Cameron and Child Support Registrar

Administrative

Appeals

Tribunal

 

DECISION AND REASONS FOR DECISION [2005] AATA 445

ADMINISTRATIVE APPEALS TRIBUNAL      )

)          No W2004/357

GENERAL ADMINISTRATIVE DIVISION		)
Re		THOMAS CAMERON

Applicant

And CHILD SUPPORT REGISTRAR

Respondent

DECISION

Tribunal Associate Professor S D Hotop, Deputy President

Date18 May 2005

PlacePerth

Decision The application for review is dismissed.

...........(sgd S D Hotop)............

Deputy President

and

“a statement that specifically draws the attention of the liable parent and the carer entitled to child support to the right … to apply to the Registrar for a determination under Part 6A having the effect that the provisions of this Act relating to administrative assessment of  child support will be departed from in relation to a child in the special circumstances of the case;”.

6. Part 6A of the Act provides for the making by the Registrar of a determination having the effect that the provisions of the Act relating to administrative assessment of child support will be departed from in relation to a child. Section 98C authorises the Registrar, upon application by either the relevant “liable parent” or the relevant “carer entitled to child support”, to make such a determination. Section 98G requires the Registrar to serve a copy of the application and any accompanying documentation on the other party, and to inform that other party in writing that they may make a representation regarding the application, and, in the event that such a representation is made, to serve a copy of it, and of any accompanying documentation, on the applicant. Section 98JA provides that, if the Registrar refuses to make a determination, the Registrar must serve notice in writing of the decision on the applicant, and such notice must include a statement to the effect that, inter alia, the applicant may, subject to the Act, object to the decision.

7. Section 98K authorises the Registrar of their own motion to make a determination under Part 6A. Section 98M requires the Registrar to give prior notice in writing to both parties and to inform them in writing that they may make a representation to the Registrar. If a party make a representation, the Registrar is required to serve a copy of it, and of any accompanying documentation, on the other party.

8. Section 98S(1) lists the kinds of determinations that the Registrar is authorised to make under Part 6A, including:

“(a)a determination varying the rate of child support payable by the liable parent concerned;

(b)a determination varying the child support percentage, adjusted income amount, child support income amount or exempted income amount of the liable parent;

… ”.

9. Part 6B of the Act is as follows:

“Part 6B—Objection procedure and AAT review of certain decisions

98W  Object and general principle of this Part

(1)       The object of this Part is:

(a)to provide for internal reconsideration of decisions of the Registrar that are reviewable by a court having jurisdiction under this Act; and

(b)to provide for internal reconsideration of certain other decisions…