1.4.2 History of the application of the CSRC Act to WA ex-nuptial cases

Context

The WA Parliament has adopted the CSRC Act and all amendments made to this Act. This means that the CSRC Act and all amendments made to this Act apply to WA ex-nuptial cases. With the Child Support (Commonwealth Powers) Act 2019 (WA) (CS(CP)Act) receiving Royal Assent on 15 May 2019, the WA Parliament has also referred legislation power for matters in respect of the maintenance of ex-nuptial children to the Commonwealth. Prior to 15 May 2019, the arrangement by which the WA Parliament adopted child support laws meant that, from time to time, the Registrar needed to treat WA ex-nuptial cases differently to other cases.

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WA adoption of CSRC Act amendments from 15 May 2019

From Royal Assent on 15 May 2019, the CS(CP)Act adopted all Commonwealth child support laws not previously adopted, referred legislation power for matters in respect of the maintenance of ex-nuptial children to the Commonwealth, and repealed the Child Support (Adoption of Laws) Act 1990 (WA), as there is no further need for the WA Parliament to incrementally adopt Commonwealth amendments to child support legislation. Legislative powers over unmarried persons and their children in family law proceedings were not referred.

From 15 May 2019 the CS(CP)Act adopted the amended CSRC Act as it existed on 1 July 2018, including amendments made by the Family Assistance and Child Support Legislation Amendment (Protecting Children) Act 2018, including the application provisions in that Act. These amendments:

  • aligned the Registrar's ability to recover child support overpayments from payees with the methods for recovering child support debts from payers, and
  • ensure that child support overpayments resulting from amounts collected by the Registrar prior to backdated reductions to child support assessments, are recoverable.

The Veterans' Affairs Legislation Amendment (Veteran-centric Reforms No. 1) Act 2018 amended the CSRC Act commencing 1 May 2018. The amendment provided 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 section 72AC(1)(b) of the CSRC Act. As this amendment had occurred after the WA parliament adopted the CSRC Act as it existed on 1 July 2017, this provision applies to WA ex-nuptial children from 15 May 2019.

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.

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 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 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 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 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).

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.

Last reviewed: 20 September 2019