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Topic #2212 (no title)

LifeInsight said
Regarding care calculation from July they cite in a legislative references:

"From July 2008 care is calculated on the number of nights of a parents care of a child in a prospective 12 month period."

LifeInsight, I believe that they have actually lied to you in saying this. There are, as far as I'm aware 2 child support acts.
  1. Child Support (Assessment) Act 1989
    Act No. 124 of 1989 as amended
    This compilation was prepared on 1 July 2008 incorporating amendments up to Act No. 82 of 2007
  2. Child Support (Registration and Collection) Act 1988
    Act No. 3 of 1988 as amended
    This compilation was prepared on 1 January 2008 taking into account amendments up to Act No. 82 of 2007

In the former there are 5 occurrences of the word night :-

48(2) - Note:   Generally, a person's percentage of care for a child is worked out based on the number of nights that the child is likely to be in the care of the person during the care period.

74A - Note 1:   7.1% is one night per fortnight.

75 - Note:   7.1% is one night per fortnight.

In the latter there are 9 occurrences of the word night, every one of them is used in the word fortnight.

If what I have looked at is correct, then the person who informed you of the above is lying, which is in contravention of the APS code of conduct, which is in the APS legislation.

It may be in the guide (well a search on the word nights didn't find that sentence), but appears to not be.

Perhaps this is more than a lie, as it would appear that someone may be trying to bypass the constitutionally decreed method of introducing legislation. I think that may well be a serious offence.

Take a read of this topic. (Had some trouble with the link earlier but all good now.) Also use the site search on days contact and also use the specialist forum search

There is major confusion here in my view. They say in the notes 1 night a fortnight (26 nights) but in the legislation it is completely contradictory. It does not say who's time the calc is based on. I have still not yet been advised of a response to this question from FaCSIA but we will continue to follow up. CSA policy group need to clarify this perhaps.

Executive Secretary - Shared Parenting Council of Australia
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