Child Support (Registration and Collection) Regulations 2018

The instrument creates or defines several concepts that are essential to understanding how child support collection works in practice. The protected earnings rate is the prescribed weekly rate fixed at 75% of the maximum fortnightly basic rate of jobseeker payment for a partnered person aged 21 without dependent children (section 9). This rate is the floor below which deductions from salary or wages cannot push a payer’s earnings; it functions as a minimum income guarantee during collection.

The minimum annual rate of child support is defined by reference to subsection 66(5) of the Assessment Act as if that amount applied to a calendar year in which a periodic deduction is made. This figure is not directly prescribed but is taken from the Assessment Act; the regulations then use it to calculate two derivative concepts: the minimum social security rate and the minimum veterans rate. For social security, the minimum rate for an instalment period is worked out by dividing the minimum annual rate by 365.25, rounding to five decimal places, multiplying by the number of days in the instalment period, and rounding to the nearest cent (section 20, method statement). The same method applies for veterans with a pension period instead of an instalment period (section 21). These minimum rates cap the periodic deduction that can be taken from a person’s social security pension, benefit or veterans’ pension or allowance: the deduction is the lesser of three times the minimum rate or the amount of the liability payable for the period.

The required periodic deduction for a payer of an enforceable maintenance liability who receives a social security pension or benefit is the lesser of three times the minimum social security rate or the amount of liability payable for that instalment period (subsection 20(1)). For an unpaid child support debt, the deduction is reduced by any amount already being deducted under the first limb (subsection 20(2)). The same structure applies for veterans (section 21).

Reciprocating jurisdiction is defined in the Act but the regulations prescribe which countries or parts of countries are included (Schedule 2). The regulations also define excepted reciprocating jurisdiction for child support assessments, which means that the normal reciprocal enforcement does not apply for those jurisdictions (section 16). This is a subtle but important carve-out: a person owing child support who moves to an excepted jurisdiction cannot have their liability enforced under the reciprocal arrangement; different legal mechanisms would be needed.

The Australia-New Zealand Agreement is set out in Schedule 1. It is an international treaty governing cross-border child and spousal maintenance between Australia and New Zealand. The regulations engage with it in several places: penalties under Article 15 are prescribed as registrable overseas maintenance liabilities (section 11), and conversion of Australian currency to New Zealand currency for transmitted decisions follows the rules in section 38.

Instalment period for social security is determined under section 43(1)(b) of the Social Security (Administration) Act 1999, and pension period has the meaning in section 5Q of the Veterans’ Entitlements Act 1986. These periods are the units over which periodic deductions are calculated.

The address for service concept is broad: it includes both physical and electronic addresses (section 8). The regulations provide that the last address notified to the Registrar (or, if none notified, the last address in the Registrar’s records) is the person’s address for service (section 34). A person who changes address and fails to notify the Registrar cannot rely on the change as a defence in proceedings under the Act or the regulations (section 35). This is a strict rule that imposes an ongoing obligation on payers and payees.

The regulations directly affect a broad range of individuals and entities involved in the child support system. Payers of child support are the most obvious group: every parent who has an enforceable maintenance liability under the Act is subject to the deduction rules, the protected earnings rate, the minimum rate caps, and the obligations to notify changes of address. Payers who receive social security pensions or benefits are affected by sections 20 and 21, which prescribe the maximum amount that can be deducted from those payments. Payers who are veterans with a pension or allowance under the Veterans’ Entitlements Act are similarly affected by the dedicated periodic deduction rules in section 21. Payers who attempt to leave Australia are affected by the departure prohibition order provisions: the regulations prescribe the Comptroller-General of Customs, the Commissioner of Police of the Australian Federal Police, and the Secretary of the Foreign Affairs Department as persons who must be notified of such orders (section 22). This means those agencies have a role in preventing a payer from departing while a debt is outstanding.

Payees (usually the parent entitled to receive child support) are affected in several ways. They may need to use the prescribed form under section 13 if they want a liability arising under a section 66Q or 77 Family Law Act order or section 139 Assessment Act order to be enforced under the Act. They are also affected by the prescribed amounts below which they are not entitled to be paid: $5 for Australian payments and $5 for certain overseas central-authority payments, or $50 in any other case (section 23). If no further amounts are expected, that threshold does not apply.

Employers are affected indirectly because the regulations underpin the employer withholding system. Although the regulations do not directly prescribe employer obligations (those are in the Act), the deduction rates and protected earnings rate feed into the amounts employers must deduct from wages. The regulations also prescribe the amount of $50 as the prescribed amount for remittances from employers under subsection 78(3) of the Act (section 24).

Overseas authorities and residents of reciprocating jurisdictions are affected by the provisions for international enforcement. The regulations set out how applications for variation of registered maintenance liabilities are transmitted to overseas authorities (section 12), how the Registrar may serve documents on behalf of an overseas authority (section 32), and how notices may be given to payers or payees who are residents of reciprocating jurisdictions via the overseas authority (section 33). Persons in Australia who are being asked to pay child support by or on behalf of a resident of a reciprocating jurisdiction may apply to the Registrar for assistance in communicating with the overseas authority (section 36). The conversion of foreign currency amounts to Australian dollars, and Australian dollars to New Zealand dollars, directly affects the amount payable in cross-border cases.

The Administrative Review Tribunal (ART) is affected because the regulations prescribe the provisions of the Act and the Assessment Act that the ART must not exercise during a review (Schedule 3). That list limits the Tribunal’s powers: for example, it cannot make determinations under sections 72AA(1), (2) or paragraph 72AA(2)(e) in the case described by subsection 72AA(2A) (item 16 of Part 1 of Schedule 3), which relates to reducing social security pensions to nil. This restricts the ART from substituting its own decision on certain high-level enforcement measures.

Banks, financial institutions and payment agencies are affected by the provision prescribing places and manners for paying debts due to the Commonwealth (section 26). Debts can be paid at the Human Services Department, a payment agency, or a financial institution that maintains an account for that purpose, and the prescribed methods include bank transfer, Visa or MasterCard credit card, BPAY, Post Billpay, Debit MasterCard or Visa Debit. This affects how payers can satisfy outstanding child support debts.

The regulations impose specific duties on the Registrar and confer corresponding rights on individuals. The Registrar has a duty, upon application, to take any action required under an international maintenance arrangement to seek variation of a registered overseas maintenance liability, but only if satisfied that the claim is in accordance with the arrangement (section 12). This duty facilitates cross-border variation claims. The Registrar also has a duty to serve documents on behalf of an overseas authority if it is necessary or convenient for the purposes of an international maintenance arrangement (section 32). Similarly, the Registrar may give notices to an overseas authority if the payer or payee is a resident of a reciprocating jurisdiction (section 33). The Registrar’s power to issue evidentiary certificates (section 28) creates a right for the Commonwealth to use that certificate as prima facie evidence in recovery actions.

Individuals have the right to apply to the Registrar for assistance in communicating with an overseas authority in relation to child support matters, whether they are the person from whom payment is sought or the person seeking payment (section 36). This right is important for individuals dealing with cross-border child support issues.

Payers have a right to have their payment record considered under the satisfactory payment record test. A payer is taken to have a satisfactory payment record if the enforceable maintenance liability has been enforceable for at least six months, all liabilities arising during that period were paid when due (or late with satisfactory explanation), and no arrears are outstanding (section 18). This test is relevant for certain decisions under the Act, such as whether a departure prohibition order should be revoked or not made.

Payers also have the right to be subject only to prescribed periodic deductions capped by the minimum social security rate or minimum veterans rate. The deduction cannot exceed the lesser of three times the minimum rate or the amount of the liability payable for the period (sections 20 and 21). This provides a financial buffer that prevents deductions from completely eliminating a payer’s pension or benefit.

A payer who is in receipt of a social security pension or benefit and who applies under section 37B of the Act may rely on the prescribed income test in section 17 to satisfy certain conditions. The payer is taken to satisfy the income test if the total of their instalment (less non-taxable amounts) plus their ordinary income for the fortnight is not more than the highest maximum basic rate of pension for a fortnight under Table B of point 1064-B1 of the Social Security Act 1991. This test determines whether the Registrar can make certain decisions about deductions.

Payees have the right to request that a liability arising under section 66Q or 77 of the Family Law Act or section 139 of the Assessment Act be enforced under the Act, but only if they provide a duly completed approved form (section 13). If they do not provide that form, the liability is excluded from being a registrable maintenance liability. This gives payees control over whether those specific court orders are enforced through the child support collection system.

Every person subject to the Act has a duty to notify the Registrar of a change of address for service. Failure to do so means the person cannot plead the change of address as a defence in any civil or criminal proceedings under the Act or the regulations (section 35). This is a strict liability duty: the consequence is automatic and does not require proof of prejudice to the other party.

The regulations themselves do not create criminal offences or civil penalties; those are in the Act. However, the regulations provide the procedural and numeric framework that enables enforcement actions to be taken. The most significant enforcement mechanism is the departure prohibition order, which can prevent a person from leaving Australia while a child support debt exists. The regulations prescribe the Comptroller-General of Customs, the Commissioner of Police of the Australian Federal Police, and the Secretary of the Foreign Affairs Department as persons who must be notified of such orders (section 22). This ensures that border control and law enforcement agencies have the information needed to enforce the order.

Prescribed periodic deductions from social security and veterans’ payments are a key enforcement tool. The regulations set the maximum deduction at three times the minimum social security rate or minimum veterans rate (sections 20 and 21). If a payer has both an enforceable maintenance liability and an unpaid child support debt, the deduction for the debt is the lesser of three times the minimum rate less any amount already being deducted for the current liability, or the amount of the debt. This ensures that deductions are prioritised and capped.

The evidentiary provisions in sections 28, 29 and 30 facilitate debt recovery proceedings in court. Section 28 provides that a certificate signed by the Registrar certifying that a person is liable to pay a debt and that the debt is payable is prima facie evidence of those facts. This shifts the burden onto the debtor to disprove the debt. Section 29 allows evidence by affidavit in recovery actions, though the court may require the person to attend for cross-examination. Section 30 creates a presumption that documents bearing the written, printed or stamped name of the Registrar or a delegate (including a facsimile signature) have been duly signed unless proved to have been issued without authority. Judicial notice must be taken of the names and signatures of the Registrar and delegates.

Section 26 prescribes the places and manners for paying debts due to the Commonwealth. A debt is payable at the Human Services Department, a payment agency, or a financial institution that maintains an account for that purpose. Payment can be made by bank transfer, Visa or MasterCard credit card, BPAY, Post Billpay, Debit MasterCard or Visa Debit. This sets out the permissible methods; a debtor cannot insist on a non-prescribed method.

The regulations also provide for service of documents. Section 31 allows service on a natural person by personal service, leaving at the address for service, electronic communication (with consent), or prepaid post to the address for service. For a body corporate, service can be at its address for service, electronically, or at its head office, registered office or principal office. If service is attempted by prepaid post, it is taken to have been effected at the time the document would have arrived in the ordinary course of post unless the contrary is proved. This deeming provision assists enforcement by removing the need to prove actual receipt.

The failure to notify change of address provision (section 35) has a punitive effect: a person who changes address and does not notify the Registrar cannot plead the change as a defence. This applies in both civil and criminal proceedings. It effectively precludes a debtor from arguing that proceedings were invalid because they did not receive notice due to an uncommunicated change of address.

While the regulations do not set penalty amounts, they are essential to the enforcement machinery. For example, a payer who is subject to a departure prohibition order cannot leave Australia; attempting to do so could lead to investigation and, if the order was properly made, potential legal consequences. The prescribed list of provisions that the ART cannot exercise (Schedule 3) means certain decisions cannot be overturned on review, including decisions to deduct from social security payments to nil, which is a powerful enforcement tool.

The regulations sit within a legislative framework that includes the Child Support (Registration and Collection) Act 1988 (the Act), the Child Support (Assessment) Act 1989 (the Assessment Act), the Family Law Act 1975, the Social Security Act 1991, the Social Security (Administration) Act 1999, the Veterans’ Entitlements Act 1986, the Banking Act 1959, the Electronic Transactions Act 1999, the Customs Act 1901, and the Diplomatic Privileges and Immunities Act 1967. The instrument also gives effect to an international treaty: the Agreement between the Government of Australia and the Government of New Zealand on Child and Spousal Maintenance done at Canberra on 12 April 2000 (the Australia-New Zealand Agreement).

The most direct interaction is with the Act itself. The regulations are made under the Act and every provision is linked to a specific section of the Act. For example, section 9 prescribes the protected earnings rate for the purpose of the definition in subsection 4(1) of the Act. Section 10 prescribes reciprocating jurisdictions for that same definition. Section 11 prescribes the treaty and article for paragraph 18A(3)(b) of the Act. Section 15 is made for the purposes of section 29 of the Act (conversion of amounts). Section 16 is for the definition of excepted reciprocating jurisdiction in subsection 30A(4) of the Act. Section 17 is under paragraphs 37B(4)(b) and (5)(b) of the Act (prescribed income test). Section 18 is under paragraph 38B(1)(a) of the Act (satisfactory payment record). Sections 20 and 21 are under sections 72AA and 72AC of the Act (prescribed periodic deductions). Section 22 is under subsection 72G(5) of the Act (departure prohibition orders). Section 23 is under subsection 76(2) of the Act (prescribed amount not entitled to be paid). Section 24 is under subsection 78(3) of the Act (prescribed amount for employer remittances). Section 25 is under section 95E of the Act (limitation of powers of ART). Section 26 is under paragraph 113(1)(a) of the Act (debts due to the Commonwealth). Section 27 is under subsection 120(2) of the Act (scale of expenses). Sections 28-30 relate to evidence in recovery actions, which is a subject matter of the Act. Sections 31-36 deal with service, address for service, and assistance in communicating with overseas authorities, all under powers in the Act. Sections 37 and 38 deal with conversion of currency for overseas maintenance liabilities under the Act. The instrument is thus wholly parasitic on the Act for its legislative validity.

The interaction with the Assessment Act is through the definition of minimum annual rate of child support, which uses subsection 66(5) of the Assessment Act. Schedule 3, Part 2 lists provisions of the Assessment Act that the ART cannot exercise, including subsections 145(1), 146(2), 149(1), 150A(1)-(5), 150D, 153, 157(1), 160(1), 161(1), and 162A. These include powers to make administrative assessments and other decisions under the Assessment Act.

The Social Security Act 1991 is referenced for the definition of ordinary income and partnered status (section 8), for the maximum basic rate of pension under Table B of point 1064-B1 in the Rate Calculator (section 17), and for the jobseeker payment rate used in the protected earnings rate (section 9). The Social Security (Administration) Act 1999 defines instalment period (section 8). The Veterans’ Entitlements Act 1986 defines pension period (section 8) and the regulations use that to calculate the minimum veterans rate.

The Family Law Act 1975 is referenced in section 13, which excludes liabilities under sections 66Q or 77 from being registrable unless the payee requests enforcement. The Electronic Transactions Act 1999 definitions of consent and electronic communication are used for service of notices (section 8 and 31). The Banking Act 1959 definition of ADI is used to define bank (section 8). The Customs Act 1901 defines Comptroller-General of Customs for the purpose of departure prohibition orders (section 22). The Diplomatic Privileges and Immunities Act 1967 defines the Foreign Affairs Department (section 8 and 22).

The Australia-New Zealand Agreement is incorporated by reference through Schedule 1. Section 11 prescribes the agreement and Article 15 for the purpose of registrable overseas maintenance liabilities relating to penalties. Section 38 implements currency conversion for decisions transmitted under that agreement.

The regulations as presented include application, saving and transitional provisions in Part 8 that reveal recent amendment history. Section 39 deals with the application of the amendment of paragraph 9(a) made by the Child Support Legislation Amendment (2020 Measures No. 1) Regulations 2020. That amendment changed the reference in the protected earnings rate from whatever it was previously to the current wording that uses the maximum fortnightly basic rate of jobseeker payment. The amendment applies in relation to the calendar year beginning 1 January 2021 and each later calendar year. This means the protected earnings rate has been tied to jobseeker payment rather than an earlier reference (likely Newstart Allowance, which was replaced).

Section 40 applies the amendment of item 16 of the table in Part 1 of Schedule 3 made by the same 2020 amending instrument. That item concerns provisions of the Act that the ART must not exercise, specifically subsections 72AA(1) and (2) and paragraph 72AA(2)(e) in the case described by subsection 72AA(2A) - the power to reduce a social security pension or benefit to nil for child support enforcement. The amendment applies in relation to a determination made by the Registrar on or after the commencement of that instrument, not to earlier determinations.

Section 41 applies the amendment of item 18 of the table in Part 1 of Schedule 3 made by the same 2020 amending instrument. Item 18 concerns subsection 72AC(1) and paragraph 72AC(2)(e) in the case described by subsection 72AC(3) - the equivalent power for veterans’ pensions or allowances. Again, it applies to determinations made on or after commencement.

There is no section 7 in the regulations as presented. The note under section 8 indicates that a number of expressions used in the instrument are defined in the Act, including Assessment Act, child support assessment, Child Support Register, enforceable maintenance liability, and Human Services Department.

The regulations themselves are made in 2018, replacing earlier regulations (the previous instrument was the Child Support (Registration and Collection) Regulations 1991, which would have been repealed). The amendment history suggests that the 2020 amendments were substantive, altering both the protected earnings rate reference and the scope of ART powers regarding deductions reducing payments to nil.

Other than those three application provisions, no further amendment history is set out in the instrument itself. Practitioners should consult the Federal Register of Legislation for a complete listing of amendments between 2018 and the present. The instrument’s schedules (Schedule 2 listing reciprocating jurisdictions and Schedule 3 listing prescribed provisions) may also have been amended by other instruments, though the text provided does not show amendment history for those schedules.

The regulations themselves do not contain any reference to court cases. However, as subordinate legislation, they have been considered in various proceedings in the Federal Circuit and Family Court of Australia, the Federal Court, and the Administrative Appeals Tribunal (now the Administrative Review Tribunal). While the source text does not name any specific decisions, several areas of the regulations have been litigated.

The prescribed list of provisions in Schedule 3 that the ART cannot exercise is directly relevant to litigation about the scope of tribunal review. Decisions concerning the ART’s jurisdiction to review certain Registrar decisions often turn on whether the power is one listed in the regulations. The list includes key enforcement powers: decisions under Part VA of the Act (departure prohibition orders) are not reviewable by the ART. This means a person who is the subject of a departure prohibition order cannot seek merits review in the ART; they may need to seek judicial review in the Federal Court.

The evidentiary certificate provisions (sections 28-30) are frequently used in recovery proceedings. Courts have considered the weight to be given to a certificate signed by the Registrar as prima facie evidence of the debt. The regulations provide that such a certificate is prima facie evidence, shifting the evidentiary burden. Case law has considered what is required to rebut that presumption.

The conversion of amounts under section 15 has been relevant in cases where overseas liabilities are registered. The table setting out the number of days in each period (7 days for a week, 14 for a fortnight, 28 for 4 weeks, 30.4375 for a month, 365.25 for a year) has been applied by the Registrar and tribunals to calculate ongoing liability amounts. Disputes may arise about the effect of using 30.4375 days for a month rather than a calendar month, but the regulation is clear.

The protected earnings rate in section 9 has been considered in cases where a payer argues that deductions from salary are reducing their income below the prescribed floor. The rate is fixed by reference to a percentage of jobseeker payment, so changes to social security law directly affect the protected earnings rate. Litigation may arise if the Registrar or an employer applies an incorrect rate.

The prescribed periodic deduction formulas in sections 20 and 21 are mathematical and have likely been applied without substantial challenge, but any miscalculation would be a ground of review.

The list of excepted reciprocating jurisdictions in section 16 (Brunei Darussalam, Cook Islands, Israel, Niue, Papua New Guinea, Samoa, Yukon Territory) is important in cross-border enforcement litigation. A person who moves to one of those jurisdictions cannot have an Australian child support assessment enforced under the reciprocal arrangements. This may lead to proceedings in Australian courts to enforce the liability through other means.

The failure to notify change of address provision (section 35) has been pleaded in enforcement proceedings as a bar to a debtor’s defence. Courts have considered whether the provision is mandatory or whether there are circumstances where a debtor can still raise lack of notice.

The service provisions in sections 31 and 32 are relevant in litigation about whether a document was validly served. The deeming provision for prepaid post (subsection 31(2)) has been considered in cases where a person claims not to have received a notice.

Several provisions in the regulations can catch practitioners and parties off guard. The most significant is section 35: a person who changes address and fails to notify the Registrar cannot plead the change of address as a defence in any proceedings under the Act or the regulations. This applies to both civil and criminal proceedings. If a payer moves house and does not update their address with Services Australia, they cannot later argue that they did not receive a notice of assessment, a deduction notice, a departure prohibition order, or a court summons. The defence is completely barred, regardless of whether the non-receipt caused prejudice.

Section 28 provides that a certificate signed by the Registrar certifying a debt is prima facie evidence of the facts stated. That means the certificate itself can be enough to prove the debt in court unless the debtor produces evidence to the contrary. A debtor cannot simply deny the debt; they must lead evidence to rebut the certificate. Many debtors and their lawyers underestimate the strength of this evidentiary provision.

Section 30 is another evidentiary trap. Documents bearing the written, printed or stamped name (including a facsimile signature) of the Registrar or a delegate are taken to have been duly signed unless proved to have been issued without authority. Judicial notice must be taken of the Registrar’s and delegates’ names and signatures. This streamlines proof of documents but can be problematic if a document is challenged on authenticity grounds - the burden lies on the challenger to prove it was issued without authority.

The prescribed amounts for payments in section 23 are low: $5 for domestic payments and certain overseas payments through central authorities, $50 otherwise. Many payees expect to receive every cent collected, but if the amount is below these thresholds, the Registrar is not required to pay it out. The exception is if no further amounts are expected - then the threshold does not apply. A payee could miss out on small periodic payments if future payments are anticipated. The $50 threshold for “any other case” (such as payment to an overseas account not through a central authority) is significantly higher.

Section 13 excludes certain liabilities from being registrable unless the payee provides a duly completed approved form requesting enforcement. Liabilities under section 66Q or 77 of the Family Law Act or section 139 of the Assessment Act are not automatically registrable. A payee who has such a court order must take proactive steps to have it enforced through the child support system. If they fail to lodge the approved form, the Registrar will not collect the money.

The conversion rules in sections 37 and 38 use the Commonwealth Bank of Australia’s international money transfer buying rate. This rate may differ from market rates or rates used by other institutions. For overseas maintenance liabilities from reciprocating jurisdictions (other than New Zealand), the conversion rate is fixed on the day the Registrar receives the application. This can create a windfall or loss depending on currency fluctuations between that day and the day payment is actually made. For New Zealand, the conversion is done when the decision is transmitted by the Registrar.

The list of excepted reciprocating jurisdictions in section 16 requires careful checking: Brunei Darussalam, Cook Islands, Israel, Niue, Papua New Guinea, Samoa, and the Yukon Territory of Canada are excepted for child support assessments. This means that if a payer moves to one of those places, Australian child support cannot be enforced through the reciprocal enforcement regime. The payee may need to initiate enforcement proceedings in that jurisdiction separately, which is often impractical.

The prescribed provisions in Schedule 3 that the ART cannot exercise include some that might be expected to be reviewable. For example, the ART cannot exercise the power to make a determination under subsection 72AA(2)(e) in the case described by subsection 72AA(2A) - reducing a social security pension to nil to satisfy a child support debt. Similarly, it cannot exercise powers under Part VA (departure prohibition orders) or sections 111D and 111E (which relate to information gathering). A person aggrieved by such a decision has no right of merits review; only judicial review on legal grounds is available.

The service provisions in section 31 allow for electronic communication only if the person has consented. The definition of consent adopts the meaning in section 5 of the Electronic Transactions Act 1999. A person who has not consented cannot be served by email or other electronic means. The Registrar must use physical service methods for those who have not consented. However, if service is attempted by prepaid post, it is deemed to have been effected at the time it would have arrived in the ordinary course of post, unless the contrary is proved. This can be difficult to rebut.

Section 23(2) creates a nuance: the prescribed threshold amounts do not apply “if no further amounts are expected to be payable to the person in relation to that or any other registered maintenance liability.” This means small final payments can be paid out, but if there is any possibility of future payments, the threshold applies and the small amount is not paid. A payee might never receive small residual amounts if there is a chance of future collections.

The minimum social security rate and minimum veterans rate are calculated using the minimum annual rate of child support from the Assessment Act, but that rate itself may change. The regulations do not fix a dollar figure; they provide a formula. The rate is effectively the floor below which child support cannot be assessed under the Assessment Act. If that floor changes, so do the minimum rates and thus the caps on deductions.

Compliance with the regulations requires proactive administrative steps by all parties. For payers of child support, the most critical obligation is maintaining an up-to-date address for service with the Registrar. Section 34 provides that the last notified address is the address for service; section 35 bars any defence based on a change of address that was not notified. Payers should notify Services Australia immediately of any change of residential, postal or electronic address, using the approved methods (online, phone, or in person). This should be done before the change takes effect or as soon as possible afterwards.

Payers who receive a social security pension or benefit or a veterans’ payment should understand how the prescribed periodic deduction works. The deduction is capped at three times the minimum social security rate or minimum veterans rate per period. If the payer’s liability is less than that cap, only the liability amount is deducted. Payers should monitor payslips and Centrelink or DVA payment summaries to ensure deductions are correct. If they believe the wrong rate is being applied, they should contact the Registrar. The income test under section 17 is relevant if the payer applies for the Registrar to stop deductions from their social security payment under section 37B of the Act. To satisfy the test, the total of the instalment (less non-taxable amounts) plus ordinary income must not exceed the highest maximum basic rate of pension for a fortnight under Table B of point 1064-B1 of the Social Security Act 1991. Payers who are close to that threshold should seek advice before applying.

Payers with liabilities arising from court orders under section 66Q or 77 of the Family Law Act or section 139 of the Assessment Act should be aware that those liabilities are not automatically registrable under the Act unless the payee lodges a request. Payers should not assume that a court order will be enforced by the Registrar; they may need to make direct payments until registration is requested.

Employers must be aware of the prescribed amount for remittances under subsection 78(3) of the Act: $50 (section 24). If an employer deducts an amount from a payer’s salary and does not remit it, that $50 threshold may affect whether a prosecution proceeds. Employers should ensure they remit all deducted amounts promptly.

For cross-border situations, payers moving overseas should check whether the destination is a reciprocating jurisdiction as prescribed (see Schedule 2). If it is not, or if it is an excepted jurisdiction (section 16), reciprocal enforcement mechanisms may not apply. Payers should contact the Registrar to discuss options for compliance, such as direct payment arrangements. Payees with a child support liability from an overseas jurisdiction should apply to the Registrar for registration, providing documentation including the foreign order and, if expressed in foreign currency, the conversion will be done using the Commonwealth Bank’s buying rate on the day the application is received (section 37). Payees should be aware that currency fluctuation can affect the Australian dollar amount payable.

Any person receiving payments from the Registrar should note the prescribed amounts below which they are not entitled to payment: $5 for domestic and certain overseas payments, $50 otherwise. They should consider whether to aggregate small amounts or request payment only when the amount exceeds the threshold. If no further payments are expected, the threshold does not apply, so they can ask for closure and payment of the residual.

Lawyers involved in debt recovery actions should comply with the evidence provisions. To rely on an evidentiary certificate under section 28, ensure it is signed by the Registrar (or delegate) and that it certifies both the liability and the debt amount. The certificate will be prima facie evidence. Affidavit evidence is permitted under section 29, but the court may require attendance for cross-examination. Documents bearing the Registrar’s printed name or facsimile signature are presumed duly signed unless challenged with evidence of lack of authority (section 30). Service of proceedings should follow section 31: personal service, leaving at address for service, electronic communication with consent, or prepaid post to address for service. If using prepaid post, note the deeming rule that service is taken to be effected when the document would have arrived in ordinary course.

For ART review applications, note that Schedule 3 lists provisions the ART cannot exercise. If the decision under review involves one of those provisions, the ART may decline to substitute its own decision. The applicant should be prepared to argue that the decision is reviewable under a different provision not listed.

Finally, any person who needs to communicate with an overseas authority about child support can apply to the Registrar for assistance under section 36. This is a free service and can help residents of Australia who are being pursued by an overseas authority or who need to initiate a claim. The regulations do not set a fee or form for this application, so the applicant should contact Services Australia.