Commonwealth Ombudsman's Report Exposes Inaction on Child Support Law Conflict at Services Australia
A damning report by the Commonwealth Ombudsman has found that Services Australia, the agency responsible for child support payments, has failed to apply child support law properly over six years. The investigation reveals that the agency knew its internal practices conflicted with the law but took no action to address the issue.
The conflict in question centers around parents who provide less than 35% of care to a child and are therefore not eligible for financial support under Services Australia's current system. However, the law states that even if one parent provides only a minority share of care, they should still receive some form of support from the other parent.
Services Australia has justified its stance on this issue, claiming that applying the law could lead to unfair outcomes where parents with "little or no" care for children would receive payment. However, the ombudsman's report argues that it is not acceptable for public servants to selectively apply legislation, and the agency's internal practices have resulted in many people being unfairly denied support.
The investigation has found that at least 16,600 people were owed up to $10,000 in child support payments, but they were not informed that the law was not being applied correctly. The report notes that this situation was allowed to persist for six years without any action being taken to address it.
The ombudsman's report has made several recommendations, including retroactively legislating changes to ensure parents doing less than 35% of caring for children cannot claim support but can receive compensation instead. Services Australia has promised to implement these recommendations by the end of January, although legislative amendments are not expected until 2026.
This latest finding highlights concerns about the effectiveness of child support agencies in ensuring fair outcomes for families. The ombudsman's report serves as a stark reminder that the actions of government agencies have real-world consequences for individuals and families who rely on these services to meet their basic needs.
A damning report by the Commonwealth Ombudsman has found that Services Australia, the agency responsible for child support payments, has failed to apply child support law properly over six years. The investigation reveals that the agency knew its internal practices conflicted with the law but took no action to address the issue.
The conflict in question centers around parents who provide less than 35% of care to a child and are therefore not eligible for financial support under Services Australia's current system. However, the law states that even if one parent provides only a minority share of care, they should still receive some form of support from the other parent.
Services Australia has justified its stance on this issue, claiming that applying the law could lead to unfair outcomes where parents with "little or no" care for children would receive payment. However, the ombudsman's report argues that it is not acceptable for public servants to selectively apply legislation, and the agency's internal practices have resulted in many people being unfairly denied support.
The investigation has found that at least 16,600 people were owed up to $10,000 in child support payments, but they were not informed that the law was not being applied correctly. The report notes that this situation was allowed to persist for six years without any action being taken to address it.
The ombudsman's report has made several recommendations, including retroactively legislating changes to ensure parents doing less than 35% of caring for children cannot claim support but can receive compensation instead. Services Australia has promised to implement these recommendations by the end of January, although legislative amendments are not expected until 2026.
This latest finding highlights concerns about the effectiveness of child support agencies in ensuring fair outcomes for families. The ombudsman's report serves as a stark reminder that the actions of government agencies have real-world consequences for individuals and families who rely on these services to meet their basic needs.