Document ID: chunk:federal_register_of_legislation:C2004A05014:section:6:p33
Version: federal_register_of_legislation:C2004A05014
Segment Type: section
Provision Reference: s 6 (pt 33/86)
Character Range: 136892–139583

step-parent to have that duty.

"(2) Any duty of a step-parent to maintain a step-child:

(a) is a secondary duty subject to the primary duty of the parents of the child to maintain the child; and

(b) does not derogate from the primary duty of the parents to maintain the child.

"Subdivision C—Relationship with Child Support (Assessment) Act

Child maintenance order not to be made etc. if application for administrative assessment of child support could be made

"66E.(1) A court having jurisdiction under this Part must not, at any time, make, revive or vary a child maintenance order in relation to a child on the application of a person (the 'applicant') against, or in favour of, a person (the 'respondent') if an application could properly be made, at that time, under the Child Support (Assessment) Act 1989 for administrative assessment of child support (within the meaning of that Act):

(a) by the applicant seeking payment of child support for the child from the respondent; or

(b) by the respondent seeking payment of child support for the child from the applicant.

"(2) Subsection (1) has effect whether or not an application for administrative assessment of child support for the child has in fact been made (whether by the applicant, the respondent or another person).

"Subdivision D—Applying for and making child maintenance orders

Who may apply for a child maintenance order

"66F.(1) Unless subsection (2) applies, a child maintenance order in relation to a child may be applied for by:

(a) either or both of the child's parents; or

(b) the child; or

(c) any other person concerned with the care, welfare or development of the child.

"(2) A child maintenance order in relation to a child who is under the guardianship, or in the care (however described), of a person under a child welfare law may only be applied for by:

(a) the child; or

(b) a parent of the child who has the daily care of the child; or

(c) a relative of the child who has the daily care of the child; or

(d) a child welfare officer of the relevant State or Territory.

Court's power to make child maintenance order

"66G. In proceedings for a child maintenance order, the court may, subject to this Division, make such child maintenance order as it thinks proper.

Approach to be taken in proceedings for child maintenance order

"66H. In proceedings for the making of a child maintenance order in relation to a child, the court must:

   (a) consider the financial support necessary for the maintenance of the child (this is expanded on in section 66J); and

   (b) determine the Financial contribution, or respective financial contributions, towards the financial support necessary for