Bacani and Child Support Registrar (Child support)

The Administrative Appeals Tribunal (AAT) considered the appeal of Mr. Bacani against a decision by the Child Support Registrar concerning the percentage of care for his child. The dispute centred on whether there had been a change to the likely pattern of care and whether an interim care determination should have been made by the Registrar.

The Tribunal was required to determine two primary legal issues. Firstly, whether the care provided to the child was occurring in compliance with the existing care arrangements. Secondly, if the care was not in compliance, whether the Registrar had erred in not making an interim care determination, and if there were any special circumstances that would warrant such a determination.

In its reasoning, the Tribunal found that the care arrangements were not being complied with, as the child was not spending the agreed-upon time with Mr. Bacani. The Tribunal applied the principles of the *Child Support (Registration and Collection) Act 1988*, specifically considering the provisions relating to changes in the pattern of care and the circumstances under which an interim determination can be made. It concluded that no special circumstances existed to justify an interim determination, and that the Registrar's decision was therefore incorrect. The Tribunal set aside the Registrar's decision and substituted its own.