Clause 9

replace the section heading with —“Variation or rescission of maintenance orders, directions, etc.”;

in subsection (1), replace “, whether secured or unsecured” with “(whether secured or unsecured), in respect of a parent, or any direction given under section 6(5) or order made under section 6(8)”;

in subsection (1)(a), after “order”, insert “or direction (as the case may be)”;

in subsection (1), after paragraph (a), insert —“(aa)without limiting paragraph (a), where the parent has a record or purported record of abandonment, abuse or neglect of the respondent but this was not considered by or made available to the Tribunal at the time of making of the maintenance order;”;

in subsection (1)(b), replace “applicant” with “parent”;

in subsection (2), replace “of a maintenance order” with “or rescission of a maintenance order, a direction given under section 6(5) or an order made under section 6(8),”;

in subsection (2)(c), insert “or” at the end;

in subsection (2), delete paragraph (d);

in subsection (4), replace “conciliation officer” with “mediator”; and

after subsection (4), insert —“(5) The president or a deputy president of the Tribunal may dismiss any application made under subsection (2) if he or she is of the opinion that the application is frivolous or vexatious, and give the reasons for the dismissal.(6) Any person who is aggrieved by a decision made under subsection (5) may, within 14 days after the decision, appeal in writing to the Tribunal.(7) The president or deputy president of the Tribunal (as the case may be) who made the decision under subsection (5) that is under appeal must not participate in the proceedings or determination of the appeal.(8) The president or a deputy president of the Tribunal may dismiss an application under subsection (5), and the Tribunal may determine an appeal made under subsection (6), without informing or involving the respondent.(9) To avoid doubt, a reference to a maintenance order in this section includes a reference to a maintenance order made under section 5(3) with the consent of the applicant and respondent.”.