The Guides to Social Policy Law is a collection of publications designed to assist decision makers administering social policy law. The information contained in this publication is intended only as a guide to relevant legislation/policy. The information is accurate as at the date listed at the bottom of the page, but may be subject to change. To discuss individual circumstances please contact Services Australia.

6.7.4 Service & evidence

Context

The CSRC Act and regulations contain provisions to assist with the production of evidence in court and with the service of documents. The Registrar's powers are also delegated to senior officers (6.1.2).

Act references

CSRC Act section 115, section 116, section 118

CSRC Regs section 28, section 30

On this page

Substituted service

Where a document is required to be served on a person in relation to enforcement proceedings under the CSRC Act and the Registrar is satisfied, after making reasonable enquiries, that the person:

  • is absent from Australia and does not have a lawyer or agent representing them in Australia, or
  • cannot be found

the document can be served by posting it, or a sealed copy of it, in a letter to the person's last known address.

There is no need to seek the court's permission for this method of service (CSRC Act section 115).

This provision overrides requirements contained in other legislation, for example, the requirements in the FL Act, relevant rules or regulations, which require the court to make orders for substituted service.

Evidence

A document signed by the Registrar or Registrar's delegate which claims to be a copy of an entry in the Child Support Register in relation to a registrable maintenance liability is prima facie evidence (CSRC Act section 116):

  • that the liability is a registrable maintenance liability (except in an objection, application for review or appeal about the registration of the liability or the particulars in the Register)
  • that the liability is registered under the CSRC Act (except in an objection, application for review or appeal about the registration of the liability or the particulars in the Register)
  • that the particulars of the entry in the Register are those set out in the document (except in an objection, application for review or appeal about particulars in the Register that have been varied), and
  • that all of those particulars are correct (except in an objection, application for review or appeal about the registration of the liability or the particulars in the Register).

The Registrar or delegate's certificate saying that an amount is payable on a specified day by a person to the Commonwealth for a specified registrable maintenance liability or specified carer liability is prima facie evidence of the matters stated in the certificate (CSRC Act section 116(2) and CSRC Regs section 28).

The Registrar or delegate's certificate saying that an amount is payable on a specified day by a person to the Commonwealth in relation to a deduction from salary or wages is prima facie evidence of the matters stated in the certificate (CSRC Act section 116(2)).

'Prima facie' evidence is evidence of fact which the court must take as proof until there is evidence to disprove it.

Example: A certificate stating how much child support is owing could be disproved by further evidence in court proceedings.

Judicial notice of signature

A court, tribunal, judge, or person acting judicially, will take judicial notice of the signature of a person who holds the office of Registrar or Registrar's delegate (CSRC Act section 118). 'Judicial notice' means that a court must take notice of things which are clearly established and formal evidence on the issue is not necessary. This means then that a court or tribunal will not require any further evidence that the signature is the signature of the Registrar or Registrar's delegate.

A document bearing the written, printed or stamped name of the Registrar or Registrar's delegate (including a facsimile of the signature) is taken to have been duly signed by that person unless it is proven to the contrary (CSRC Regs section 30).

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