Reviewing the Child Support Scheme
The Joint Select Committee on Australia’s Family Law System recommended improvements to the Child Support Scheme.
Inquiry into Australia's family law system
In 2019, the Joint Select Committee on Australia’s Family Law System(Opens in a new tab/window) held an inquiry into Australia’s family law system. Its Third Interim Report made 19 child support recommendations(Opens in a new tab/window). On 25 January 2023, the government tabled its response to the committee’s recommendations(Opens in a new tab/window).
Implementing the Joint Select Committee’s recommendations
We are responsible for implementing some of the child support recommendations. Services Australia and the Attorney-General’s Department are responsible for others.
The government is committed to fulfilling its response to the committee’s key recommendations including to:
- establish a Child Support Stakeholder Consultation Group to advise the government on how to improve operation of the scheme
- establish a Child Support Expert Panel to help us review the child support formula to determine if an update is needed
- review compliance in the scheme, with a focus on making sure payments are collected
- review how the scheme and Family Tax Benefit work together to make sure vulnerable single parent families are financially supported after separation
- evaluate separated families to understand how to support parents with caring responsibilities where private collection arrangements have broken down.
The table outlines the 19 child support recommendations made by the committee, the government’s response, and the agency responsible for the recommendation.
| Recommendation | Recommendation summary | Australian Government response | Lead agency |
|---|---|---|---|
| 1 | Enhance services through Services Australia, particularly for clients with a disability and/or low levels of English proficiency. | Agreed | Services Australia |
| 2 | Fully implement recommendations 1 and 18 of the 2015 Parliamentary Inquiry into the Child Support Program. | Agreed in principle | Services Australia |
| 3 | Reconvene regular meetings of the Child Support National Stakeholder Engagement Group, or an equivalent forum, to ensure stakeholder voices are heard. | Agreed | DSS |
| 4 | Undertake a 12 month pilot of co-locating Child Support Scheme officers, as Court Liaison Officers, in a number of Federal Circuit and Family Court of Australia registries. | Agreed in principle | Services Australia/AGD |
| 5 | Engage with stakeholders to assess their data needs, and publish these datasets where possible. | Agreed | DSS |
| 6 | Regularly assess the compliance rates of Private Collect arrangements and publish the resulting information. | Noted | DSS |
| 7 | Reconsider the feasibility of conducting a trial of a limited financial guarantee for either vulnerable families or a randomised sample of Child Support Scheme clients. | Noted | DSS |
| 8 | The Productivity Commission to undertake an inquiry into the Child Support Scheme to review compliance with child support assessments. | Agreed in principle | DSS |
| 9 | Amend the Child Support (Assessment) Act 1989 to allow Services Australia, as the Child Support Registrar, to accept child support applications using accredited DNA evidence without a court order. | Agreed in principle | DSS |
| 10 | Amend the Child Support (Assessment) Act 1989 to allow Services Australia, as the Child Support Registrar, to end child support assessments using accredited DNA evidence without a court order. | Agreed in principle | DSS |
| 11 | Amend section 4 of the Family Law Act 1975 to recognise persistent underpayment and/or non-payment of child support as relevant factors in determining the existence of abuse. | Noted | AGD |
| 12 | Staff within Services Australia to undertake enhanced training to ensure they can identify family and domestic violence in child support cases, and are equipped to provide timely advice and assistance. | Agreed | Services Australia |
| 13 | Consider the benefits of introducing lump sum child support payments into child support legislation, akin to the Family Law Act 1975. | Agreed in principle | DSS |
| 14 | Establish a Ministerial Taskforce and Expert Working Group to examine issues raised regarding the Child Support Scheme. | Agreed in principle | DSS |
| 15 | Services Australia to update and enhance public information relating to the 3-year additional income exemption. The exemption should be clearly brought to a payee’s attention at the earliest opportunity, preferably the first communication by Services Australia. | Agreed | Services Australia |
| 16 | Consider whether child support assessments should be automatically changed to reflect amended court orders. | Agreed in principle | DSS |
| 17 | Undertake a review of interim-care provisions so that they better support compliance with family law orders. | Agreed in principle | DSS |
| 18 | Update the Costs of the Children Table to reflect the current costs of raising children in Australia. | Agreed | DSS |
| 19 | Amend the Cost of the Children Table to better reflect the costs of raising 4 or more children. | Agreed in Principle | DSS |
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