Legislation
Australian Hearing Services Act 1991
The Australian Hearing Services Act 1991 establishes Australian Hearing Services (s 7) with the primary functions of providing hearing services, carrying out research and development in relation to hearing services and acoustic development, and conducting education about hearing services, in addition to any other functions conferred on the Authority (s 8). The power to perform these functions is exercised by the Authority (s 9) a body corporate governed by a Board of Directors (ss 7, 13, 14, 15 and 16), which is subject to the direction of the Minister for Human Services (s 12). The Managing Director manages the Authority, under the Board (s 42).
Child Support (Assessment) Act 1989
The principal object of the Child Support (Assessment) Act 1989 is to ensure that children receive the proper level of child support from their parents (s 4). Under the Act, parents of a child have a duty to maintain their child according to their capacity to pay (s 3). The Act allows the Child Support Registrar to assess the level of financial support payable by parents. The Act encourages parents to make their own private arrangements for the financial support of their child(ren) (s 4). The Act also ensures that Australia is in a position to give effect to its obligations under international agreements and arrangements, which relate to maintenance obligations arising from a family relationship, parentage or marriage (s 4).
Child Support (Registration and Collection) Act 1988
The Child Support (Registration and Collection) Act 1988 provides for the collection of periodic maintenance payments for the financial support of a parent's children. The principal object of this Act is to ensure regular and timely financial support of children (s 3). The Act also ensures Australia is in a position to give effect to its obligations under international agreements and arrangements, which relate to maintenance obligations arising from a family relationship, parentage or marriage (s 3). The Child Support Registrar is the General Manager of the Child Support Agency (s 10). Under this Act, the Child Support Registrar can register liabilities arising under administrative assessments, child support agreements and court orders. Registration allows the Child Support Registrar to collect and transfer payments of child support and take enforcement action where necessary, through administrative means or application to the court.
Child Support Legislation Amendment (Reform of the Child Support Scheme – Initial Measures) Act 2006
The Child Support Legislation Amendment (Reform of the Child Support Scheme – Initial Measures) Act 2006 implements the first stage of the reforms to the Child Support Scheme from 1 July 2006. The Child Support Scheme legislation increases the minimum child support payment and provides for CPI adjustments (Schedule 1), reduces the maximum amount of child support to align child support with the actual costs of raising a child(ren) (Schedule 2), sets out further details on how a parent’s capacity to earn is assessed (Schedule 3), and increases the limit on non-agency payments that contribute to child support from 25 to 30 percent (Schedule 4).
Child Support Legislation Amendment (Reform of the Child Support Scheme – New Formula and other Measures) Act 2006
The Child Support Legislation Amendment (Reform of the Child Support Scheme – New Formula and other Measures) Act 2006 implements stage 2 and 3 of the reforms to the Child Support Scheme commencing on 1 January 2007 and 1 July 2008, respectively. From 1 January 2007 the Child Support legislation establishes external independent review of Child Support Agency decisions through the Social Security Appeal Tribunal and sets out the interrelationship between the Child Support Scheme and the courts on issues of debt collection, information gathering and stay orders (Schedules 3 and 4). From 1 July 2008 the Child Support legislation will introduce a new formula assessing child support according to each parent’s capacity to meet the costs of raising children, (Schedules 1, 2, 6 and 7), provide for arrangements in relation to child support agreements (Schedule 5) and provide alignment and consistency between the Child Support Scheme and the Family Tax Benefit System (Schedule 8).
Commonwealth Services Delivery Agency Act 1997
The Commonwealth Services Delivery Agency Act 1997 establishes the Commonwealth Services Delivery Agency (commonly known as Centrelink) (s 6) with the primary functions of providing services for the Commonwealth under service arrangements (s 7), in addition to any other functions conferred on the Chief Executive Officer of Centrelink (s 8). The power to perform these functions is exercised by the Chief Executive Officer of Centrelink, who is subject to the direction of the Minister for Human Services (s 9). The Chief Executive Officer is also responsible for the day-to-day administration of Centrelink (s 11).
Medicare Australia Act 1973
The Medicare Australia Act 1973 establishes Medicare Australia (s 4) with the primary functions of administering Medicare (ss 5 and 6), carrying out functions conferred by other Acts (s 5) such as the Medical Indemnity Act 2002, providing services for the Commonwealth under service arrangements (ss 5 and 7) and functions conferred by Ministerial direction or regulation (s 5). The power to perform these functions is exercised by the Chief Executive Officer of Medicare Australia, who is subject to the direction of the Minister for Human Services (s 8). The Chief Executive Officer of Medicare Australia is responsible for the day-to-day administration of Medicare Australia (s 8AB).