Section 107 and Section 143 orders for Child Support customers 277-05020000

From 1 July 2018 amendments have been made to allow more types of recovery orders to be registered:

• As well as recovery orders made if an s107 order has been made, Child Support may register for collection recovery orders made if s106A order has been overturned. (A 106A order is a declaration that a person should be assessed in respect of the costs of a child)
• Recovery orders made with respect to amounts under a registered maintenance liability that were Child Support collect and were overpaid because of a variation that resulted in the case being cancelled or a child being removed from the case from the start date of the liability

For recovery orders made other than in relation to an s107 order, the order must have been made under the amended s143 before it could be registered.

Section 107 of the Child Support (Assessment) Act 1989 provides that a person can apply to a court for a declaration that the person should not be assessed in respect of the costs of the child because the person is not a parent of the child. The reason for a person to make a s107 application is where the person disputes paternity of the child concerned.

An application for a declaration under s107 should not be made if a court has already declared under section 106A that the payer should be assessed in respect of the costs of the child. The payer has the option to lodge an appeal against the section 106A declaration. However, if the court does make a declaration under s107 in these circumstances Child Support will give effect to the order.

From 1 July 2018 if a payer is successful in having a section 106A declaration overturned on appeal, and where a court has made an order under Child Support (Assessment) Act section 143 requiring the former payee to repay an amount to the former payer, the Registrar can register the order and recover these amounts.

A person applying for a s107 declaration is obliged to serve a copy of their application upon Child Support, as well as serving a copy upon the respondent i.e. the payee. If a person applies for a declaration Child Support must suspend payments to the payee for that child until the court makes a decision. See the Child Support Guide 4.3.2: Applications and orders about decisions under the Assessment Act.

From 1 January 2007 where a court has made a declaration under s107 and child support has been paid to the payee for that child, the court must immediately consider making a s143 order (a Parentage Overpayment Order). A s143 order allows the person to recover some or all of the child support paid to the payee. See the Child Support Guide 3.1.2: Parentage overpayment orders.

Where a s143 order is made, it will be registrable as a maintenance liability and can be collected by Child Support. These monies can be collected in the same way as most child support liabilities including tax refund intercepts.

Service Officer 2 (SO2)

• responsible for recording and actioning the s107 application
• receipt and record a s107 or s143 application

Service Officer 3 (SO3) and above

• register or refuse a s143 - Overpayment Order
• action the outcome of the application, because of the complexity, it should be usual practice that s143 applications and decisions are actioned by a SO4 or above

Service Officer 5 (SO5)

• action the outcome of a s107 application

Service Support Officer (SSO)

• providing advice on complex issues or when Service Officer(s) require assistance ensuring that applications and decisions of the court are adhered to and actioned correctly