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.

1.1.P.110 Private collect

Definition

In a private collect arrangement Services Australia is responsible for assessing the amount of child support (1.1.C.60) that is payable for a child support case (1.1.C.80), but is not responsible for collecting and transferring the amount of child support. Instead, the transfer of child support is managed privately between the parties.

Most commonly, a private collect period applies to a liability arising from a child support assessment (1.1.C.70) that has:

  • not been registered for collection under the CSRC Act, or
  • has been registered for collection under the CSRC Act but relating to a period where an election has been made for the registered liability to not be enforced under the CSRC Act.

The person entitled to receive child support under a child support assessment during a private collect period has the right to sue for and recover amounts owing to them in court.

The payee (1.1.P.30) of a registrable maintenance liability (1.1.R.40) in a private collect period may apply to have the liability registered under the CSRC Act. If the liability has previously been registered and an election was made for the liability to not be enforced, the payee may apply to have the liability again be enforceable. They may also ask for arrears (1.1.A.100) to be collected (7.3.2).

Act reference: CSA Act section 79 Recovery of amounts of child support

CSRC Act section 24A Registrar to register liability …, section 25 Application for registration …, section 38 Variation of Register …, section 38C Election not to enforce …, section 39 Application for variation …

Policy reference: CS Guide 7.3 Private collect, 1.1.C.60 Child support, 1.1.C.80 Child support case

Last reviewed: