection Act after the commencement of this item.
Decisions of the Registrar--internal review completed before commencement
(3) If, before the commencement of this item:
(a) a person objected under:
(i) Part 6B of the Assessment Act; or
(ii) Part VII of the Registration and Collection Act;
to a decision (however described) of the Registrar (the original decision ); and
(b) the Registrar made a decision (the objection decision ) on the objection under:
(i) subsection 98ZC(1) of the Assessment Act; or
(ii) subsection 87(1) or 98(1) of the Registration and Collection Act;
those Acts, as in force immediately before that commencement, continue to apply in relation to the original decision and the objection decision.
Pending proceedings--internal reviews
(4) A proceeding before the Registrar that, immediately before the commencement of this item, was pending under:
(a) Part 6B of the Assessment Act; or
(b) Part VII of the Registration and Collection Act;
is taken, at that commencement, to be pending under Part VII of the Registration and Collection Act as amended by this Schedule.
(5) The Assessment Act and the Registration and Collection Act, as in force immediately before the commencement of this item, continue to apply in relation to a decision made by the Registrar before that commencement under:
(a) subsection 98ZE(1) of the Assessment Act; or
(b) subsection 91(1) or 101(1) of the Registration and Collection Act.
Pending proceedings--court and AAT reviews
(6) The amendments of the Assessment Act and the Registration and Collection Act made by this Schedule do not affect:
(a) any proceeding pending before a court under:
(i) Part 7 of the Assessment Act; or
(ii) section 88 of the Registration and Collection Act;
immediately before the commencement of this item; or
(b) any proceeding pending before the Administrative Appeals Tribunal under:
(i) subsection 98ZE(7) or 98ZF(1) of the Assessment Act; or
(ii) subsection 91(5), 99(1) or 101(5) of the Registration and Collection Act;
immediately before the commencement of this item; or
(c) any order or declaration:
(i) made by a court or the Administrative Appeals Tribunal under those Acts; and
(ii) in force immediately before the commencement of this item; or
(d) any appeal to a court in relation to a proceeding referred to in paragraph (a) or (b).
(7) The amendments of the Assessment Act made by items 5, 9 and 10 of this Schedule do not apply in relation to a proceeding under Division 3 of Part 7 of that Act as in force immediately before the commencement of this item.
78 Application and saving--notices
(1) The amendments of the Assessment Act made by items 3, 4, 6, 7, 8, 11, 12, 13, 14 and 37 of this Schedule apply in relation to notices given under that Act after the commencement of this item.
(2) The amendments of the Registration and Collection Act made by items 59, 60, 64 and 65 of this Schedule apply in relation to decisions of the Registrar made under that Act after the commencement of this item.
(3) The amendments of the Assessment Act and the Registration and Collection Act made by this Schedule do not affect the validity of a notice given by the Registrar under any provision of those Acts before the commencement of this item.
79 Application--section 110X of the Registration and Collection Act
Section 110X of the Registration and Collection Act (as inserted by this Schedule) applies in relation to proceedings commenced under Part VIIA, or Division 3 of Part VIII, of that Act after the commencement of this item.
80 Application of amendments in relation to Western Australian exnuptial children
If, immediately after the commencement of this item, the Assessment Act and the Registration and Collection Act do not extend to Western Australia in relation to the maintenance of exnuptial children because:
(a) the Parliament of Western Australia has not referred to the Parliament of the Commonwealth the matter of the maintenance of exnuptial children or matters that include that matter; and
(b) Western Australia has not adopted those Acts as amended by this Act;
items 77 to 79 of this Schedule apply in Western Australia, after Western Australia adopts those Acts as amended by this Act, in relation to the maintenance of exnuptial children as if references in those items to the commencement of those items were references to the adoption of those Acts by Western Australia as amended by this Act.