Child Support's information gathering powers 277-04210000

Child Support has broad powers to seek information and require third parties to provide information. This does not allow Child Support to seek information casually or for just any purpose. Information may only be sought to administer the child support legislation.

Child Support can also require a person to attend a location, for example a Services Australia office, to provide information in person.

Child Support's proactive information gathering powers whether exercised formally or informally relies on 2 sections of legislation:

• s120 of the Child Support (Registration and Collection) Act 1988, and
• s161 of the Child Support (Assessment) Act 1989

Each section allows information to be sought for the purposes of the Act in which it appears. For example:

• s120 is used to seek information that will help to enforce collection, or to determine the outcome of an internal review (objection) of a decision. It cannot be used to seek information about incomes to amend a formula assessment (not under review) because formula assessments fall under the Assessment Act
• s161 is used to seek information that will help to make amendments to the particulars of a formula assessment, such as incomes. It cannot be used to seek information to help enforce collection or determine an objection as these fall under the Registration and Collection Act

Other sections do not provide proactive information gathering powers, but require customers to advise of certain changes, such as s160 of the Assessment Act and s111 of the Registration and Collection Act.

Information gathering must comply with the Australian Privacy Principles.

Note: the Administrative Review Tribunal can ask Child Support to use information gathering powers under s120 and s161 on their behalf.

In proceedings involving the recovery of child support debts by payees or overpayments by payers, the Court can issue notices under s120 in its own right.

Child Support will not try to get information from a child about any of the parents' child support issues.

Child Support will not accept statements made by a child in writing or verbally even if the statements are volunteered by the child. See References for a link to The Child Support Guide 6.2.2: Taking information from children.

Evidence can be considered if provided by the child/ren of the assessment who are at least 18 years of age for matters that relate to their own child support assessments.

S120 or s161 notices cannot be issued in relation to a customer who is a resident in a reciprocating jurisdiction and in respect of whom an international maintenance arrangement applies.

S121A of the Registration and Collection Act and s162A of the Assessment Act provide the same types of powers as s120 and 161 respectively, but they apply to the obtaining of information and evidence in relation to residents of reciprocating jurisdictions. If a s121A notice is required, contact a Service Support Officer (SSO) for support. See Technical support in Child Support. For information on issuing a s162A notice, see Income Processing for Child Support customers (International Parents).

S120 and s161 notices can be issued in relation to a customer who is incarcerated.

Remove prisoner identification from the About customer and Customer address sections to maintain the customer’s privacy. See Step 14 in the Issue s120/161 notice table to action this in Cuba.

If the third party requires an address to identify the correct customer, in Customer address manually add the previous address (address prior to incarceration).

Some authorities may ask for a fee be paid, before they comply with the request for information. These may be government authorities or information brokers, such as Equifax. In this case, look for other ways to get the information. If unsuccessful, ask a Service Support Officer (SSO) to help decide if the information is critical to justify the fee.

Not all organisations are entitled to charge a fee for complying with Child Support notices. For example, accountants, lawyers and medical professionals ordinarily charge their clients at a scheduled rate for their services. These professionals may ask Child Support to pay at a similar rate for what they see as a service. Complying with Child Support notices is their legal obligation. Child Support will not pay for their compliance.

Service Officers should not make unreasonable requests for information in these cases. For example, a request for information from an accountant should not require the accountant to produce 'special purpose financial statements' – documents created solely for the purpose of complying with a Child Support notice.

Service Officer

• Seek information through service of a notice or informally
• Document information gathered

Service Support Officer (SSO)

• Provide advice in the event of complex issues