Maintenance Act 1965Maintenance Regulations 1967Part IPreliminary1Short titleThese Regulations may be cited as the Maintenance Regulations 1967.2Commencement(1)Subject to subregulation (2) of this Regulation, these Regulations shall come into operation on the date of commencement of the Act.(2)Where the Governor in Council, pursuant to subsection (2) of section 2 of the Act, by Proclamation fixes a date or dates for the commencement of Division 2 of Part III of the Act, or for the commencement of the several provisions of Part IV of the Act, later than the date fixed by the Proclamation under subsection (1) of section 2 of the Act for the commencement of the Act, then, in subregulation (1) of this Regulation, the term “date of commencement of the Act” means, in relation to any Regulations made for the purposes of Division 2 of Part III of the Act, or of any of the several provisions of Part IV of the Act, the date of the commencement of that Division or of that provision, so fixed.3PartsThese Regulations are divided into Parts and a Schedule as follows:—PART I—PRELIMINARY (Regulations 1–6);PART II—LOCAL MAINTENANCE (Regulations 7–32);PART III—INTERSTATE MAINTENANCE (Regulations 33–50);PART IV—OVERSEAS MAINTENANCE (Regulations 51–75);PART V—GENERAL (Regulations 76–78);THE SCHEDULE.4Repeals and Savings(1)All Rules of Court made under “The Maintenance Acts, 1949 to 1954,” are hereby repealed.(2)All Regulations made under “The Interstate Destitute Persons Relief Acts, 1914 to 1944,” are hereby repealed as from the date Part III of these Regulations comes into operation.(3)All Regulations and Rules of Court made under “The Maintenance Orders (Facilities for Enforcement) Acts, 1921 to 1959,” are, except as hereinafter provided, hereby repealed as from the date Part IV of these Regulations comes into operation:Provided that any such Regulations or Rules in force immediately prior to the date Part IV of these Regulations comes into operation shall continue and be of full force and effect for the purposes of subsections (4) and (5) of section five of the Act in relation to orders that were, prior to the commencement of Division 3 of Part IV of the Act, registered in the Supreme Court of Queensland under “The Maintenance Orders (Facilities for Enforcement) Acts, 1921 to 1959,” and were, immediately prior to the commencement of that Division, enforceable in that court or in a Magistrates Court of Queensland.5InterpretationWithout limiting the operation of “The Acts Interpretation Acts, 1954 to 1962,” in these Regulations, unless the context otherwise indicates or requires, the following terms have the meanings set against them respectively, that is to say:—

“Schedule”—The Schedule to these Regulations;

“The Act”—“The Maintenance Act of 1965.”

6Forms(1)The Forms set out in the Schedule to these Regulations shall be used for the purposes for which they are respectively designed.(2)Strict compliance with a Form in the Schedule is not necessary and substantial compliance is sufficient.(3)A Form shall be completed in accordance with any directions contained in that Form, and with such additions thereto and deletions therefrom as may be appropriate for the purpose for which the Form is used.Part IILocal Maintenance7ComplaintsA complaint shall be sufficiently made for the purposes of the Act if the cause of complaint is stated in or to the effect of one of the forms in Form No. 1 of the Schedule, as appropriate.8OrdersIn any order in Form No. 3, Form No. 6, Form No. 7, Form No. 8, Form No. 10, Form No. 11, or Form No. 12 of the Schedule the Preamble to the order shall include the matter set out in Form No. 2 of the Schedule, as appropriate.9Nominal OrdersAn order for the payment of a merely nominal amount of maintenance shall be in Form No. 3 of the Schedule.10Preliminary OrdersAn order made ex parte for the preliminary maintenance of a child shall be in Form No. 4 of the Schedule.11Interim OrdersAn interim order for the payment of maintenance pending the hearing and determination of a complaint shall be in Form No. 5 of the Schedule.12Maintenance OrdersAn order for the maintenance of a person shall be in Form No. 6 of the Schedule.13Maintenance Orders—ChildrenAn order for the maintenance of a child whose parents were not married to each other at the time of its conception and have not since married each other shall be in Form No. 7 of the Schedule.s 13 amd reg pubd gaz 16 December 1978 p 185814Orders for payment of preliminary expensesAn order for the payment of preliminary expenses of a mother of a child to whose father she was not married at the time of its conception and whom she did not subsequently marry shall be in Form No. 8 or Form No. 9 of the Schedule, whichever is appropriate.s 14 amd reg pubd gaz 16 December 1978 p 185815Orders for payment of funeral expenses of childrenAn order for the payment of funeral expenses of a child shall be in Form No. 10 of the Schedule.16Orders for payment of funeral expenses of unmarried mothersAn order for the payment of funeral expenses of the mother of a child to whose father she was not married at the time of its conception and whom she did not subsequently marry shall be in Form No. 11 of the Schedule.s 16 amd reg pubd gaz 16 December 1978 p 185817Orders for payment of medical and the like expensesAn order for the payment of medical or the like expenses shall be in Form No. 12 of the Schedule.18Applications generallyWherever, under the Act, an application may be made to the court for any purpose, and no specific Form for such application is prescribed by these Regulations, notice of the application may be given in Form No. 13 of the Schedule.19Application for discharge, suspension, or variation of ordersNotice of an application for the discharge, suspension, or variation of an order shall be in Form No. 14 of the Schedule.20Applications for revival of suspended ordersNotice of an application for the revival of a suspended order shall be in Form No. 15 of the Schedule.21Applications for annulment of affiliation ordersAn order to show cause why an affiliation order should not be annulled shall be in Form No. 16 of the Schedule.22Applications for discharge of orders apparently abandonedAn order to show cause why an order that appears to have been abandoned should not be discharged shall be in Form No. 17 of the Schedule.23s 23 om reg pubd gaz 24 June 1978 p 99824s 24 om reg pubd gaz 24 June 1978 p 99825s 25 om reg pubd gaz 24 June 1978 p 99826Certificates of arrearsA certificate of arrears granted under section forty-five of the Act shall be in Form No. 21 of the Schedule.27s 27 om reg pubd gaz 24 June 1978 p 99828Order for sale of goodsAn order for the seizure and sale of goods, chattels or securities, or for the demand and receipt of annuities, rents and other moneys, shall be in Form No. 23 of the Schedule.29Attachment of earnings orderAn attachment of earnings order shall be in Form No. 24 of the Schedule.30Cessation, &c., of attachment of earnings orderA notice that an attachment of earnings order has been suspended or varied or has ceased to have effect shall be in Form No. 25 of the Schedule.31Notice by employer that defendant is not his employeeA notice by a person to whom an attachment of earnings order is directed that the defendant is not, or is no longer, his employee shall be in Form No. 26 of the Schedule.32Order to attend for examination or to furnish particularsAn order to a defendant to attend before a court to be examined concerning his means and ability to comply with an order or to state to the court or to furnish to the court any other particulars, and an order to a person who appears to be indebted to a defendant or to be his employer to furnish to the court any particulars shall be in Form No. 27 of the Schedule.Part IIIInterstate Maintenance33Duties of the Collector, &c.(1)The duties of the Collector shall be—

(a)To keep a ledger or ledgers (which may be in the form of any convenient system, including a card index system) showing—

(i)All inter-State orders received by him for registration in Queensland, and a record of all matters and happenings relating to those orders of which he is informed;

(ii)All orders sent by him to a Collector in another Australian State, and a record of all matters and happenings relating to those orders of which he is informed;

(b)To pay to the persons entitled thereto all moneys received by him for or on behalf of those persons from another Australian State, or, as appropriate, remit such moneys to Assistant Collectors for payment to such persons;

(c)To remit moneys received by him for transmission to another Australian State to the Collector for that State; and

(d)To direct and supervise the operations of the Deputy Collector and Assistant Collectors.

(2)The duties of the Deputy Collector and of Assistant Collectors shall be to carry out the directions of and be responsible to the Collector.34Duties of Assistant CollectorsThe duties of every Assistant Collector shall be—

(a)To keep a cash book showing all moneys received by him—

(i)For transmission to another Australian State;

(ii)From another Australian State for payment to persons resident in his district,

and of the disposition thereof;

(b)To remit to the Collector moneys received by him for transmission to another Australian State;

(c)To pay to the persons entitled thereto all moneys received by him for or on behalf of those persons from another Australian State;

(d)To keep a ledger or ledgers (which may be in the form of any convenient system, including a card index system) showing—

(i)All interstate orders received by him for registration in the Magistrates Court, and a record of all matters and happenings relating to those orders of which he is informed;

(ii)All orders sent by him to the Collector for transmission to another Australian State, and a record of all matters and happenings relating to those orders of which he is informed;

(iii)The amount due by any person paying or liable to pay moneys to the clerk of the court for the place to which he is appointed;

(iv)The amounts paid by such persons from time to time; and

(v)The amount (if any) due to any person to whom money is being paid or should be paid; and

(e)To carry out the directions of and be responsible to the Collector.

35Application to Collector to have order made enforceable in another Australian StateAn application to the Collector by or on behalf of a complainant that a Queensland order be made enforceable in another Australian State shall be in Form No. 28 of the Schedule.36Request that order be made enforceable in another StateA request by the Collector that a Queensland order be made enforceable in another Australian State shall be in Form No. 29 of the Schedule.37Request that order be made not enforceable in another StateA request by the Collector that a Queensland order be made no longer enforceable in another Australian State shall be in Form No. 30 of the Schedule.38Collector’s CertificateA Collector’s Certificate in respect of a Queensland order shall be in Form No. 31 of the Schedule.39Request for registration of interstate orderA request by the Collector to a clerk of the court that an interstate order be registered in a Magistrates Court in Queensland shall be in Form No. 32 of the Schedule.40Notification of registration of an interstate orderA notification by the Collector to a Collector in another Australian State that an interstate order has been registered in a Magistrates Court in Queensland shall be in Form No. 33 of the Schedule.41Notice to defendant of registration of interstate orderA notice by the clerk of the court to the defendant of the registration of an intestate order shall be in form No. 34 of the Schedule.42Application for variation, &c., of an interstate order or of a Queensland order enforceable interstateAn application for the discharge, suspension, variation, or revival of an interstate order or of a Queensland order that is enforceable in another Australian State shall be in Form No. 35 or Form No. 36 of the Schedule, whichever is appropriate.43Notice of further hearingWhere a Provisional order has been made in Queensland to discharge, suspend, vary, or revive an interstate order, or a Queensland order enforceable in another Australian State, and a court in another Australian State remits the Provisional order for the taking of further evidence, notice shall be given to the applicant for the Provisional order and to the Collector in Form No. 37 of the Schedule.44Notice of application for confirmation of a Provisional order made in another Australian StateA notice by the Collector that he intends to make application to a Magistrates Court to confirm a Provisional order made in another Australian State discharging, suspending, varying, or reviving an interstate order or a Queensland order enforceable in that other Australian State shall be in Form No. 38 of the Schedule.45Notice of further hearingWhere depositions taken by a court in another Australian State in connection with a Provisional order remitted to that Court for the taking of further evidence have been sent to a Magistrates Court in Queensland, the clerk of the court shall send notice, in Form No. 39 of the Schedule, to the Collector and to the respondent, of the time and place when the matter will be further considered by the Court.46Notice remitting Provisional orderWhere a Magistrates Court before which a Provisional order made in another Australian State comes for confirmation orders that the case be remitted for the taking of further evidence, the clerk of the court shall remit the case and send a notice in Form No. 40 of the Schedule setting out the matters in respect of which further evidence is necessary.47Notice of confirmation or discharge of a Provisional orderWhere a Provisional order made in another Australian State has been confirmed (with or without modification), or has been discharged, by a Magistrates Court in Queensland, the clerk of the court shall send notice thereof, in Form No. 41 of the Schedule, to the court that made the Provisional order; and, where the Provisional order has been discharged, shall also send to the lastmentioned court a copy of the evidence taken in the proceedings in which the Provisional order was discharged.48Request for enforcement of interstate orderA request by the Collector to a clerk of the court to enforce an interstate order enforceable in that court shall be in Form No. 42 of the Schedule.49Transfer of interstate ordersWhere an interstate order is enforceable in a Magistrates Court in Queensland and the order is transferred to another Magistrates Court in Queensland, a notice by the clerk of the court to the defendant of the transfer of the order shall be in Form No. 51 of the Schedule.50Notice of changes affecting interstate orders, &c.Where the operation of a Queensland order enforceable in another Australian State, or of an interstate order enforceable in Queensland, is affected by an order (other than a Provisional order) event, or other matter made, occurring, or arising in Queensland, the notice by the Collector to the Collector in the other Australian State shall be in Form No. 52 of the Schedule.Part IVOverseas Maintenance51Duties of the Collector, &c.(1)The duties of the Collector shall be—

(a)To keep a ledger or ledgers (which may be in the form of any convenient system, including a card index system) showing—

(i)All overseas orders received by him for registration or confirmation in Queensland, and a record of all matters and happenings relating to those orders of which he is informed;

(ii)All orders sent by him to the Under Secretary for transmission to a reciprocating country, and a record of all matters and happenings relating to those orders of which he is informed;

(b)To pay to the persons entitled thereto all moneys received by him from a reciprocating country for and on behalf of persons resident in Queensland, or, as appropriate, remit such moneys to Assistant Collectors for payment to such persons;

(c)To remit to the appropriate authority in a reciprocating country all moneys received by him for payment to persons resident in that country; and

(d)To direct and supervise the operations of the Deputy Collector and Assistant Collectors.

(2)The duties of the Deputy Collector shall be to carry out the directions of and be responsible to the Collector.52Duties of Assistant CollectorsThe duties of every Assistant Collector shall be—

(a)To keep a cash book showing all moneys received by him—

(i)For transmission to a reciprocating country;

(ii)From a reciprocating country for payment to persons resident in his district;

and of the disposition thereof;

(b)To remit to the Collector moneys received by him for transmission to a reciprocating country;

(c)To pay to the persons entitled thereto all moneys received by him for or on behalf of those persons from a reciprocating country;

(d)To keep a ledger or ledgers (which may be in the form of any convenient system, including a card index system) showing—

(i)All overseas orders received by him for registration or confirmation in the Magistrates Court for the place to which he is appointed, and a record of all matters and happenings relating to those orders of which he is informed;

(ii)All orders sent by him to the Collector for transmission to a reciprocating country, and a record of all matters and happenings relating to those orders of which he is informed;

(iii)The amounts due by any person paying or liable to pay moneys to the clerk of the court for the place to which he is appointed;

(iv)The amounts paid by such persons from time to time; and

(v)The amount (if any) due to any person to whom money is being paid; and

(e)To carry out the directions of and be responsible to the Collector.

53Application to Collector to take steps to have a Queensland order made enforceable in a reciprocating countryAn application to the Collector by or on behalf of a complainant that a Queensland order be made enforceable in a reciprocating country shall be in Form No. 28 of the Schedule.54Collector’s CertificateA Collector’s Certificate in respect of a Queensland order or of an overseas order enforceable in Queensland shall be in Form No. 31 of the Schedule.55Request to Under Secretary to have Queensland order made enforceable in a reciprocating countryA request by the Collector that the Under Secretary seek to have a Queensland order made enforceable in a reciprocating country shall be in Form No. 43 of the Schedule.56Application for Provisional orderAn application to a Magistrates Court for a maintenance order against a person who is resident in or is proceeding to a reciprocating country shall be in Form No. 44 of the Schedule.57Provisional maintenance orderA provisional maintenance order made against a person resident in or proceeding to a reciprocating country shall be in Form No. 45 of the Schedule.58Statement of grounds on which the making of a maintenance order could have been opposedThe statement of the grounds on which the making of a maintenance order against a person resident in or proceeding to a reciprocating country could have been opposed if the defendant had appeared at the hearing shall, so far as applicable, include the matters set out in Form No. 46 of the Schedule.59Notice of further hearingWhere a Provisional order of maintenance has been made in Queensland against a person resident in or proceeding to a reciprocating country, or a Provisional order of discharge, suspension, variation, or revival, of an overseas order enforceable in Queensland, or of a Queensland order enforceable in a reciprocating country, has been made in Queensland, and a court in another Australian State or in a reciprocating country remits the Provisional order for the taking of further evidence in Queensland, notice shall be given in Form No. 37 of the Schedule to the Collector and to the applicant for the Provisional order.60Request that order be made not enforceable in a reciprocating countryWhere a Queensland order is enforceable in a reciprocating country, a request by the Collector to the Under Secretary that the order be made no longer enforceable in that reciprocating country shall be in Form No. 47 of the Schedule.61Request for registration of overseas orderA request by the Collector to a clerk of the court that an overseas order be registered in the Magistrates Court shall be in Form No. 32 of the Schedule.62Notification of registration of an overseas orderA notification by the Collector to a Collector in another Australian State or to an officer of a court or other authority in a reciprocating country that an overseas order has been registered in a Magistrates Court in Queensland shall be in Form No. 33 of the Schedule.63Notice to defendant of registration of an overseas orderWhere an overseas order is registered in a Magistrates Court in Queensland, the clerk of the court shall notify the defendant in accordance with Form No. 34 of the Schedule.64Summons to show cause why a Provisional overseas order should not be confirmedA summons to show cause why a Provisional order for maintenance made by a court in a reciprocating country against a defendant resident in Queensland should not be confirmed shall be in Form No. 48 of the Schedule.65Notice of further hearingWhere, at the request of a Magistrates Court in Queensland, a court in a reciprocating country has taken and remitted to the Magistrates Court further evidence taken on a Provisional order for maintenance (or discharge, suspension, variation, or revival of a maintenance order) made by the court in the reciprocating country, the clerk of the court shall, in Form No. 39 of the Schedule, notify the Collector and the defendant of the further hearing of the matter.66Notice remitting Provisional orderWhere a Magistrates Court adjourns proceedings upon a Provisional order for maintenance (or discharge, suspension, variation or revival of a maintenance order) made in a reciprocating country, and remits the order to the court that made it with a request that that court take further evidence and further consider its Provisional order, the notice by the clerk of the court to the court that made the Provisional order shall be in Form No. 40 of the Schedule.67Notice of confirmation or discharge of a Provisional order made in a reciprocating countryWhere a Provisional order made in a reciprocating country has been confirmed (with or without modification), or has been discharged, by a Magistrates Court in Queensland, the clerk of the court shall send notice thereof, in Form No. 41 of the Schedule, to the court that made the Provisional order; and, where the Provisional order has been discharged, shall also send to the lastmentioned court a copy of the evidence taken in the proceedings in which the Provisional order was discharged.68Request that an overseas order be made enforceable in another Australian StateWhere an overseas order is enforceable in a Magistrates Court in Queensland, a request by the Collector to a Collector in another Australian State that the overseas order be made enforceable in that other State shall be in Form No. 29 of the Schedule.69Request for registration of overseas order registered or confirmed in another Australian StateA request by the Collector to a clerk of the court that an overseas order, registered or confirmed in another Australian State, be registered in a Magistrates Court in Queensland shall be in Form No. 32 of the Schedule.70Request for enforcement of overseas orderA request by the Collector to a clerk of the court to enforce an overseas order enforceable in that court shall be in Form No. 42 of the Schedule.71Application for an order of variation, &c., of an overseas orderWhere an overseas order is enforceable in Queensland, an application for the discharge, suspension, or variation of the order shall be in Form No. 49 of the Schedule.72Application for an order of variation, &c., of a Queensland order enforceable in a reciprocating countryWhere a Queensland order is enforceable in a reciprocating country, an application for the variation or revival of the order shall be in Form No. 50 of the Schedule.73Notice of application for confirmation of a Provisional order made in a reciprocating countryA notice by the Collector that he intends to make application to a Magistrates Court to confirm a Provisional order made in a reciprocating country discharging, varying, suspending, or reviving, an overseas order, or a Queensland order enforceable in a reciprocating country, shall be in Form No. 38 of the Schedule.74Transfer of overseas orderWhere an overseas order is enforceable in a Magistrates Court in Queensland and the order is transferred to another Magistrates Court in Queensland, a notice by the clerk of the court to the defendant of the transfer of the order shall be in Form No. 51 of the Schedule.75Notice of change affecting overseas orders, &c.Where the operation of a Queensland order enforceable in a reciprocating country, or of an overseas order enforceable in Queensland, is affected by an order (other than a Provisional order) event, or other matter made, occurring, or arising in Queensland, the notice by the Collector to the appropriate authority in the reciprocating country shall be in Form No. 52 of the Schedule.Part VGeneral76Certificate of payment of arrearsA Certificate of the clerk of the court or the Collector as to amounts paid or unpaid under a maintenance order shall be in Form No. 53 of the Schedule.77Provisional ordersWhere a Provisional order is made and no specific Form is provided therefor in these Regulations, the order shall be headed with the word “Provisional” and at the foot thereof shall be set out the following words:—“THIS ORDER is Provisional only and shall have no effect unless and until confirmed (with or without modification) by a competent court in                  (naming the other Australian State or reciprocating country where the original order was made or the Provisional order is required to be confirmed).”78Orders in respect of childrenWhere an order is made under the Act (and whether as a Provisional order or as a final order) for the maintenance of a child, the order shall set out at the foot thereof the following words:—“NOTE—Unless a Court specifically orders the extension of a maintenance order alter a child’s sixteenth birthday, an order for the maintenance of a child ceases to have effect when the child attains the age of sixteen years, or dies, or is adopted, or the person against whom the order was made dies (whichever first occurs). See sections 25 and 26.”The ScheduleForm 1 amd reg pubd gaz 16 December 1978 p 1858Form 7 amd reg pubd gaz 16 December 1978 p 1858Form 9 amd reg pubd gaz 16 December 1978 p 1858Form 10 amd reg pubd gaz 16 December 1978 p 1858Form 11 amd reg pubd gaz 16 December 1978 p 1858Form 16 amd reg pubd gaz 16 December 1978 p 1858Form 18 om reg pubd gaz 24 June 1978 p 998Form 19 om reg pubd gaz 24 June 1978 p 998Form 20 om reg pubd gaz 24 June 1978 p 998Form 22 om reg pubd gaz 24 June 1978 p 998Form 31 amd reg pubd gaz 24 June 1978 p 998Form 34 amd reg pubd gaz 24 June 1978 p 998Form 51 amd reg pubd gaz 24 June 1978 p 998Form 53 amd reg pubd gaz 24 June 1978 p 998