Legislation

Human Services (Centrelink) Act 1997

The Human Services (Centrelink) Act 1997 (previously the Commonwealth Services Agency Delivery Act 1997) creates the statutory office of the Chief Executive Centrelink within the Department of Human Services (s 7). It determines the Chief Executive Centrelink’s functions including service delivery functions, functions conferred by other Acts and functions prescribed by the Human Services (Centrelink) Regulations 2011 (s 8). The service delivery functions are to provide services, benefits, programs or facilities that are provided for by the Commonwealth or a person other than the Commonwealth for a purpose for which the Parliament has the power to make laws (s 8A). The Chief Executive Centrelink can delegate his or her functions to employees (s 12).

Human Services (Medicare) Act 1973

The Human Services (Medicare) Act 1973 (previously the Medicare Australia Act 1973) creates the statutory office of the Chief Executive Medicare within the Department of Human Services (s 4). It determines the Chief Executive Medicare’s functions including service delivery functions, functions conferred by other Acts and Medicare functions (s 5). Medicare functions are the functions conferred on the Chief Executive Medicare by or under the Health Insurance Act 1973 (s 6). The Chief Executive Medicare can delegate his or her functions to employees (s 8AC). This Act also sets out investigative powers that may be exercised in connection with an investigation that the Chief Executive Medicare is conducting in the performance of his or her functions (Part IID).

Child Support (Registration and Collection) Act 1988

The child support scheme was established by the enactment of the Child Support Act 1988, which commenced on 1 June 1988 and was subsequently renamed the Child Support (Registration and Collection) Act 1988 (CSRC Act). The CSRC Act provides for the registration, collection and enforcement of child support liabilities, including court orders and court registered agreements for child and spousal maintenance, and from 1 October 1989, of administrative assessments of child support.

Child Support (Assessment) Act 1989

The Child Support (Assessment) Act 1989 (CSA Act) commenced on 1 October 1989. The CSA Act introduced a formula-based method to calculate child support liabilities. Previously, only the court could order the payment of child support. The CSA Act provides a range of formulas to calculate a child support assessment. The Act determines the proportion of costs that each parent should meet. To determine this amount, the Act takes into account the parents’ incomes and the amount of care they have of their children. An object of the CSA Act is that children receive a proper level of child support from their parents, in accordance with the parents’ financial capacity, without the need for court proceedings.