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.

3.4.1 Requirement to advise the Registrar of new order or affecting event

Context

A payee of a registered maintenance liability must notify the Registrar of new orders, court registered agreements or events which vary or affect the liability. The payer can apply to have the particulars of the Register changed if a new order or court registered agreement has been made, or if an event has occurred that affects the liability.

Act references

CSRC Act section 4, section 33, section 34, section 35, section 36, section 37

Court orders, registered maintenance agreements & affecting events

After an Australian court makes an order or registers a maintenance agreement that varies or affects a registered maintenance liability (including a recovery order) (3.1.2), the payee of that registered maintenance liability must notify the Registrar (CSRC Act section 33).

The payee must also advise the Registrar if an affecting event happens under the terms and conditions of an Australian court order or maintenance agreement in relation to a registered maintenance liability. This requirement does not relate to child support assessments or to registered overseas maintenance liabilities (CSRC Act section 34).

An affecting event is any event that varies the liability, otherwise affects the liability or is a terminating event for the liability (CSRC Act section 4). The kinds of events that would be an affecting event would depend upon the terms of the court order or court registered agreement. For details of terminating events for:

  • child maintenance orders, see 3.1.3
  • spousal maintenance orders, see 3.1.5, and
  • court registered agreements, see 3.1.6.

The payer can apply to have the Register varied to give effect to an Australian court order or court registered maintenance agreement that varies or affects a registered maintenance liability other than a child support assessment, or to recognise the happening of an affecting event that affects a registered maintenance liability other than a child support assessment (CSRC Act section 35).

The Registrar must vary the Register on receipt of the notification by the payee or an application by the payer (CSRC Act section 36).

The Registrar can also vary a registered maintenance liability if the Registrar is of the opinion that an order has been made, a court has registered an agreement, or that an affecting event has happened, to allow the Registrar to act upon advice received from a court, the payer, payee or another person, where appropriate (CSRC Act section 37).

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