Commonwealth Consolidated Acts

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CHILD SUPPORT (ASSESSMENT) ACT 1989 - SECT 106A

Declaration that a person should be assessed in respect of the costs of the child

             (1)  This section applies if:

                     (a)  the Registrar refuses to accept from an applicant an application for administrative assessment of child support for a child under subsection 30(2); and

                     (b)  one of the reasons for the Registrar so refusing was that the Registrar was not satisfied under section 29 that a person who was to be assessed in respect of the costs of the child is a parent of the child.

Applications for declarations

             (2)  An application may be made to a court having jurisdiction under this Act for a declaration that:

                     (a)  if the reason referred to in paragraph (1)(b) was the only reason for the Registrar refusing to accept the application--a person should be assessed in respect of the costs of the child because the person is a parent of the child; and

                     (b)  if the reason referred to in paragraph (1)(b) was one of the reasons for the Registrar refusing to accept the application--the Registrar should reconsider the application under Division 2 of Part 4 because a person who was to be assessed in respect of the costs of the child is a parent of the child.

             (3)  The application must be made within:

                     (a)  the time prescribed by the applicable Rules of Court; or

                     (b)  such further time as is allowed under the applicable Rules of Court.

Parties

             (4)  Subject to section 145 (Registrar may intervene in proceedings), the parties to the proceeding are:

                     (a)  if the application for administrative assessment was made under section 25--each person who was to be assessed in respect of the costs of the child; and

                     (b)  if the application for administrative assessment was made under section 25A--the non-parent carer who made the application and the person in respect of whom the declaration is sought.

Declarations

             (5)  The court may grant the declaration if the court is satisfied that:

                     (a)  if the reason referred to in paragraph (1)(b) was the only reason for the Registrar refusing to accept the application--the person should be assessed in respect of the costs of the child because the person is a parent of the child; or

                     (b)  if the reason referred to in paragraph (1)(b) was one of the reasons for the Registrar refusing to accept the application--the Registrar should reconsider the application under Division 2 of Part 4 because the person who was to be assessed in respect of the costs of the child is a parent of the child.

             (6)  If the court grants the declaration:

                     (a)  if the reason referred to in paragraph (1)(b) was the only reason for the Registrar refusing to accept the application--the Registrar is taken to have accepted the application for administrative assessment of child support; and

                     (b)  if the reason referred to in paragraph (1)(b) was one of the reasons for the Registrar refusing to accept the application--the Registrar must reconsider the application under Division 2 of Part 4.



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