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.

8.4.1 The Registrar's power to recover debt through litigation

Context

Once a registrable maintenance liability (1.1.R.40) (7.4.1.30) is registered for agency collect (1.1.A.50), the amounts payable are debts due to the Commonwealth by the payer (1.1.P.40). Carer debts (1.1.C.30) are also debts that are due to the Commonwealth (8.1.1).

These debts are enforceable by the Registrar and may be recovered through court proceedings brought by either the Registrar or the payee (1.1.P.30). This page discusses the Registrar's power to bring proceedings. The payee's right to bring proceedings to recover debts is discussed in 8.4.6 and 8.4.8.

Registrar's power to take recovery action

The Registrar can commence court action in any court having jurisdiction under the Act.

Act reference: CSRC Act section 113 Recovery of debts etc.

Representation of the Registrar in proceedings

In any enforcement action or prosecution under the CSRC Act or any action which arises out of the Act, the Registrar may be represented by:

  • a person enrolled as a barrister, solicitor or legal practitioner of a federal court or the Supreme Court of a state or territory, or
  • a person the Registrar or his delegate has authorised in writing to appear.

When a person appears in court proceedings and states that they appear by authority of the Registrar or his delegate, it is prima facie evidence that the person is authorised. The court will accept that the person is authorised unless there is evidence that the person is not authorised. See 6.1 for more information about authorisations.

Act reference CSRC Act section 117 Appearance by Registrar etc.

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