What's new?

6.1.3

Authorisation to make decision on another's behalf

The child support authorisation instrument has been updated to reflect changes to authorisations on releasing protected information to a person concerning a credible threat.

4.2.5

The SSAT review process

Example added to clarify what is ‘a question of law.’ Link added to external website for published SSAT decisions.

5.2.4

Employer obligations for collection from salary or wages

Updated to reflect legislative amendments regarding offences.

6.8.1

Employer offences

Updated to reflect legislative amendments regarding offences.

6.8.5

Offences in relation to Departure Prohibition Orders

Updated to reflect legislative amendments regarding offences.

6.11.1

Compensation

Updated example to clarify breach of duty.

4.3.6

Applications, appeals and court orders under the Registration and Collection Act

Updated to clarify the duration of a stay order.

5.1.5

Payment periods and payment of child support debts

Examples updated to clarify due dates for payment and link inserted to Chapter 5.1.6

5.2.8

Tax Refund Intercepts

Updated to clarify the refunded amounts that can be applied to debts.

5.4.5

Bankruptcy

Updated the amount required for a creditors petition.

6.7.3

Proof of service

Content added on service by electronic communication.

2.2.1

Basics of care

Updated to clarify the meaning of 'ongoing daily care.'

2.3.2

When do child support periods start?

Updated examples.

2.4.4

Child support income

Updated with further information on determining a parent's overseas income, reportable superannuation contributions, and net investment losses.

2.5.5

Application to have an assessment continue past a child's 18th birthday

Information added on adult child maintenance orders.

2.6.3

A decision to refuse to change the assessment

Updated to clarify process where applicant seeks to change the assessment for a period that is wholly more than eighteen months in the past.

2.6.4

Kinds of change of assessment decision

Updated to clarify what happens if there is a terminating event after a change of assessment decision is made. Other parts of the chapter made clearer.

2.6.5

Change of assessment process (application from payer and payee)

Updated to clarify the change of assessment process.

2.6.6

CSA–initiated change of assessment

Updated to clarify the change of assessment process.

2.6.7

Reason 1 – high costs in enabling a parent to spend time with, or communicate with, a child

Updated to make the calculation of high costs clearer.

2.6.12

Reason 6 – high costs of child care

Content added on private child care providers.

2.6.14

Reason 8 – a parent's income, property, financial resources or earning capacity

Updated to clarify treatment of undistributed profits, defence force reserves tax free allowances, reportable superannuation contributions and effect of government initiatives when assessing earning capacity.

2.6.17

Would a change be just and equitable

Example updated on consideration of post separation income. Other parts of the chapter made clearer.

4.3.2

Applications and orders about decisions under the Assessment Act

Updated to clarify timeframes for seeking 106A declarations, effect of a 106A declaration, parentage declarations and application for leave by CSA under section 111. Other parts of the chapter made clearer.

5.2.4

Employer obligations for collection from salary or wages

Updated with 2012 protected earnings amount.

6.6.2

Gaining access to documents

Updated to specify that FOI information is available on Department of Human Services website and that a parent can informally request a record of their telephone conversation with CSA.

2.1.3

Parentage

Updated to clarify the meaning of cohabitation and adoption.

2.6.16

Reason 10 – responsibility of the parent to maintain a resident child

Updated to clarify consideration of Family Tax Benefit payments. Other parts of the chapter made clearer.

4.1.2

Decisions made under the Assessment Act to which a parent may object

Updated with a link to Chapter 5.5.4

6.2.3

Information gathering powers under the Assessment Act

Updated with a link to Chapter 6.3.4

6.2.4

Information gathering powers under the Registration and Collection Act

Updated with a link to Chapter 6.3.4

6.7.1

Methods of service

Content added on service by electronic communication

2.4.2

Formula tables and values

Updated with 2012 basic values including 2012 costs of children table and 2011 AWE amount.

2.4.11

Fixed annual rate of child support for certain low income parents

Updated with 2012 fixed annual rate.

2.4.12

The minimum annual rate of child support

Updated with 2012 minimum annual rate.

2.2.1

Basics of care

Updated to reflect that from 1 July 2010 care periods start from the date of event.

2.2.9

Alignment of care between CSA and the Family Assistance Office (from 1 July 2010)

Added the process to follow where care changed before 1 July 2010 and CSA was notified of the care change after 1 July 2010 where notification occurred more than 28 days after event.

2.6.9

Reason 3 – high costs of caring for, educating or training the child in the manner expected by the parents

Updated to clarify:

• when costs are significant;
• the taking into account of any Education Tax Refunds; and
• the extension of a parent's expectation for the child to attend a similar type of secondary school as the primary school.

5.1.3

Date a liability first becomes enforceable

Updated to reflect correct legislative references to section 28.

5.3.2

Offsetting debts between payers and payees

Content added to clarify:

• CSA can pursue collection when a debt offset is in place;
• debt offsets cannot be reversed; and
• the outcome where a debt offset is in place and the liability is later varied causing a payee overpayment.

6.1.2 and 6.1.3

Delegation of powers and authorisation to make decision on another's behalf

The child support delegation and authorisation instruments have been updated to reflect leadership changes from 31 October 2011.

6.6.2

Gaining access to documents

Updated to reflect changes to the freedom of information legislation.