Bertram and Secretary, Department of Social Services (Social services second review)

This matter concerned an application by David Bertram for review of a decision of the Administrative Appeals Tribunal (Social Services and Child Support Division). The dispute centred on the percentage of care provided to Owen, the parties' child, by each parent for the periods 1 February 2013 to 31 December 2013, and 1 January 2014 to 22 December 2014, for the purposes of Family Tax Benefit. Mr Bertram contended that care was shared equally during these periods, while Mrs Ganley asserted she had provided 100 percent of the care from 1 February 2013.

The legal issues before the Tribunal were to determine the percentage of care provided by each parent to Owen during the specified periods, given the inconsistent evidence presented by Mr Bertram and Mrs Ganley. The Tribunal was required to assess the credibility of each parent and consider documentary and witness evidence to make a determination regarding the FTB child definition under the *A New Tax System (Family Assistance) Act 1999* (Cth).

The Tribunal preferred the evidence of Mrs Ganley, supported by documentary evidence including school fee payments and a gym membership letter, and statements from Owen's adult siblings, Jesse and Coralee. While Mr Bertram provided evidence from two individuals, their statements lacked detail and their reliability could not be fully gauged. The Tribunal found Mr Bertram's own evidence to be vague and noted his criticisms and claims of being shut down appeared to be a way of avoiding the core issues. Consequently, the Tribunal was satisfied that Mrs Ganley provided 100 percent of the care for Owen during the periods in question. The Tribunal affirmed its previous decision of 11 December 2015, which recorded Mrs Ganley as having 100 percent care of Owen from 1 February 2013.