- Amato P R and Gilbreth J G ‘Non-resident fathers and children and meta analysis’ 1999 cited by Smyth Bruce ‘Research into parent-child contact after parental separation’ (2002) 62 Winter Family Matters 33 at 35; Smart C ‘Divorce and changing family practices in a post-traditional society’ (2000) No 56 Winter Family Matters 10 at 11.
- Australian Bureau Statistics Children Australia A Social Report 1999 Catalogue 4119.0 at 1.
- As above at 2.
- A New Tax System (Family Assistance) Act 1999 (Cth) (ANTS (FA) Act) ss 22, 25 and 26.
- Sheehan Grania and Fehlberg Belinda ‘Families, divorce and family law’ (2000) No 55 Autumn Family Matters 4 at 6.
- Rhoades, Graycar and Harrison The Family Law Reform Act: The First Three years final report Family Court 2000.
- Child Support (Assessment) Act 1989 (Cth) s 8.
- ABS above note 2 at 1, 3.
- Seventy per cent of children in one parent families are at the lowest end of income distribution; ABS above note 2 at 1.
- Sheehan G ‘Financial Aspects of the Divorce Transition in Australia: Recent Empirical Findings’ (2002) Vol 16 International Journal of Law, Policy and the Family 95 at 111–114.
- As above at 110.
- As above at 112.
- Senate Hansard 11 April 2000, pp 13240–13241; letter from Department of Family and Community Services to CSMC 16 December 1999.
- Page J Who Cares? A study of diverse care arrangements in Australian society paper presented at Family Futures Issues in Research and Policy 7th Australian Institute of Family Studies Conference (AIFS), Sydney 24–26 July 2000; see www.aifs.org.au.
- Carberry Fiona Parents Sharing the Care of Children—Family Law and bicorne Support Parenting Branch of Family and Community Services Changing Families, Challenging Futures 6th Australian Institute of Family Studies Conference (AIFS), Melbourne 25–27 November 1998; see www.aifs.org.au.
- Dickenson J, Hey worth C, Plunkett D and Wilson K Sharing the Care of Children post separation: family dynamics and labour force capacity Parenting Payment and Labour Market Branch Department of Family and Community Services presented to Family Strengths Conference University of Newcastle November 1999.
- Murray Woods and Associates The Behaviour and Expenditure of the Non-resident parents during contact visits Policy Research Paper No 75 Department of Family and Community Services AGPS May 1999.
- Rhoades Helen ‘The “no contact mother”: reconstructions of motherhood in the era of the “new father”’ 2002 Vol 16 International Journal of Law Policy and the Family 71; Hancock Linda ‘Reforming the Child Support Agenda: Who Benefits?' Just Policy No 12 March 1998 at 20.
- Cass Bettina ‘A Family Policy 1983–1995’ Just Policy No 6 May 1996 Melbourne 16 at 17.
- Whiteford P Stanton D and Grey M ‘Families and income support families changing patterns of social security provision’ 2001 No 60 Spring/Summer Family Matters 24.
- Cass above note 19 at 17.
- Cass above note 19 at 17.
- Cass above note 19 at 19.
- Cass above note 19 at 19.
- Cass above note 19.
- Cass above note 19 at 20.
- The Family Assistance Office was created at this time, based at Medicare Offices, to assist access to payments.
- Senate Affairs Legislation Committee Budget Estimates Hearing, 24 May 2000, Family and Community Services Program 1.1 Question No 24.
- It is often forgotten that families in which both parent is unemployed each receive income support and family support payments. Single parents receive the equivalent of a single age pension and family payment to raise their family and have much of the same costs, the largest of which is housing.
- ANTS (FA) Act s 26.
- ANTS (FA) Act s 22 (7) and s 25.
- DFACS ‘New Income support arrangements for separated parents sharing the care of children’ in Budget: 1999–2000 What's New What's Different at A2.
- Family Law Reform Act 1995 s 60.
- Dewar John and Hunter Rosemary ‘Report provides insights into the Family Law System’ (2001) Winter No 59 Family Matters 76 at 76.
- Rhoades, Greycar and Harrison above note 6.
- Nicholson Alistair, Address to the Bar Association of NSW 20 May 1999 p 4.
- Family Court of Australia Annual Report 1997–1998 Family Court p 37.
- Rhoades, Grevcar and Harrison above note 6 at 58 paras 4.84, 4.85.
- Smyth Bruce, Grania Sheehan and Belinda Fehlberg ‘Post Divorce Parenting Patterns’ (2001) Winter No 59 Family Matters 61 at 62.
- ABS above note 2 at 2.
- See ABS above note 2 and ACOSS Flaws in the New FTB System, Position Paper on Shared Care (2000) at www.acoss.org.au p 4. Percentage care rates are calculated by nights per year: 10 per cent is 36 nights, 30 per cent is 110 nights. These percentages are guesstimates, as ‘every fortnight’ is insufficient detail. If contact was strictly one night every fortnight, 26 nights is under 10 per cent; I have set 50 per cent as an upper figure.
- Smyth Bruce and Weston Ruth Financial Living Standards after Divorce, Research Paper No 23 Australian Institute of Family Studies December 2000 at 3.
- Child Support (Assessment) Act 1989 (Cth) s 8.
- FaCS, CSS and Attorney General's Department Child Support Facts and Figures 1998–1999 Canberra at 16.
- Letter from Keith Henry, Manager of Family and Children's Branch, Department of Family and Community Services to CSMC Victoria 1 May 2000.
- Sutherland Peter Social Security and Family Assistance Law 2001 Federation Press, Welfare Rights and Legal Centre ACT 2001 at 884–5.
- National Instructions for Social Security Policy CB9290264 at 1 para 11–13, downloaded from Family and Community Services Intelligent Info system for decision makers CD ROM 1 January 2000.
- As above.
- Treble Andrea ‘The New Family Tax Package’ Social Security Reporter Vol 4 No 3 June 2000 at 29 lists the following: Secretary to the Department of Social Security (DSS) v Field (1989) 52; Secretary to the DSS v Wetter (1993) 73: Elliot r Secretary to the DSS (1995) 2 (1) and Vidler v Secretary to the Department of Social Security (DSS) (1995) 2.
- As above at 30.
- Reference Updates Family Payment—Shared Care, CB980003 Authorised by Denis Bayada, National Manager Families and Children Customers Section para 2–3, para 18–21. Downloaded from Family and Community Services Intelligent Info system for decision makers CD ROM 1 January 2000.
- Sutherland above note 48 at 884–5.
- See www.facs.gov.au/ for current rates.
- Welfare Rights Unit Family Tax Benefit Training 1999.
- See www.facs.gov.au/ for current payment rates.
- This free area alters depending on the number of children; see www.facs.gov.au or www.csa.gov.au for current rates.
- Yes it really is called Newstart, and the inappropriate name is offensive to unemployed people.
- Carberry above note 15 at 2.
- Social Security Act 1991 s 500E.
- Lowe v Secretary to the Department of Social Security (1998) 159 ALR 395.
- At 404.
- DFACS ‘New Income support arrangement for separated parents sharing the care of children’ in Budget 1999/2000: What's New What's Different at A2; incidentally, the Family Law Act is cited for the rationale for this change.
- Woods and Associates above note 17 at 35; the biggest category was actually ‘other’ (49 per cent), which the researchers state was referring to all expenses—‘it is all expensive’. This may be veiled reference to child support and legal costs related to marital separation.
- As above at 1 and 3.
- Carberrv above note 15.
- Carberrv above note 15 at 5–6.
- Carberrv above note 15 at 5.
- Dickenson above note 16 at 33.
- Dickenson above note 16 at 20.
- Dickenson above note 16 at 25.
- Dickenson above note 16 at 33.
- The CSA has a list of common expenses from which the non-resident parent may select, such as rent, bills, health costs and so on: see www.csa.gov.au.
- Hancock above note 18; Swinbourne Kathleen ‘Child Support Changes’ CSMC Scarlet Letter Autumn 1999 p 3. Every single mother on social security payment would be spending far more that $5 week from her income support payment to meet her children's needs. There is also an option for carer parent to request not to be paid child support if there are income disparities between parents.
- Kaye Miranda and Tolmie Julia ‘Fathers' rights groups in Australia’ Vol 12 Australian Journal of Family Law 1998.
- Sawyer Marian ‘Women: Gender Wars in the Nineties’ in Simms M and Warhurse (eds) Howard's Agenda: Politics of the 1998 Federal Election University of Queensland Press St Lucia p 149.
- As above at 150.
- As above at 150.
- Nicholson Alistair ‘The State of the Court Opening address, Chief Justice Family Court of Australia’ at 3rd National Family Court Conference 20 October 1998 at 18.
- Rhoades, Gravear and Harrison above note 18 at 72–73, 84.
- Gravear Regina ‘If it ain't broke don't fix it: matrimonial property law reform and the forgotten majority’ an address to the NSW Bar Association public Forum 20 May 1999 at 1.
- National Welfare Rights Network Briefing Notes Family and Community Services Legislation Amendment (Budget and Other Measures) Bill 1999 at 1.
- ACOSS Annual Report 1998–1999 Redfern at 13.
- Dickenson above note 16.
- Letter to CSMC Victoria from Department of Family and Community Services 15 June 1999 p 2.
- Senate Community Affairs Reference Committee The Lucky Country goes begging: Report on the GST and the New Tax System AGPS March 1999 Appendix 1.
- Senate Community Affairs Legislation Committee A New Tax System (Family Assistance) Bill 1999 downloaded from www.aph.gov.senate/committeeclac_ctte/Family/familvtax.htm.
- NATSEM ‘How will you be affected by the Government's tax reform package from July 2000?' published in The Australian 27 May 2000 see www.natsem.canberra.edu.au/aus-tables.html; and Warren Neil Division Impact of the Y2K Tax and transfer reforms on Australian Households NATSEM Canberra at 15.
- Personal communication March 2000.
- ACOSS above note 33 at 13. The annual report was written before the amendments were blocked.
- CSMC Newsletter Scarlet Letter Autumn 1999 at 4.
- Rhoades Graycar and Harrison, above note 5 at 79, discuss this issue.
- Senate Community Affairs Committee above note 84.
- Personal communication.
- Letter to CSMC Victoria from Department of Family and Community Services. This response was confirmed in Senate and Community Affairs Legislation Committee Budget Estimates Hearing 24 May Program 1.1 Question No 23.
- Prime Minister's open letter to Leader of the Democrats 28 May 1999 p 18.
- Eyewitnesses noted a senior manager of the CSA was at a Regional Advisory Panel meeting during one of these briefings and appeared significantly surprised by the overhead explaining the FTB 10 per cent care provision.
- Senate Hansard Tuesday 11 April 2000 p 13240.
- As above p 13241.
- ABS above note 2 at 2.
- Senate Hansard 12 April 2000 p 151149.
- DFACS ‘Child Support Package: Lower Formula Percentage for Payers exercising contact with their Children’ in Budget 2000/01 What's New What's Different at E2.
- Horin Adele ‘Rich “angry dads” win big child support cuts’ Sydney Morning Herald 11 May 2000 p 9.
- Arndt Bettina 2000 ‘Fighting for unfair child support system’ The Age 13 November 2000 p 17.
- Mitchell K and Henman P Estimating the Cost of Contact for Non-resident Parents a budget standards approach 2000.
- Personal communication.
- Mitchell above note 104 at 1.
- Senate Community Affairs Legislation Committee Senate Budget Estimates 24 May 2000 p 293.
- Hancock above note 18.
- Hancock above note 18 at 20.
- Hancock above note 18 at 27.
- Woods and Associates above note 17.
- Senate Community Affairs Legislation Committee above note 107 p 293.
- Rhoades, Gravear and Harrison above note 18.
- See Sole Parent Union Submission to the Senate Community Affairs Committee on the Child Support Legislation Amendment Bill (No 2) 2000.
- National Network of Women's Legal Services Submission on Child Support Legislation Amendment Bill (No 2) 2000 to Senate Community Affairs Legislation Committee 27 September 2000 p 2.
- NNWLS, Law Council of Australia and Sole Parent Union Submissions to the Senate Community Affairs Committee on the Child Support Legislation Amendment Bill (No 2) 2000. All the submissions can be seen at www.aph.gov.au/senate/committee/submissions/ca_childsup/ca_childsuplistofsubs.htm.
- Senate Community Affairs Legislation Committee above note 105 at Program 1.3 Question 21. The low care rates would have reduced child support by between $4 and $60 a fortnight while the loss of a share of the full family, tax benefit are estimated to be between $20–150 depending on age, number of children and care percentage.
- ABS above note 2 at 3.
- Personal communication.
- This policy option has been supported by ACOSS to see their paper Flaws in the new family tax benefit see www.acoss.org.au.
- Kave and Tolmie above note 74.
- Edwards Meredith Social Policy Public Policy from Problem to Practice Allen and Unwin 2001 at 79–80.
- The Departmental representatives believe inaccurate estimation of income is the main reason for overpayments. However, they also include overpayments due to receiving lump sums of belated child support, which are now reconciled within the year they are received not over the period they were owed, of course shared care and a combination of all of the above.
- Senate Community Affairs Committee 21 February 2002 Hansard p CA217–21.
Australian Feminist Law Journal
Volume 18, 2003 - Issue 1