This bill became law on Mar 28th, 2024.
Welfare & housing
Parents and carers can again have child support and family tax benefitA family payment that can depend on how much care a parent or carer has for a child. worked out for a temporary period using a written care arrangementA court order or written agreement that says how much care each parent or carer is meant to have of the child., helping stop someone gaining financially by breaking that arrangement.
A 2024 Federal CourtThe court that in 2024 interpreted the 2018 wording in a way that exposed the drafting problem. ruling exposed that the 2018 wording blocked many interim child-care decisions after earlier care decisions were revoked, and put past decisions at risk. This bill restores those rules so written care arrangements can still be used temporarily and protects affected past child support and family assistance decisions.
Since 23 May 2018, child support and family assistance rules were meant to let Services AustraliaThe government agency that administers child support and family assistance decisions mentioned on this page. temporarily rely on a written care arrangementA court order or written agreement that says how much care each parent or carer is meant to have of the child. so parents could not gain financially by breaching it, even after an earlier care decision was revoked. In 2024, the Federal CourtThe court that in 2024 interpreted the 2018 wording in a way that exposed the drafting problem.’s CMU23The Federal Court case that exposed the technical defect in the 2018 child support and family assistance wording. ruling exposed that the 2018 drafting blocked many of those interim decisions and cast doubt on past ones, so Parliament moved quickly to restore the intended rule and validate affected decisions made since 2018 before the Act received Royal AssentThe formal step that turns a bill passed by Parliament into an Act of law..
The main criticism was not of this bill’s technical fix itself, but that it leaves larger problems in the child support system untouched, including outdated formulas and scope for income underreporting and financial abuse. Those reservations came from supportive crossbench and Greens speakers, while no party represented in the debate opposed the bill itself.
Hon Amanda Rishworth MP introduced this bill. It passed on the voices.
Did it become law?
Yes
Became law 28 Mar 2024
Final passage
Passed without a counted vote
Members called out ‘aye’ or ‘no’ — no individual votes were recorded.
Passage speed
29 days
From introduction to the latest recorded parliamentary step
Meaning
Parents and carers can again have child support and family tax benefitA family payment that can depend on how much care a parent or carer has for a child. worked out for a temporary period using a written care arrangementA court order or written agreement that says how much care each parent or carer is meant to have of the child., helping stop someone gaining financially by breaking that arrangement.
For future family tax benefitA family payment that can depend on how much care a parent or carer has for a child. care decisions, the amended rules apply when the change in care happens on or after the Act starts.
Past child support care decisions made from 23 May 2018 are kept legally valid if they would otherwise fail only because of the technical problem this Act fixes.
Past family assistance care decisions made from 23 May 2018 are also protected from being undone by the same technical defect.
The Act does not reopen rights and liabilities already settled in court before these changes started.
The Bill will restore interim period arrangements to address the unintended consequences of the Protecting Children Act. It will provide that interim period determinations are available as they are intended to, consistent with the longstanding policy in the Child Support and Family Assistance Schemes to encourage carers of a child to comply with a written care arrangement where one is in place.Social Services Legislation Amendment (Child Support and Family Assistance Technical Amendments) explanatory memorandum
The amendments of the Family Assistance Act made by this Schedule apply in relation to a determination that is to be or has been made under section 35A or 35B of that Act on or after the commencement of this item if the change of care day for the individual, and the child, concerned occurs on or after that commencement.Social Services Legislation Amendment (Child Support and Family Assistance Technical Amendments) Act 2024 final Act text
then the determination, and any other decision covered by subitem (2), is as valid and effective, and is taken always to have been as valid and effective, as it would have been had section 53 of the Child Support Act, as amended by this Act, been in force during that period.Social Services Legislation Amendment (Child Support and Family Assistance Technical Amendments) Act 2024 final Act text
then the determination, and any other decision covered by subitem (2), is as valid and effective, and is taken always to have been as valid and effective, as it would have been had section 35F of the Family Assistance Act, as amended by this Act, been in force during that period.Social Services Legislation Amendment (Child Support and Family Assistance Technical Amendments) Act 2024 final Act text
(3) This item does not affect rights or liabilities arising between parties to proceedings heard and finally determined by a court before the commencement of this item, to the extent that those rights or liabilities arose from, or were affected by, a determination, or other decision, referred to in subitem (1).Social Services Legislation Amendment (Child Support and Family Assistance Technical Amendments) Act 2024 final Act text
Context
Since 23 May 2018, child support and family assistance rules were meant to let Services AustraliaThe government agency that administers child support and family assistance decisions mentioned on this page. temporarily rely on a written care arrangementA court order or written agreement that says how much care each parent or carer is meant to have of the child. so parents could not gain financially by breaching it, even after an earlier care decision was revoked. In 2024, the Federal CourtThe court that in 2024 interpreted the 2018 wording in a way that exposed the drafting problem.’s CMU23The Federal Court case that exposed the technical defect in the 2018 child support and family assistance wording. ruling exposed that the 2018 drafting blocked many of those interim decisions and cast doubt on past ones, so Parliament moved quickly to restore the intended rule and validate affected decisions made since 2018 before the Act received Royal AssentThe formal step that turns a bill passed by Parliament into an Act of law..
2018 child support changes take effect
Amendments under the Protecting Children ActThe 2018 law that introduced the interim care rules this bill is fixing after a drafting problem was found. began operating to let interim care decisions reflect written care arrangements and reduce any financial gain from breaching them.
Social Services Legislation Amendment (Child Support and Family Assistance Technical Amendments) explanatory memorandum ↗Federal CourtThe court that in 2024 interpreted the 2018 wording in a way that exposed the drafting problem. ruling in CMU23The Federal Court case that exposed the technical defect in the 2018 child support and family assistance wording. exposes the drafting problem
The court clarified that the 2018 wording stopped interim child support determinations whenever an earlier care decision had been revoked, putting similar family assistance decisions and past determinations at risk.
Social Services Legislation Amendment (Child Support and Family Assistance Technical Amendments) explanatory memorandum ↗Government introduces the bill to restore interim care decisions
The minister presented the bill as an urgent technical fix to make sure the child support scheme continued to operate as originally intended.
Hansard ↗Parliament passes the bill
Both houses approved the bill in the same form, clearing the way to restore the intended interim decision rules and protect affected past decisions.
Parliamentary timeline ↗Technical fix starts after Royal AssentThe formal step that turns a bill passed by Parliament into an Act of law.
The Act commenced the day after Royal AssentThe formal step that turns a bill passed by Parliament into an Act of law., starting the legal repair and validating specified child support and family assistance interim periodThe temporary period when the law can use the care arrangement instead of the child's actual care if someone is trying to get the arrangement followed. determinations made from 23 May 2018 without reopening matters already settled by courts.
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.
The bill reached this recorded parliamentary step.
Referred to Federation Chamber
The 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 bill reached this recorded parliamentary step.
Reported from Federation Chamber
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
The 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 formal step that turns a bill passed by Parliament into an Act of law., turning the bill into an Act.
Key criticism
The main criticism was not of this bill’s technical fix itself, but that it leaves larger problems in the child support system untouched, including outdated formulas and scope for income underreporting and financial abuse. Those reservations came from supportive crossbench and Greens speakers, while no party represented in the debate opposed the bill itself.
No significant public case against the bill itself is recorded so far.
Leaves broader system problems unresolved
Some supporters said the bill fixes a narrow drafting problem but does not address bigger weaknesses in the child support system, including outdated formulas and definitions, income underreporting, and risks of ongoing financial abuse.
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
Rishworth supports the bill, saying it is a technical fix needed to restore parliament's intended child support rules and remove uncertainty created by unclear 2018 drafting.
Read in Hansard ↗Steggall supports the bill because its technical fixes will broaden when interim child support periods can apply and help protect children and parents affected by domestic and family violence.
Read in Hansard ↗Neumann supports the bill.
Read in Hansard ↗Graham Perrett supports the bill and says it fixes a drafting problem in the child support system so interim periods work as intended and decisions remain fair for children and parents.
Read in Hansard ↗All speeches by bloc
4 speakers · 5 contributions · 4 support
“This particular act that we will bring in through this bill today is a good act. It's an act of good public policy. It does make a technical amendment, but it fixes up a mistake of the previous government. I want to make it clear at the outset that we—and I think it's a bipartisan position across the chamber and the crossbench as well—should be and are committed to the child support scheme being fair and equitable in this country and to ensuring that adequate and fair financial support is provided to all children, regardless of the marital and relationship status of their parents.”Read the full speech in Hansard ↗
“The bill is technical, but it's nevertheless an important piece of the child support system. It will ensure the child support scheme operates as initially intended in previous amendments. It has my full support, and I commend it to the House.”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.
Minister's second reading speech
Rishworth supports the bill, saying it is a technical fix needed to restore parliament's intended child support rules and remove uncertainty created by unclear 2018 drafting. She says it will broaden access to interim periods while still protecting people at risk of violence or neglect.
“Through this bill, the government is taking action to quickly resolve the legislative uncertainty and restore parliament's intent from the 2018 bill. Passage of this bill is essential to ensure child support legislation clearly outlines where interim periods can apply.”Read this contribution in Hansard ↗
Second reading speech
Rishworth supports the bill and says it is needed to fix technical uncertainty in child support law, restore the parliament's intended operation from the 2018 changes, and protect parents and carers from disrupted decisions. She also says it should pass promptly and commends it to the House.
“The bill clarifies provisions in the child support and family assistance legislation to ensure interim periods are available in a broader range of circumstances, consistent with longstanding policy and practice. While not known as an interim period, child support assessments have been able to reflect the contravention of a court order or parenting plan since 1998. Interim periods in their current form have existed since 2010, when child support and family assistance legislation were aligned with the same care determinations. The bill includes retrospective provisions to ensure decisions made since the 2018 bill and in line with the intended policy are legally valid. This is important to minimise the impact on parents and carers who may otherwise be financially disadvantaged by having these decisions disrupted. I commend the bill to the House.”Read this contribution in Hansard ↗
“Through this bill, the Government is taking action to quickly resolve the legislative uncertainty and restore Parliament's intent from the 2018 bill. Passage of this bill is essential to ensure child support legislation clearly outlines where interim periods can apply.”Read the full speech in Hansard ↗
2 speakers · 2 support
“The coalition, in that sense, wholeheartedly supports the amendments and will provide swift passage through this House.”Read the full speech in Hansard ↗
“The coalition will be supporting the Social Services Legislation Amendment (Child Support and Family Assistance Technical Amendments) Bill 2024. This bill is a technical amendment seeking to ensure the child support scheme operates as intended. The coalition supports this urgent change because it provides legislative certainty to participants in the child support scheme by ensuring the legislation clearly outlines where interim periods can apply and how the child support scheme operates as intended. This bill amends the Child Support (Assessment) Act 1989, the child support act, and A New Tax System (Family Assistance Act) 1999, or the family assistance act, to restore the intended operation of interim period provisions for determining a person's percentage of care for a child.”Read the full speech in Hansard ↗
1 speaker · 1 support
“The Greens support this urgent reform, which fixes previously poor drafting and clarifies when interim periods are available. These interim periods are periods when the actual amount of care of a child doesn't reflect the written agreement for what it will be.”Read the full speech in Hansard ↗
1 speaker · 1 support
“I support this bill. These amendments are important and they affect a large number of Australian families. Families don't need the added stress and time of chasing up payments that they're entitled to—invariably, single parents, and women.”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 · Referred to Federation Chamber
Referred to Federation Chamber
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 · Reported from Federation Chamber
Reported from Federation Chamber
The bill reached this recorded parliamentary step.
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 formal step that turns a bill passed by Parliament into an Act of law., turning the bill into an Act.
