103VAAppeal to AAT on decisions relating to percentages of care

103VA Appeal to AAT on decisions relating to percentages of care

(1) A party to a review aggrieved by a decision of the SSAT under this Part relating to a party’s percentage of care for a child may apply to the AAT for review of the decision. (2) In subsection (1):

decision has the same meaning as in the Administrative Appeals Tribunal Act 1975.

109 At the end of paragraph 103X(1)(a)

Add:

(iii) if the decision relates to a party’s percentage of care for a child—that a party may, subject to the Administrative Appeals Tribunal Act 1975, apply to the AAT for review of the decision, and request a statement under section 28 of that Act (except where subsection 28(4) of that Act applies); and

110 Subsection 103X(2)

After “(1)(a)(ii)”, insert “or (iii)”.

Family Law Act 1975

111 Subsection 63G(5)

Omit “seeking payment of child support by the other party to the plan”.

112 Subsection 66E(1)

Repeal the subsection, substitute:

(1) A court having jurisdiction under this Part must not, at any time, make, revive or vary a child maintenance order in relation to a child on the application of a person (the applicant) against, or in favour of, a person (the respondent) if an application could properly be made, at that time, by the applicant under the Child Support (Assessment) Act 1989 for the respondent to be assessed in respect of the costs of the child, or vice versa.

113 Subsection 66SA(1)

Omit “for administrative assessment of child support (within the meaning of that Act) for the child seeking payment of child support by the other person”, substitute “for the other person to be assessed in respect of the costs of the child”.

114 Paragraph 86(3B)(c)

Omit “for administrative assessment of child support (within the meaning of that Act) for the child, seeking payment of the child support by the other party to the agreement”, substitute “for the other party to the agreement to be assessed in respect of the costs of the child”.

114A Paragraph 87(4D)(c)

Omit “for administrative assessment of child support (within the meaning of that Act) for the child seeking payment of the child support by the other party to the agreement”, substitute “for the other party to the agreement to be assessed in respect of the costs of the child”.

Part 2—Application and saving provisions

115 Application

(1) The amendments made by Schedule 1 to this Act, and this Schedule (other than items 1 and 2 and 92 to 96 of this Schedule), apply in relation to a day in a child support period, being a day that is, or is after, the day on which this item commences.

(2) The amounts referred to in subsections 65A(2) and 66(5) of the Assessment Act (as inserted by Schedule 1 to this Act) are to be indexed in accordance with section 153A of that Act on and after 1 January 2007 as if item 1 of Schedule 1 had commenced on that day.

116 Application

The amendments made by items 1 and 2 of this Schedule apply in relation to the 2008‑09 income year and later income years.

116A Application

The amendments made by items 92 to 96 of this Schedule apply in relation to a day in a child support period, being a day that is, or is after, 1 January 2008.

117 Saving assessments etc.

(1) The amendments made by Schedule 1 do not affect the continuity of:

(a) any administrative assessment, in force immediately before this item commences, of the annual rate of child support that is payable by a parent; or
(b) any reduction, that is in force immediately before this item commences, of an annual rate of child support payable to nil under section 66A of the Assessment Act; or
(c) any liability that arose under section 77 of the Assessment Act before this item commences.

(2) For the purposes of the Assessment Act, if an election made by a person under section 60 of that Act is in force immediately before this item commences:

(a) the election continues in force for the remaining days in the child support period, despite the amendments made by Schedule 1; and
(b) the person is taken to have made the election for the purposes of assessing the person in respect of the costs of the child; and
(c) the amount specified in the relevant notice as the amount the person elects to be his or her child support income amount is taken to be specified in the notice as his or her adjusted taxable income; and
(d) the amounts specified as amounts estimated under steps 2 and 3 of the method statement in subsection 60(5) of that Act, as in force immediately before this item commences, are taken to be specified in the notice as the amount estimated under step 2 of the method statement in subsection 60(5) of that Act, as in force immediately after this item commences.

(3) For the purposes of the Assessment Act, if the Registrar has acted on the basis of a determination under section 58 of that Act that is in force immediately before this item commences:

(a) the determination continues in force despite the amendments made by Schedule 1; and
(b) a determination of a person’s supplementary amount for a year of income is taken to be a determination of the components of the person’s adjusted taxable income referred to in paragraphs 43(1)(b) to (e) of the Assessment Act (as inserted by Schedule 1) for the year of income; and
(c) a determination of a person’s taxable income, and the person’s supplementary amount, for a year of income is taken to be a determination of the person’s adjusted taxable income for the year of income.

118 Requirement to publish annualised MTAWE figure

(1) Before 1 July 2008, the Registrar must publish in the Gazette the annual rate of child support specified in subsection 65A(2) of the Assessment Act (as inserted by Schedule 1 to this Act) for all child support periods that start in that calendar year or the previous calendar year.

(2) Before 1 July 2008, the Secretary must publish in the Gazette for all child support periods that start in that calendar year or the previous calendar year:

(a) the annualised MTAWE figure for the relevant September quarter; and
(b) the Costs of the Children Table, incorporating:
(i) the annualised MTAWE figure for the relevant September quarter; and
(ii) any other amounts in items in the table that can be worked out using the annualised MTAWE figure.

(3) The instruments published under subitems (1) and (2) are not legislative instruments.

Schedule 3—SSAT review of child support decisions (commencing on 1 January 2007)

Part 1—Amendments

Child 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: