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.R.90 Resident of a reciprocating jurisdiction

Definition

A person is a resident of a reciprocating jurisdiction if they are habitually resident in the reciprocating jurisdiction (1.1.R.10).

In making a decision about whether a person is a resident of a reciprocating jurisdiction the ordinary meaning of 'resident' needs to be considered. The Macquarie Dictionary defines 'reside' as 'to dwell permanently or for a considerable time; have one's abode for a time'.

  • A person who has always lived in a reciprocating jurisdiction will be resident there.
  • A person who has moved to a reciprocating jurisdiction from another country intending to reside there permanently will generally be a resident of that country from the time they arrive.

Where a person has arrived in a reciprocating jurisdiction and they are not intending to reside there permanently or their intention is not clear, the following factors will be considered when deciding if they are resident in the reciprocating jurisdiction for child support (1.1.C.60) purposes:

  • the reason for the person's presence in the country
  • the actual and intended length of the person's stay
  • the person's family and business/employment ties in the reciprocating jurisdiction and any other country, and
  • the person's social and living arrangements in the reciprocating jurisdiction and any other country

The weight given to each factor will vary according to the circumstances of the individual.

Act reference: CSRC Act section 4(1)-‘resident of a reciprocating jurisdiction’

CSRC Regs Schedule 2—Reciprocating jurisdictions

Policy reference: CS Guide 1.5.1 Australia’s international maintenance arrangements, 1.6.3 Resident of a reciprocating jurisdiction, 1.1.H.10 Habitual residence

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