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.

1.2.2.10 Objects of the CSA Act

Context

The CSA Act is an Act to make provision for determining the financial support payable by parents for their children, and for other purposes.

Principal object of the CSA Act

The principal object of the CSA Act is to ensure that children receive a proper level of child support from their parents (CSA Act section 4).

Particular objects of the CSA Act

The CSA Act should ensure that (CSA Act section 4):

  • the level of financial support to be provided for children should be based on the financial capacity of each parent. Parents with a like capacity to support their children should provide like amounts of financial support
  • the level of financial support that is provided by parents for their children should be determined in accordance with the costs of the children
  • parents and carers who provide ongoing daily care for children should be able to have the level of financial support to be provided for the children readily determined without the need for court proceedings
  • children share in changes in the standard of living of both of their parents, whether or not they live with both or either of them, and
  • Australia is in a position to give effect to its obligations under international agreements or arrangements which relate to maintenance obligations arising from a family relationship, parentage or marriage.

Intention of the Parliament

It is the intention that the CSA Act should be interpreted and administered, to the greatest extent consistent with the attainment of its objects, (CSA Act section 4):

  • to permit parents to make private arrangements for the financial support of their children, and
  • to limit interferences with the privacy of parents and carers.

Duty of parents to maintain their children

It is a long-standing principle that parents are primarily responsible for the financial support of their children. The CSA Act therefore specifies that the parents of a child have the primary duty to maintain the child (CSA Act section 3).

The duty of a parent to maintain a child:

  • is not lower in priority than the duty of a parent to maintain any other child or person
  • has priority over all commitments of the parents apart from necessary commitments for self-support or necessary commitments to support another child or person that the parent has a duty to maintain, and
  • is not affected by the duty of any other person to maintain the child or any entitlement the child, or another person may have to receive an income tested pension, benefit or allowance.

Act reference: CSA Act section 3 Duty of parents to maintain their children, section 4 Objects of the Act

Last reviewed: