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Responding to requests from overseas authorities (excluding New Zealand) 277-08330000

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Reciprocating jurisdictions and residency for child support

Letters to overseas authorities

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.
\\INTERNAL.DEPT.LOCAL\Shared\NAT\SERDELEXCEL\WORKPRODIMP\Operation Blueprint Migration\RDT Release Icons\32w\icon-hidden-attachment.pngReciprocating Jurisdiction A guide for Services Australia Child Support staff
\\INTERNAL.DEPT.LOCAL\Shared\NAT\SERDELEXCEL\WORKPRODIMP\Operation Blueprint Migration\RDT Release Icons\32w\icon-hidden-attachment.pngChild 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.