1.4.2 Application of the CSRC Act to WA Ex-nuptial Cases

Context

The CSRC Act as amended, applies to WA ex-nuptial cases to the extent that it has been adopted by the WA Parliament.

The WA Parliament has adopted the CSRC Act and certain amendments made to this Act. The arrangement by which the WA Parliament has adopted these laws means that, from time to time, the Registrar must treat WA ex-nuptial cases differently to other cases.

Commencement of the CSRC Act

The CSRC Act came into operation on 1 June 1988. From 1 June 1988, WA residents who were entitled to maintenance under court orders or court registered agreements for ex-nuptial children were able to apply for the Registrar to register and collect the liability.

WA adoption of CSRC Act amendments from 1 November 2007, 1 January 2008 & 1 July 2008

The Child Support (Adoption of Laws) Amendment Act 2007 (WA) amended the Child Support (Adoption of Laws) Act 1990 (WA) to adopt the amendments to the CSRC Act made by:

  • the Child Support Legislation Amendment (Reform of the Child Support Scheme - New Formula and Other Measures) Act 2006 (Cth), and
  • the Families, Community Services and Indigenous Affairs Legislation Amendment (Child Support Reform Consolidation and Other Measures) Act 2007 (Cth).

WA adoption of CSRC Act amendments from 3 March 2011

The Child Support (Adoption of Laws) Amendment Act 2011 (WA) commenced on 3 March 2011. It adopted amendments to the CSRC Act contained in several Acts including the Families, Housing, Community Services and Indigenous Affairs and Other Legislation Amendment (2008 Budget and Other Measures) Act 2008; the Families, Housing, Community Services and Indigenous Affairs and Other Legislation Amendment (Further 2008 Budget and Other Measures) Act 2008; the Family Law Amendment (De Facto Financial Matters and Other Measures) Act 2008; the Child Support and Family Assistance Legislation Amendment (Budget and Other Measures) Act 2010; and the Paid Parental Leave (Consequential Amendments) Act 2010.

WA adoption of CSRC Act amendments from 22 November 2012

The Child Support (Adoption of Laws) Amendment Act 2012 (WA) commenced on 22 November 2012. It adopted amendments to the CSRC Act contained in several Acts including the Statute Law Revision Act 2011; the Human Services Legislation Amendment Act 2011; the Child Support (Registration and Collection) Amendment Act 2011; the Acts Interpretation Amendment Act 2011; and the Social Security and Other Legislation Amendment (2012 Budget and Other Measures) Act 2012 Schedule 7.

WA adoption of CSRC Act amendments from 4 December 2014

The Child Support (Adoption of Laws) Amendment Act 2014 (WA) commenced on 4 December 2014. It adopted amendments to the CSRC Act contained in several Acts including the Social Security and Other Legislation Amendment (Further 2012 Budget and Other Measures) Act 2012 Schedule 3 and Schedule 4; the Personal Liability for Corporate Fault Reform Act 2012; the Federal Circuit Court of Australia (Consequential Amendments) Act 2013; and the Statute Law Revision Act 2013.

WA adoption of CSRC Act amendments from 28 November 2015

The amendment of the Child Support (Adoption of Laws) Act 1990 (WA) by the Child Support (Adoption of Laws) Amendment Act 2015 (WA) commenced on 28 November 2015. From that day, the amended Child Support (Adoption of Laws) Act 1990 (WA) adopted the amended CSRC Act as it existed on 1 July 2015, which included amendments to the CSRC Act made by the Treasury Legislation Amendment (Repeal Day) Act 2015 and the Tribunals Amalgamation Act 2015.

WA adoption of CSRC Act amendments from 1 July 2017

The amendment of the Child Support (Adoption of Laws) Act 1990 (WA) by the Child Support (Adoption of Laws) Amendment Act 2017 (WA) commenced on 1 July 2017. From that day, the amended Child Support (Adoption of Laws) Act 1990 (WA) adopted the amended CSRC Act as it existed on 1 July 2017, which included amendments to the Crimes Legislation Amendment (Penalty Unit) Act 2015; the Civil Law and Justice (Omnibus Amendments) Act 2015; the Australian Immunisation Register Act 2015; the Norfolk Island Legislation Amendment Act 2015; the Territories Legislation Amendment Act 2016 and the Crimes Amendment (Penalty Unit) Act 2017.

CSRC Act amendments which do not apply to WA ex-nuptial cases

The Veterans' Affairs Legislation Amendment (Veteran-centric Reforms No. 1) Act 2018 amended the CSRC Act commencing 1 May 2018. The amendment provides that deductions can be taken from a person's Veteran Payment where they owe a child support debt, which is consistent with other income support payments under the Veterans' Entitlements Act 1986 listed under 72AC(1)(b) of the CSRC Act. As this amendment occurred after the WA parliament adopted the CSRC Act as it existed on 1 July 2017, this provision will not apply to WA ex-nuptial children.

On 1 July 2018, the CSRC Act was amended by the Family Assistance and Child Support Legislation Amendment (Protecting Children) Act 2018 to:

  • align the Registrar's ability to recover a child support overpayment from a payee with the methods for recovering a child support debt from a payer,
  • ensure that backdated reductions to a child support assessment collected by the Registrar are recoverable, and,
  • include new provisions to provide a fairer basis for retrospectively creating a child support overpayment or underpayment due to some changes of circumstances.

As these amendments occurred after the WA parliament adopted the CSRC Act as it existed on 1 July 2017, these provisions will not apply to WA ex-nuptial children.

Last reviewed: 2 July 2018