Child Support (Assessment) Act 1989
Sections and provisions with full text and the judgments that cite each one.
Section 73 — Assumptions as to future events
In assessing the annual rate at which child support is payable for a day in the future, the Registrar may act on the assumption that the state of affairs known to the Registrar at the time the…
Section 73A — Registrar becoming aware of relevant dependent child
(1) If: (a) an administrative assessment of child support is in force in relation to a parent; and (b) the Registrar is later notified, or otherwise becomes aware, of the fact that the parent has a…
Section 74 — Registrar to give effect to happening of child support terminating events etc.
(1) If: (a) child support is payable for a child; and (b) the Registrar is notified of, or otherwise becomes aware of: (i) the happening of a child support terminating event in relation to the child,…
Section 74A — Date of effect of change in care
If: (a) child support is payable for a child; and (b) a determination of a responsible person’s percentage of care for the child is revoked; and (ba) another such determination (the later…
Section 75 — Amendment of assessments
(1) The Registrar may, at any time, amend any administrative assessment by making such alterations and additions as the Registrar considers necessary to give effect to this Act or the Registration…
Section 76 — Notice of assessment to be given
(1) When the Registrar makes an administrative assessment, the Registrar must immediately give written notice of the assessment to the liable parent and the carer entitled to child support. (2) The…
Section 76A — Simplified outline
The following is a simplified outline of this Division: • The amount of child support payable for a child or children for a day in a child support period is the daily rate specified in the notice of…
Section 77 — Effect of assessment
(1) This section applies if the Registrar: (a) assesses the annual rate of child support payable for a child or children in a child support case, for a day in a child support period, by a liable…
Section 78 — When amounts of child support due and payable
(1) An amount of child support payable by a liable parent in relation to a day in any calendar month is due and payable on the later of the following days: (a) the seventh day of the following…
Section 79 — Recovery of amounts of child support
An amount of child support due and payable by a liable parent to a carer entitled to child support is a debt due and payable by the liable parent to the carer, and may be sued for and recovered in:…
Section 80A — Simplified outline
The following is a simplified outline of this Part: • Parents (and non-parent carers) of a child can, using a child support agreement, agree between themselves the child support that is to be payable…
Section 80CA — No variation of binding child support agreements
(1) A binding child support agreement must not be varied. Note: A binding child support agreement can be terminated and replaced with a new binding child support agreement. (2) However, subsection…
Section 80B — Cases in relation to which Part applies
This Part applies where the parents of an eligible child, or a parent or the parents of an eligible child and a non-parent carer of the child, want to give effect to an agreement between themselves…
Section 80C — Making binding child support agreements
(1) An agreement is a binding child support agreement if: (a) the agreement is binding on the parties to the agreement in accordance with subsection (2); and (b) the agreement complies with…
Section 80D — Terminating binding child support agreements
(1) A binding child support agreement (the previous agreement) may be terminated only by: (a) a provision being included in a new binding child support agreement made by the parties to the previous…
Section 80E — Making limited child support agreements
(1) An agreement is a limited child support agreement if: (a) it is in writing; and (b) it is signed by the parties to the agreement; and (c) it complies with subsection 81(2); and (d) either: (i) it…
Section 80F — No variation of limited child support agreements
(1) A limited child support agreement must not be varied. Note: A limited child support agreement can be terminated and replaced with a new limited child support agreement. (2) However, subsection…
Section 80G — Terminating limited child support agreements
(1) A limited child support agreement (the previous agreement) may be terminated only by: (a) a provision being included in: (i) a new limited child support agreement made by the parties to the…
Section 81 — Child support agreement definition and general requirement
(1) An agreement is a child support agreement if: (a) the agreement is a binding child support agreement; or (b) the agreement is a limited child support agreement. Note: For the definitions of…
Section 82 — Children in relation to whom agreements may be made
(1) An agreement is a child support agreement only if it is made in relation to a child in relation to whom an application for administrative assessment is, under section 24, entitled to be made on…
Section 83 — Persons who may be parties to agreements
(1) An agreement is a child support agreement only if it is made between: (a) 2 parents of a child who, under section 25, would be able to properly make an application for administrative assessment…
Section 84 — Provisions that may be included in agreements
Provisions that may be included (1) An agreement is a child support agreement only if it includes one or more of the following kinds of provisions: (a) provisions under which a party is to pay child…
Section 85 — Child support agreement must not provide for person who is not eligible carer to be paid child support
(1) An agreement is not a child support agreement in relation to a child if (disregarding section 67A) the agreement provides that a party to the agreement is to pay or provide child support for the…
Section 86 — Suspension of child support agreements when person is not eligible carer
(1) A child support agreement is suspended in relation to a child by force of this section on a day if: (a) a party (the former carer) to the agreement who is entitled to be paid or provided child…
Section 86A — Apportioning amounts payable under child support agreements
(1) This section applies if: (a) an agreement is made in the same document in relation to 2 or more children; and (b) the agreement does not explicitly provide, and it is not possible to work out,…
Section 87 — Agreement may be made in relation to 2 or more children etc.
(1) If an agreement is made in the same document in relation to 2 or more children, the document may be treated as if it contained separate agreements for each of the children. (2) If: (a) agreement…
Section 88 — Application requirements generally
An application for acceptance by the Registrar of an agreement made in relation to a child is properly made if: (a) either: (i) the agreement is a child support agreement; or (ii) the agreement is a…
Section 89 — Formal requirement for applications
An application for acceptance by the Registrar of an agreement made in relation to a child must be made in the manner specified by the Registrar. Note: Section 150A provides for the Registrar to…
Section 90 — Application for 2 or more separate agreements may be made in same form
If application is made in the same form for acceptance of 2 or more agreements made in relation to a child or 2 or more children (whether or not the agreements have been made in the same document),…
Section 91 — How decision is to be made
In determining whether an agreement made in relation to a child is an agreement referred to in paragraph 88(a), the Registrar may act on the basis of the application made to the Registrar for…
Section 92 — Decision on application
(1) Subject to this section, if the Registrar is satisfied that an application made to the Registrar for acceptance of an agreement made in relation to a child has been properly made, the Registrar…
Section 93 — Liability to pay child support arises on acceptance of application where child support not already payable etc.
(1) If: (a) the Registrar accepts a child support agreement made in relation to a child; and (b) either: (i) child support is not already payable for the child; or (ii) child support is already…
Section 94 — Registrar to take action to give effect to accepted child support agreement or termination agreement etc.
(1) After the Registrar accepts a child support agreement made in relation to a child, the Registrar must immediately take such further action (if any) as is necessary to give effect to the…
Section 95 — Effect of certain provisions of accepted child support agreements
(1) This section applies in relation to a child support agreement that has been accepted by the Registrar. (2) If the agreement includes: (a) provisions under which a party is to pay child support…
Section 96 — Notice of decision to be given
(1) If the Registrar accepts or refuses to accept an agreement made in relation to a child, the Registrar must immediately notify each party to the agreement of the decision. (2) The notice must…
Section 98A — Simplified outline
The following is a simplified outline of this Part: • The Registrar can make a determination under this Part to depart from the provisions of this Act relating to administrative assessment of child…
Section 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…
Section 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…
Section 98SA — Variation not to be below minimum annual rate of child support
The Registrar must not make a determination under this Part that varies, or that has the effect of varying, the annual rate of child support payable, for a day in a child support period, by a liable…
Section 98B — Application for determination under Part
(1) If, at any time when an administrative assessment is in force in relation to a child: (a) the liable parent concerned; or (b) the carer entitled to child support concerned; is of the view that,…
Section 98C — Matters as to which Registrar must be satisfied before making determination
(1) Subject to this Part, if: (a) an application is made to the Registrar under section 98B; and (b) the Registrar is satisfied: (i) that one, or more than one, of the grounds for departure referred…
Section 98D — Formal requirements for application
An application made under section 98B must be in the manner specified by the Registrar. Note: Section 150A provides for the Registrar to specify the manner in which an application must be made.
Section 98E — Registrar may refuse to make determination because issues too complex
If the Registrar is satisfied, after considering the application, that the issues raised by the application are too complex to be dealt with under this Part, the Registrar may refuse to make the…
Section 98F — Application disclosing no grounds etc. for making determination—how dealt with
If the Registrar is satisfied, after considering the application, that: (a) there are no grounds for departing from the provisions of this Act relating to administrative assessment of child support…
Section 98G — Other party to be notified
(1) If section 98E or 98F or subsection 98J(2) does not apply, the Registrar must cause a copy of: (a) the application; and (b) any document accompanying it; to be served on the other party to the…
Section 98H — Procedure for dealing with application
(1) In making a decision under this Division in relation to an application, the Registrar: (a) may act on the basis of: (i) the application and the documents accompanying it; and (ii) if action has…
Section 98J — Subsequent applications
(1) A person who has made an application for a determination under this Part in respect of an administrative assessment of child support is not, for that reason, precluded from subsequently making…
Section 98K — Registrar may initiate a determination under this Part
(1) If, at any time when an administrative assessment is in force in relation to a child, the Registrar is of the view that, because of special circumstances that exist, the provisions of this Act…
Section 98L — Matters as to which Registrar must be satisfied before making determination
(1) Subject to this Part, the Registrar may make the determination if: (a) the Registrar is satisfied that, in the special circumstances of the case, application in relation to a child of the…
Section 98M — Parties to be notified
(1) The Registrar must, in writing, notify the parties to the proceedings that the Registrar is considering the making of a determination under section 98S in relation to the child concerned. (2) The…