This bill became law on Jun 23rd, 2023.
Welfare & housing
Services AustraliaThe government agency that administers child support on behalf of the Registrar and handles collection and case administration. can keep taking child support and related debts from an employee's wages even after an ongoing child support case has ended, so unpaid amounts can still be collected.
Gaps in child support law left Services AustraliaThe government agency that administers child support on behalf of the Registrar and handles collection and case administration. unable to keep collecting some debts through wages after a case ended, let some debtors seek overseas travel by offering security, and imposed clumsy income-reporting rules on low-income parents. The bill expands wage deductionA process where an employer is told to take child support money out of a worker's pay before they are paid. powers, tightens when travel permission can be refused, and lets eligible low-income parents use a simpler default income.
Australia’s child support scheme had operated since 1988, but by 2023 ministers and MPs said legal loopholes were stopping Services AustraliaThe government agency that administers child support on behalf of the Registrar and handles collection and case administration. from collecting some unpaid debts through wages after cases ended, allowing some debtors to seek overseas travel by offering security, and pushing some low-income parents onto inflated default incomes. Building on measures first funded in the 2021-22 Mid-Year Economic and Fiscal OutlookA budget update that is used here because earlier funding for stronger child support compliance was announced in it., the bill was introduced to tighten debt recovery and income rules, then passed in June 2023 so those collection and assessment changes could become law.
The main criticism was that the bill was too limited: it made useful technical fixes to debt collection and income assessments but did not tackle the much larger backlog of unpaid child support or wider problems affecting separated families. That concern was raised most clearly by the Greens, while other speakers still backed the bill and described it as only a first step needing broader reform.
Amanda Rishworth MP introduced this bill. It passed on the voices.
Did it become law?
Yes
Became law 23 June 2023
Final passage
Passed without a counted vote
Members called out ‘aye’ or ‘no’ — no individual votes were recorded.
Passage speed
86 days
From introduction to the latest recorded parliamentary step
Meaning
Services AustraliaThe government agency that administers child support on behalf of the Registrar and handles collection and case administration. can keep taking child support and related debts from an employee's wages even after an ongoing child support case has ended, so unpaid amounts can still be collected.
An employer deduction noticeA process where an employer is told to take child support money out of a worker's pay before they are paid. can stay in place when a person's child support liability changes, so wage deductions do not have to stop and restart because of a technical change.
A parent stopped from leaving Australia over unpaid child support can now be refused permission to travel even if they offer security, unless Services AustraliaThe government agency that administers child support on behalf of the Registrar and handles collection and case administration. expects proper repayment arrangements soon.
Low-income parents who do not need to lodge a tax return can have their child support income set at the self-support amountA low-income benchmark used here as the default income figure for some parents who do not have to lodge a tax return. instead of a higher default estimate.
The amendments provide for the Registrar using the employer withholding provisions of the Child Support Registration and Collection Act to collect deductible liabilities where a person’s ongoing child support liability has ended, but they still have outstanding child support and related debts.Social Services Legislation Amendment (Child Support Measures) explanatory memorandum
Item 8 adds new subsection 45(4), to avoid doubt, which clearly maintains the effectiveness of a notice to an employer to make deductions from a payer’s wages, even if the nature of the underlying liability changes.Social Services Legislation Amendment (Child Support Measures) explanatory memorandum
These amendments will mean that if the Registrar is not satisfied it is likely that arrangements will be made for the person’s liability to be wholly discharged within a reasonable period of time, the Registrar will be able to refuse to issue a certificate even if appropriate security is offered. These amendments will not affect the Registrar’s obligation to issue a certificate if satisfied it should be issued on humanitarian grounds, or if refusal to issue would be detrimental to Australia’s interests.Social Services Legislation Amendment (Child Support Measures) explanatory memorandum
This amendment simplifies child support income reporting requirements for low income parents, where the parent is not required to lodge a tax return. It will allow the Registrar to determine the amount of the person’s adjusted taxable income for that year to be the relevant child support self-support amount.Social Services Legislation Amendment (Child Support Measures) explanatory memorandum
Context
Australia’s child support scheme had operated since 1988, but by 2023 ministers and MPs said legal loopholes were stopping Services AustraliaThe government agency that administers child support on behalf of the Registrar and handles collection and case administration. from collecting some unpaid debts through wages after cases ended, allowing some debtors to seek overseas travel by offering security, and pushing some low-income parents onto inflated default incomes. Building on measures first funded in the 2021-22 Mid-Year Economic and Fiscal OutlookA budget update that is used here because earlier funding for stronger child support compliance was announced in it., the bill was introduced to tighten debt recovery and income rules, then passed in June 2023 so those collection and assessment changes could become law.
Australia establishes the child support scheme
The Hawke government created the national child support scheme to make regular financial support from both parents more reliable after separation.
Hansard ↗Budget funding backs stronger child support compliance
The former coalition government committed $7.8 million in the 2021-22 Mid-Year Economic and Fiscal OutlookA budget update that is used here because earlier funding for stronger child support compliance was announced in it. to recover child support debts in more circumstances, including two measures later carried by this bill.
Hansard ↗Government introduces a bill to close child support loopholes
The government said the bill would fix gaps that hindered debt collection and unfairly affected low-income parents, beginning its parliamentary push for reform.
Parliamentary timeline ↗Government says the changes could return more than $160 million
During debate, Labor said the bill would close loopholes and recover more than $160 million of unpaid child support for single parents and their children.
Hansard ↗Parliament passes the bill
Both houses passed the bill in the same form, clearing the way for the new debt recovery, departure prohibition and income assessment rules to take effect.
Parliamentary timeline ↗Royal AssentThe final step that turns a passed bill into an Act of Parliament. turns the bill into law
Royal AssentThe final step that turns a passed bill into an Act of Parliament. completed the bill’s passage and made the child support changes an Act of Parliament.
Parliamentary timeline ↗Legislative route
The bill was formally presented to the chamber and read a first time, which starts its parliamentary journey.
Introduced and read a first time
A minister or sponsoring member moved the second reading, opening the main debate on the bill's purpose and principles.
Second reading moved
The bill reached this recorded parliamentary step.
Considered by scrutiny committee (09/05/2023): Parliamentary Joint Committee on Human Rights; Report 8 of 2023
Considered by scrutiny committee
APH bill page notesThe bill reached this recorded parliamentary step.
The chamber agreed to the bill at second reading, meaning it accepted the bill in principle and allowed it to continue.
Second reading agreed to
The chamber agreed to the bill at third reading, which completed passage through that chamber.
Third reading agreed to
The bill was formally presented to the chamber and read a first time, which starts its parliamentary journey.
Introduced and read a first time
A minister or sponsoring member moved the second reading, opening the main debate on the bill's purpose and principles.
Second reading moved
Considered by scrutiny committee (10/05/2023): Senate Standing Committee for the Scrutiny of Bills; Scrutiny Digest 5 of 2023
Considered by scrutiny committee
APH bill page notesThe bill reached this recorded parliamentary step.
The chamber agreed to the bill at second reading, meaning it accepted the bill in principle and allowed it to continue.
Second reading agreed to
The chamber agreed to the bill at third reading, which completed passage through that chamber.
Third reading agreed to
Both houses passed the bill in the same form, completing parliamentary passage.
Finally passed both Houses
The Governor-General gave Royal AssentThe final step that turns a passed bill into an Act of Parliament., turning the bill into an Act.
Key criticism
The main criticism was that the bill was too limited: it made useful technical fixes to debt collection and income assessments but did not tackle the much larger backlog of unpaid child support or wider problems affecting separated families. That concern was raised most clearly by the Greens, while other speakers still backed the bill and described it as only a first step needing broader reform.
No party represented in the debate opposed the bill, but some support was plainly conditional on further reform.
Too narrow to fix deeper problems
Critics said the bill dealt with a few practical loopholes but left the bigger problems in the child support system unresolved, including the large stock of unpaid support and the broader pressures facing women, especially those affected by family violence.
Further sources
Votes
The bill passed both chambers on the voices, so there is no list of individual Aye and No votes for final passage.
House agreed to the bill's third reading on the voices, so there is no list of individual Aye and No votes for final passage in that chamber.
Passed on the voices
In a voice vote, members call out Aye or No and the presiding officer judges which side has it. Individual names are only recorded if a formal division is called.
Senate agreed to the bill's third reading on the voices, so there is no list of individual Aye and No votes for final passage in that chamber.
Passed on the voices
In a voice vote, members call out Aye or No and the presiding officer judges which side has it. Individual names are only recorded if a formal division is called.
Parliamentary debate
Start here — lead voices
Amanda Rishworth supports the bill and says it will improve child support debt recovery, stop loopholes, and better protect low-income parents from inaccurate assessments.
Read in Hansard ↗Ruston says the coalition will support the bill because it improves child support debt recovery and helps prevent new debts for low-income parents.
Read in Hansard ↗Kate Thwaites supports the bill as a first step to make child support fairer and more effective for families.
Read in Hansard ↗Tim Ayres supports the bill and says it will strengthen child support collection, reduce debts, and better reflect the low incomes of parents who are not required to lodge tax returns.
Read in Hansard ↗All speeches by bloc
7 speakers · 8 contributions · 7 support
“Child support is too important a system to leave as it is at the moment. As I've said, it is a system that, for many families, works in a reasonable way, and many families are satisfied with the measures and the way the system currently works for them. But there are certainly many families who have difficulties with this system, and we know that in many cases it is women who are suffering as a result of some of the problems that remain in the system. We know that there are opportunities for the system to be used to further financial abuse in relationships where there has been abuse. We know that sometimes the system is not operating as it should to give children the support they should have through life. For all those reasons, this is an important bill.”Read the full speech in Hansard ↗
“This Bill is a first step to make the scheme better for parents and children. It implements our commitment, outlined in our response to parliament's family law inquiry, to legislate the child support measures first announced in the 2021-22 MYEFO.”Read the full speech in Hansard ↗
Hansard records 2 separate contributions by Amanda Rishworth on this bill. They are grouped here so the speaker is listed once.
Second reading speech
Amanda Rishworth supports the bill and says it will improve child support debt recovery, stop loopholes, and better protect low-income parents from inaccurate assessments. She presents it as a first step in strengthening the scheme and says the government will keep working on longer-term reforms.
“This bill is a first step to make the scheme better for parents and children. It implements our commitment, outlined in our response to parliament's family law inquiry, to legislate the child support measures first announced in the 2021-22 MYEFO.”Read this contribution in Hansard ↗
Second reading speech
Rishworth supports the bill as an important first step to strengthen child support debt collection and make assessments fairer and more accurate. She says it will help recover unpaid support for low-income parents and children, and she wants further reforms later.
“The Albanese government is committed to improving the child support system over the long term, and this bill is an important first step. Firstly, it will strengthen debt collection powers to make sure parents and children get the support they need. Secondly, it will improve the quality of assessments under the scheme, making arrangements fairer and more accurate.”Read this contribution in Hansard ↗
“I rise today also to speak in support of the Social Services Legislation Amendment (Child Support Measures) Bill 2023. As we've heard many speakers say, this bill will make the child support scheme better and fairer for Australian families and these improvements are very much needed to make this scheme much more effective and essentially fairer.”Read the full speech in Hansard ↗
“The intent of this bill is to make it easier for Services Australia to collect child support debts, and I'm proud to be part of the government that is helping it to do so because I believe the needs of children should be paramount: it's a great investment. Moreover, our proposed changes will help prevent future debts being accrued by low-income parents. Nobody wins from those sorts of debt traps.”Read the full speech in Hansard ↗
“All in all, with this bill, we take the next step towards a better and fairer child support system. We know it will make a substantial difference to the lives of so many families in my electorate, who come to me and talk about this issue. We have listened and we, the Albanese government, are acting. We also recognise that there is more work to do when it comes to improving child support. That's why our government has committed to this bill and to implementing the recommendations of the report from the Joint Select Committee on Australia's Family Law System.”Read the full speech in Hansard ↗
“The changes in this bill will make a difference to the lives of custodial parents and their children in my electorate. It will offer better financial security and it will make paying parents accountable for their responsibilities. However, the government also knows there is more work to do to improve the child support scheme to ensure that it's always fit for purpose. In the government's response to the report by the Joint Select Committee on Australia's Family Law System, tabled in January 2023, we have committed to implement a range of recommendations to improve the scheme over the longer term. This bill is a first step to make the scheme better for parents and children.”Read the full speech in Hansard ↗
2 speakers · 2 support
“This bill works to improve debt recovery and help prevent future debts for low-income parents, and for that reason the coalition will be supporting this bill. Two of the measures in the bill are measures that were previously put forward by the former coalition government as part of the 2021-22 Mid-Year Economic and Fiscal Outlook that were not legislated before the last election.”Read the full speech in Hansard ↗
“The coalition will be supporting the Social Services Legislation Amendment (Child Support Measures) Bill 2023. This bill works to improve debt recovery and help prevent future debts for low-income parents. It therefore will have the coalition's support.”Read the full speech in Hansard ↗
1 speaker · 1 support
“I rise to indicate that the Greens will be supporting the Social Services Legislation Amendment (Child Support Measures) Bill 2023, but I note there is so much more that needs to be done. These are three minor measures that will improve the ability of single parents and their vulnerable children to receive child support. But I think the scale of what still needs to be done is indicated by the fact that this bill is estimated to recover up to $164 million in child support debt, whereas it is estimated that there is $1.59 billion of unpaid child support. So there is an awful lot more to be done to support vulnerable single mothers and their children. We've got deception from partners; we've got unequal onus of proof; we've got ex-partners not lodging tax returns; we have got misleading on how much income they've got; we've got care arrangements being difficult to prove; and we've got really awful interactions with the family tax benefit, where single parents—mothers in particular—are presumed to be receiving child support when in fact they're not.”Read the full speech in Hansard ↗
Record
House · Introduced and read a first time
Introduced
The bill was formally presented to the chamber and read a first time, which starts its parliamentary journey.
House · Second reading moved
Second reading opened
A minister or sponsoring member moved the second reading, opening the main debate on the bill's purpose and principles.
House · Second reading debate
Second reading debate
The bill reached this recorded parliamentary step.
House · Second reading debate
Second reading debate
The bill reached this recorded parliamentary step.
House · Second reading agreed to
Second reading agreed
The chamber agreed to the bill at second reading, meaning it accepted the bill in principle and allowed it to continue.
House · Third reading agreed to
Third reading agreed
The chamber agreed to the bill at third reading, which completed passage through that chamber.
Senate · Introduced and read a first time
Introduced
The bill was formally presented to the chamber and read a first time, which starts its parliamentary journey.
Senate · Second reading moved
Second reading opened
A minister or sponsoring member moved the second reading, opening the main debate on the bill's purpose and principles.
Senate · Second reading debate
Second reading debate
The bill reached this recorded parliamentary step.
Senate · Second reading agreed to
Second reading agreed
The chamber agreed to the bill at second reading, meaning it accepted the bill in principle and allowed it to continue.
Senate · Third reading agreed to
Third reading agreed
The chamber agreed to the bill at third reading, which completed passage through that chamber.
Parliament · Finally passed both Houses
Passed both houses
Both houses passed the bill in the same form, completing parliamentary passage.
Assent · Assent
Assent
The Governor-General gave Royal AssentThe final step that turns a passed bill into an Act of Parliament., turning the bill into an Act.
Parliamentary Joint Committee on Human Rights; Report 8 of 2023
Considered by scrutiny committee
Considered by scrutiny committee (9 May 2023): Parliamentary Joint Committee on Human Rights; Report 8 of 2023
APH bill page notesSenate Standing Committee for the Scrutiny of Bills; Scrutiny Digest 5 of 2023
Considered by scrutiny committee
Considered by scrutiny committee (10 May 2023): Senate Standing Committee for the Scrutiny of Bills; Scrutiny Digest 5 of 2023
APH bill page notes
