BMSJ and Child Support Registrar (Child support second review)

This matter concerned a second review by the Administrative Appeals Tribunal (AAT) of a decision by the Child Support Registrar regarding a percentage of care determination. The parties involved were BMSJ and the Child Support Registrar. The core dispute revolved around determining the actual date a child, M, ceased to be in the care of her mother, which would impact the calculation of child support payments.

The AAT was required to determine whether an existing percentage of care determination should be revoked under sections 54F or 54G of the *Child Support (Assessment) Act 1989* (the Act). This involved ascertaining the actual "care change day" and making a new determination of the percentage of care. The legal framework stipulated that revocation could occur if the actual care of the child did not correspond with the existing determination, or if a person who was to have regular care had no care. The legislation also provided for the date of effect of such revocations, generally taking effect from the day before the care change occurred, particularly for changes notified after 1 January 2019.

The Tribunal's reasoning centred on the factual determination of when M ceased to be in her mother's care. While considerable documentary evidence was presented, the Tribunal placed significant weight on the oral evidence of M, who was 18 years old at the time of the hearing and thus permitted to give testimony under section 98A of the *Child Support (Registration and Collection) Act 1988*. The Tribunal found M to be a credible witness, whose evidence was determinative. M testified that she moved out of her mother's home in September 2017 to live with her aunt, and did not reside with her mother again after that date. This evidence was corroborated by the boyfriend of M, who also gave evidence.

Consequently, the Tribunal set aside the previous decision and substituted it with a new decision reflecting its findings regarding the change in care arrangements.