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.

1.7 Family & domestic violence

Note

The Australian Government is committed to ensuring separated parents and their children remain safe and financially supported.

1800RESPECT

If you are experiencing family and domestic violence, you may wish to contact 1800RESPECT, a confidential and interactive online and telephone counselling, information and referral service available nationwide, 24 hours a day, 7 days a week. 1800RESPECT provides support to people who are experiencing, or are at risk of, sexual assault, family violence or who have experienced this in the past, as well as their family and friends.

You can contact the service by calling 1800RESPECT (1800 737 732) or go to 1800RESPECT website.

Introduction

Services Australia operates in a sensitive environment and prioritises customer safety. This chapter contains information relevant to child support customers who are experiencing, or at risk of, family and domestic violence. This includes decisions a person affected by family and domestic violence may need to make about their child support case.

Child support and FTB are closely linked. It is important to understand how the decision to apply for a child support assessment (or not) may affect a parent’s FTB entitlement because of the MAT. It is also important to know that exemptions to the MAT may apply if a parent is at risk of, or experiencing family and domestic violence. More information on how the Child Support Scheme interacts with FTB is found at 1.8.

Act references

CSA Act section 150, section 151

CSRC Act section 16, section 38, section 38B

FAAct Schedule 1 clause 10

FL Act section 4AB

On this page

Child support customers at risk of family & domestic violence

Services Australia supports parents and carers who are experiencing, or at risk of, family and domestic violence through a trauma informed family and domestic violence identification and case management approach, and by offering referrals to organisations that can provide help. Support is available to parents who pay child support (payers), and parents and carers who receive child support (payees).

Services Australia's family and domestic violence identification approach includes targeted support for customers where the risk of family and domestic violence might be more prevalent. At these interactions, customers are asked a safety question and are provided an opportunity to discuss their circumstances. If family and domestic violence is evident, customers may be referred to a Services Australia Social Worker or external agency for assistance.

Where appropriate for specific cases, Services Australia will limit staff access to case information.

MAT for FTB Part A

To receive more than the base rate of FTB Part A (and RA) for a child from a previous relationship, a parent is required to take reasonable action to meet the MAT. Generally, this will involve applying for a child support assessment.

The MAT does not apply to individuals who have care of a child, but are not considered to be their parent for child support purposes (that is, a non-parent carer, such as a grandparent of the child).

If a parent is experiencing or at risk of family and domestic violence, they can apply to Services Australia for a full or partial exemption from the MAT (FA Guide 3.1.5.70). If a full exemption is granted the parent does not need a child support assessment in order to receive more than the base rate of FTB Part A.

FA Guide 3.1.5 provides information on the MAT which applies to separated parents who receive FTB Part A. CS Guide 1.8 provides information on the interaction between child support and FTB.

Applying for child support

Either parent (or a non-parent carer) can apply for a child support assessment. When a person who makes a child support application is identified as being at risk of family and domestic violence, Services Australia will discuss their administrative options with them. There may be different options available depending on whether the applicant is likely to be the payer or payee once the child support assessment is made. This discussion could include details and consequences of:

Services Australia will support the person’s decision about whether and how to pursue collection of child support.

Services Australia recognises that a person at risk may adopt one course of action for a period of time and may later adopt another course if the situation has changed. Services Australia will provide a person at risk with their options and encourage them to discuss their case if their situation changes.

Proceeding or withdrawing an application

During an initial discussion with the child support applicant, an officer may become aware that the applicant may be at risk. The applicant will be advised that continuing with the application means that Services Australia will need to contact the other party to the assessment.

If the applicant has concerns about that contact, they can choose to withdraw the application and apply for an exemption from the FTB MAT. The applicant will be advised of the option to reapply for child support if an exemption is not granted. A child support assessment will only apply from the date an application is made. A later application means a child support assessment will start from the later date.

If the applicant chooses not to withdraw their application, the application process will proceed.

Child support collection options

The person who receives child support (the payee) determines if child support will be paid directly to them by the payer (private collect), or if Services Australia will be responsible for collecting the child support and paying it to them (agency collect). In either case, if one parent is at risk of, or experiencing, family and domestic violence Services Australia will take particular care to manage the case in a sensitive and appropriate manner and may refer the parent to other organisations for support.

Private collect

In a private collect arrangement, the payee and payer have joint responsibility for agreeing to and managing the payment of child support from one parent to another. Services Australia is unable to enforce the payment of child support in a private collect arrangement. If the private collect arrangement is not working – if payments are not being made in full or in a timely manner – the payee can ask Services Australia to collect their child support payments.

If a payee asks Services Australia to collect their child support payments, they can also apply for Services Australia to collect amounts the payer did not pay in the 3 months immediately before the date the payee requests agency collect (up to 9 months in exceptional circumstances) (5.1.4).

Services Australia will explain to parents how private collect arrangements interact with a payee’s FTB entitlement, and potential impacts on their entitlement if there are retrospective changes in the child support assessment (particularly if the payee becomes eligible for more child support) (FA Guide 3.1.5.55) (5.1.4).

Agency collect

In an agency collect arrangement, Services Australia is responsible for collecting child support from the payer and paying it to the payee.

Services Australia has extensive enforcement powers to collect child support. These powers include the ability to deduct child support from salary or wages (5.2.3) and certain income support payments (5.2.5), intercept tax refunds (5.2.8) and garnishee funds from bank accounts (5.2.9).

When a payee’s child support is agency collect, they can choose for their FTB maintenance income estimate to take their child support payments into account using either the disbursement or entitlement method. The disbursement method may be more appropriate for payees who receive their child support payments irregularly or who are not being paid.

CS Guide 1.8 provides information on the interaction between child support and FTB, including the disbursement and entitlement method.

Ending a child support assessment due to family & domestic violence

A payee can elect to end their child support assessment (2.10.2). Services Australia will end the assessment for children in the payee’s care and advise the payee they can reapply for a child support assessment at any time in the future.

If the payee is identified as at risk of family and domestic violence, they may be granted an exemption from the MAT (FA Guide 3.1.5.70). A payee can elect to end their child support assessment whether or not a MAT exemption is granted.

When Services Australia accepts a payee's election to end a child support assessment due to the threat of family and domestic violence, details of why the case was ended will be recorded in their case records.

A payer who is at risk of, or experiencing family and domestic violence is not able to elect to end their child support assessment.

Reporting threats of family & domestic violence

Services Australia will make a record of any conversation with a person threatening violence. The record may be required as evidence in court proceedings.

Where a person makes a threat against another person, including children, Services Australia will consider whether the matter should be reported to the police. Services Australia is not required to consult with a threatened person before reporting the matter to the police (CSRC Act section 16(3) and CSA Act section 150(3)).

The secrecy provisions in the child support legislation allow Services Australia to disclose the threat of family and domestic violence to the police. (CSRC Act section 16(3) and CSA Act section 150). The disclosure for the purposes of the child support legislation is necessary to prevent or lessen a threat to the life, health or welfare of a person to a relevant authority.

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