86When Director may issue order for redirection of earnings

86 When Director may issue order for redirection of earnings

(1)  Subject to subsection (2) , the Director may issue to the employer of an enforcement debtor an order for redirection of the enforcement debtor’s earnings.

(2)  The Director may only issue an order for redirection of the enforcement debtor's earnings if he or she is satisfied of the following:

(a) that the person to whom it is issued is the enforcement debtor’s employer;

(b) that the enforcement debtor will have enough money available to satisfy the unpaid amount after deducting –

(i) the necessary living expenses of the enforcement debtor and the enforcement debtor’s dependants; and

(ii) any other known liabilities of the enforcement debtor;

(c) that the amount of earnings to be redirected would not impose unreasonable hardship on the enforcement debtor;

(d) that the amount of earnings to be redirected will not reduce the enforcement debtor's earnings for the period to less than the protected earnings amount.

(3)  If the Director considers it necessary or desirable to cancel or vary an order issued under this section, the Director must, as soon as is practicable, give written notice to the employer of the cancellation or variation of the order.