edited
31st May 2018
Family Assistance and Child Support Legislation Amendment (Protecting Children) Bill 2018 - in Committee - Retrospective application
Passed by a small majority
No rebellions 89% attendance
9th May 2018, 10:01 AM – Senate Family Assistance and Child Support Legislation Amendment (Protecting Children) Bill 2018 - in Committee - Retroactive changes
Summary
EditThe majority voted against amendments introduced by Senator Louise Pratt, which means they failed.
The amendments related to the new ability of the Child Support Registrar to retrospectively change a child support assessment. Senator Pratt explained that:
It is simply not fair for a parent who has received child support in good faith and has spent it on their children to find out that, through no fault of their own, that money must now be repaid. It is simply unsustainable for us to consider having such a big impact on a family's ability to meet the cost of living. This is why we are moving this amendment today to part 2 of schedule 1 of the bill to attempt to deal with this issue ... This amendment permits the Child Support Registrar to change a child support assessment, following the amendment of an income tax assessment, prospectively and retrospectively in limited circumstances. A child support assessment can only be made retrospective if either the amendment was due to fraud or evasion or the registrar is satisfied that changing the administrative assessment retrospectively would not cause the parent unjustified financial hardship, having regard to the financial situation of the other parent.
Read more about the changes made by the bill in the bills digest.
Votes Not passed by a small majority
Nobody rebelled against their party.
| Party | Votes | |
|---|---|---|
| Cory Bernardi SA Australian Conservatives | No | |
| Australian Greens (100% turnout) | 9 Yes – 0 No | |
| Andrew Bartlett Queensland | Yes | |
| Richard Di Natale Victoria | Yes | |
| Sarah Hanson-Young SA | Yes | |
| Nick McKim Tasmania | Yes | |
| Lee Rhiannon NSW | Yes | |
| Janet Rice Victoria | Yes | |
| Rachel Siewert WA | Yes | |
| Jordon Steele-John WA | Yes | |
| Peter Whish-Wilson Tasmania | Yes | |
| Australian Labor Party (84% turnout) | 21 Yes – 0 No | |
| Catryna Bilyk Tasmania | Yes | |
| Carol Brown Tasmania | Yes | |
| Doug Cameron NSW | Yes | |
| Anthony Chisholm Queensland | Yes | |
| Jacinta Collins Victoria | Yes | |
| Patrick Dodson WA | Yes | |
| Don Farrell SA | Yes | |
| Alex Gallacher SA | Yes | |
| Kristina Keneally NSW | Yes | |
| Chris Ketter Queensland | Yes | |
| Kimberley Kitching Victoria | Yes | |
| Gavin Marshall Victoria | Yes | |
| Jenny McAllister NSW | Yes | |
| Malarndirri McCarthy NT | Yes | |
| Claire Moore Queensland | Yes | |
| Deborah O'Neill NSW | Yes | |
| Louise Pratt WA | Yes | |
| Lisa Singh Tasmania | Yes | |
| Glenn Sterle WA | Yes | |
| Anne Urquhart Tasmania | Yes | |
| Murray Watt Queensland | Yes | |
| Kim Carr Victoria | Absent | |
| Katy Gallagher ACT | Absent | |
| Helen Polley Tasmania | Absent | |
| Penny Wong SA | Absent | |
| Centre Alliance (0% turnout) | Absent | |
| Stirling Griff SA | Absent | |
| Rex Patrick SA | Absent | |
| Nigel Scullion NT Country Liberal Party | No | |
| Derryn Hinch Victoria Derryn Hinch's Justice Party | Yes | |
| Sue Lines WA Deputy President | Yes | |
| Steve Martin Tasmania Independent | Yes | |
| Fraser Anning Queensland Independent | No | |
| Lucy Gichuhi SA Independent | No | |
| Tim Storer SA Independent | No | |
| David Leyonhjelm NSW Liberal Democratic Party | No | |
| Liberal National Party (100% turnout) | 0 Yes – 2 No | |
| Matthew Canavan Queensland | No | |
| James McGrath Queensland | No | |
| Liberal Party (83% turnout) | 0 Yes – 19 No | |
| Eric Abetz Tasmania | No | |
| Simon Birmingham SA | No | |
| Slade Brockman WA | No | |
| David Bushby Tasmania | No | |
| Michaelia Cash WA | No | |
| Richard Colbeck Tasmania | No | |
| Jonathon Duniam Tasmania | No | |
| David Fawcett SA | No | |
| Concetta Fierravanti-Wells NSW | No | |
| Mitch Fifield Victoria | No | |
| Jane Hume Victoria | No | |
| Ian Macdonald Queensland | No | |
| Jim Molan NSW | No | |
| James Paterson Victoria | No | |
| Marise Payne NSW | No | |
| Linda Reynolds WA | No | |
| Anne Ruston SA | No | |
| Dean Smith WA | No | |
| Amanda Stoker Queensland | No | |
| Mathias Cormann WA | Absent | |
| Lucy Gichuhi SA | Absent | |
| Zed Seselja ACT | Absent | |
| Arthur Sinodinos NSW | Absent | |
| National Party (33% turnout) | 0 Yes – 1 No | |
| Barry O'Sullivan Queensland | No | |
| Bridget McKenzie Victoria | Absent | |
| John Williams NSW | Absent | |
| Nick Xenophon Team (100% turnout) | 0 Yes – 2 No | |
| Stirling Griff SA | No | |
| Rex Patrick SA | No | |
| Pauline Hanson's One Nation Party (100% turnout) | 0 Yes – 3 No | |
| Brian Burston NSW | No | |
| Peter Georgiou WA | No | |
| Pauline Hanson Queensland | No | |
| Scott Ryan Victoria President | No | |
| Totals (88% turnout) | 33 Yes – 34 No |
Turnout is the percentage of members eligible to vote that did vote.