dpo prevents child support debtor from leaving australia
The Registrar has delegated some of its functions under the Registration and Collection Act to the Child Support Agency (CSA). One of these is the power to make a Departure Prohibition Order (DPO) under Part VA of the Act. A DPO restricts the right to travel of person.
It effectively prevents a person from travelling out of Australia. There are four conditions that must all exist before a DPO can be issued by the CSA and these are:
Person restricted to travel has a child support liability;
- Such person has not made satisfactory arrangement to fully discharge the liability;
- CSA is satisfied that this person has persistently and without justifiable grounds failed to pay child support debts;
- CSA believes that a DPO is necessary to ensure that the debtor does not leave Australia without making full payment of his child support liability or making satisfactory arrangements to do so.
While a DPO is in force, it can be varied or revoked by the CSA. The CSA can also issue a departure authorization certificate (DAC). The person prevented from travelling may ask for a review or file an appeal in connection with the DPO or DAC.
If the person is not an Australian citizen, copies of the DPO and DAC will be furnished Australian Federal Police and Immigration Officers. These authorities are authorized to prevent the overseas departure of a person subject of a DPO.
Even if the child support debtor is suspected to leave for a country with which Australia does not have reciprocal arrangements, the CSA will still issue a DPO if it finds that all the conditions exist in the case. The CSA will exhaust all efforts to make sure that the child support debtor receives a copy of the DPO as soon as it is issued.
Disclaimer : This article provides basic information only and is not a substitute for a professional or legal advice. It is prudent to obtain legal advice from a family lawyer.