BMGV and Child Support Registrar (Child support second review)

This matter concerned a review by the Administrative Appeals Tribunal (AAT) of a decision by the Child Support Registrar regarding the percentage of care of a child, F. The parties involved were BMGV (the Mother) and the Child Support Registrar, with the Father also participating in the proceedings. The dispute centred on whether the AAT should make two separate percentage of care decisions for different periods, reflecting both a Family Court order and the actual care arrangements, and the dates from which these should apply.

The Tribunal was required to determine the percentages of care each party had for F from 12 July 2018, and for what period. Crucially, the Tribunal had to consider whether section 51 of the Child Support (Assessment) Act 1989 (Cth) applied, necessitating two distinct percentages of care. This involved assessing from which date the first percentage should apply, for how long it should apply, and what percentages of care were attributed to each party under the Family Court order and what they actually had during the relevant period.

The Tribunal considered sections 49 and 50 of the Assessment Act, which outline when a percentage of care determination must be made. Section 49 applies where a responsible person has no pattern of care for a child. The AAT's previous decision had found that the Father had taken reasonable action to comply with the Family Court order, but the Mother had not. Consequently, the AAT had determined two percentages of care: one reflecting the Family Court order (22% Father, 78% Mother) from 12 July 2018 to 9 January 2019, and another reflecting the actual care (0% Father, 100% Mother) from 10 January 2019 onwards. The Mother sought a review of this decision.