Transmittal of Child Support information (excluding New Zealand) 277-08320000

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Policy

Child Support Guide 1.5.1 Australia's international maintenance arrangements

Child Support Guide 1.5.2 International agreements & conventions

Child Support Guide 1.5.3.20 Registering overseas maintenance liabilities for collection

Legislation

Links to the Federal Register of Legislation site goes to an 'All versions' page. Select the 'Latest' version.

Child Support (Assessment) Act 1989

section 3, Objects of Act
section 116, Evidence

Child Support (Registration and Collection) Act 1988

section 30A, Enforcement of Australian Liabilities Overseas

Child Support (Registration and Collection) Regulations 2018

Section 10, Reciprocating jurisdictions
Section 16, Enforcement of Australian liabilities in reciprocating jurisdictions - exceptions
Schedule 2, Reciprocating jurisdictions

Section 43A of the Maintenance Orders (Reciprocal Enforcement) Act 1972

When a request is made to the Scottish Executive Justice Department for the enforcement of a Maintenance Order or for a court hearing for an application for maintenance, solicitors are appointed to act on behalf of the claimant to assist with court action or enforcement and they will require to be paid for their services. Under section 43 of the above Act, these services can be paid for from Scottish Legal Aid Board funds provided an application made in Scotland is accompanied by this completed certificate. The appointed solicitor will make the application on behalf of the claimant.

If the reciprocating authority operates a system of administrative assistance through a public or state office in pursuance of a maintenance order and there is no requirement to pay costs or expenses, then the certifying authority should issue this certificate where the maintenance claimant qualifies in that respect.

Delegations and authorisations

Overseas team Service Officer is authorised to:

make a decision to accept or refuse a case referral. If the decision is to refuse, this must be reviewed by an International Non-Compliance Team Leader (TL)
request transmittal package be sent to Central Authority. A Service Support Officer (SSO) must review the transmittal package prior to sending to the Team Leader for approval
withdraw a transmittal

An Overseas TL is authorised to:

accept a transmittal package for translation
approve sending transmittal package to Central Authority

Child Support Services, Delegations and Authorisations.