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Reciprocating jurisdictions and residency for child support
Letters to overseas authorities
Services Australia has endorsed the letter or electronic message for use. It is the latest version. Do not use locally produced letters or electronic messages.
SP8.00 – Overseas authorities confirm a person resides in Australia
SP9.00 – Overseas authorities contact the requester for further information
SP10.00 – Overseas authorities no application has been included with the request
SP11.00 – Unable to provide information
Guides
Do not share these attachments externally. See Freedom of Information - Information Publication Scheme.
Reciprocating Jurisdiction A guide for Services Australia Child Support staff
Child and Spousal Support Caseworker Guide: Canada-Australia
Combining international maintenance arrangements and section 121B
This table explains combining international maintenance arrangements and section 121B.
Agreement | Does the agreement meet section 121B requirements? |
United National Convention on the Recovery Abroad of Maintenance (UNCRAM) | If the agency has not received an application to establish or recognise a maintenance liability under this Convention information about a person is unable to be provided to an overseas authority, other than the exception below. There is no provision in the Convention that expressly provides for the sharing of information pre application - so section 121B(b) would not be satisfied. If the agency has received an application to establish or recognise a maintenance liability under this Convention then certain information can be exchanged. The information exchanged must only be for the purposes of Child Support legislation and the Convention. Exception If the request for information is from an overseas authority and is for the purpose of this Convention and no application has been received then the agency can only provide the overseas authority with confirmation that the person is in Australia. The overseas authority can then forward the application. Note: in this circumstance do not provide any other information regarding the person including address, customer or case numbers. |
1973 Hague Convention on the Recognition and Enforcement of Decisions | If the agency has not received an application to recognise and enforce a maintenance liability under this Convention information about a person is unable to be provided to an overseas authority other than the exception below. There is no provision in the Convention that expressly provides for the sharing of information pre application so section 121B (b) would not be satisfied. If the agency has received an application to recognise and enforce a maintenance liability under this Convention then certain information can be exchanged. The information exchanged must only be for the purposes of Child Support legislation and the Convention. Exception If the request for information is from an overseas authority and is for the purpose of this Convention and no application has been received then the agency can only provide the overseas authority with confirmation that the person is in Australia. The overseas authority can then forward the application. Note: in this circumstance do not provide any other information regarding the person including address, customer or case numbers. |
Agreement between Australia and the United States of America | If the agency has not received an application for a maintenance obligation under this Agreement information about a person is unable to be provided to an overseas authority in the U.S other than the exception below. There is no provision in the Agreement that expressly provides for the sharing of information pre application so section 121B (b) would not be satisfied. If the agency has received an application for a maintenance obligation under this Agreement then certain information can be exchanged. The information exchanged must only be for the purposes of Child Support legislation and the Agreement. Exception If the request for information is from a U.S. overseas authority and is for the purpose of this Agreement and no application has been received then the agency can only provide the overseas authority with confirmation that the person is in Australia. The overseas authority can then forward the application. Note: in this circumstance do not provide any other information about the person, including address, customer or case numbers. |
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