Determination of percentage of care
Percentage of care11.96 The ‘percentage of care’ is the amount of time a parent or carer provides care for a child (also referred to as the ‘care percentage’). A person must provide at least 35% of care to be eligible for both child support payments and FTB.[99] 11.97 The percentage of care is used in …
Publications
Read morePersonal information and information exchange
Disclosure of personal informationInformation exchange10.29 Child support legislation requires that the CSA disclose information about one party to the other party at certain stages of a child support case. A key point at which the CSA is required to exchange personal information is when making a child support assessment. Pursuant to s 76 of the …
Publications
Read moreCommon interpretative framework
Definition of family violence9.61 As discussed in Chapter 3, the child support legislation does not include a definition of family violence. A broad definition is, however, contained in the Child Support Guide:Family violence covers a broad range of controlling behaviours. They are commonly of a physical, sexual, and/or psychological nature, and typically involve fear, harm, …
Publications
Read moreAssessment and collection of child support
Ending a child support assessment9.68 The CSA identifies family violence as a common reason for a payee to end an assessment—that is, ending a child support case.[47] A payee may end a child support assessment pursuant to the Child Support (Assessment) Act.[48] However, where a payee receives more than the base rate of FTB Part …
Publications
Read moreLegal and policy framework
Objectives of the child support scheme9.25 Associate Professor Bruce Smyth has described the policy ‘backbone’ of the child support scheme:The Scheme was designed to ensure that: (a) children of separated or divorced parents receive adequate financial support; (b) both parents contribute to the cost of supporting their children according to their respective capacities to do …
Publications
Read moreSummary
5.1 Together with Chapters 6–8, this chapter provides an overview of Commonwealth social security law and examines options for reform of the social security legislative framework to improve the safety of people who have experienced, or are experiencing, family violence.5.2 This chapter examines the social security frameworks relevant to this Inquiry—the legal framework and the …
Publications
Read moreInterpretative framework
Definition of family violence5.39 As discussed in Chapter 3, the Social Security Act refers to ‘domestic violence’ or ‘domestic or family violence’ in a range of contexts. Neither the Social Security Act nor the Social Security (Administration) Act contains a definition of domestic or family violence. The Guide to Social Security Law refers to a …
Publications
Read moreVerifying family violence
5.54 As discussed above, social security law is ‘beneficial’ legislation. Social security payments are provided to people on the basis of ‘need’. While ensuring that the claims of people who are experiencing family violence are genuinely met, there is also a need to ensure that unintended outcomes or ‘system perversities’ are not created—a theme of …
Publications
Read moreBarriers to disclosure of family violence
4.20 In Family Violence—A National Legal Response, the ALRC and the NSW Law Reform Commission (the Commissions) identified a range of reasons for non-disclosure of family violence:A victim of family violence may hide the abuse due to feelings of shame, low self esteem or a sense that he or she, as the victim, is responsible …
Publications
Read moreScreening for family violence
4.27 Screening is the first step in a risk assessment process. Screening is ‘the systemic application of a test or enquiry (a series of questions) to identify individuals at sufficient risk of violence to benefit from further investigation or direct preventative action’.[33] Screening is therefore a safety precaution and not only helps identify those at …
Publications
Read more