Child Support Legislation Amendment (Reform of the Child Support Scheme—New Formula and Other Measures) Act 2006
33Notice to be given to unsuccessful applicant
Start here
Get a plain-English read of 33
Turn the raw legal text into a practical explanation grounded in Child Support Legislation Amendment (Reform of the Child Support Scheme—New Formula and Other Measures) Act 2006.
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.