CGBF and Child Support Registrar (Child support second review)

This matter concerned a second review by the Administrative Appeals Tribunal (AAT2) of a decision made by the AAT1 regarding the percentage of care provided to children by each parent. The parties involved were CGBF (the applicant) and QVJW, with the Child Support Registrar (represented by the Department of Human Services) as the respondent. The dispute centred on the correct determination of the percentage of care each parent provided to their children from 12 February 2018, and the date from which any amended care percentage decision should take effect.

The AAT2 was required to determine the correct percentage of care provided by CGBF and QVJW to the children from 12 February 2018, and to decide the appropriate date of effect for any revised care percentage determination. This involved considering the evidence presented by both parents and applying the relevant provisions of the *Child Support (Assessment) Act 1989* (Cth) and the *Child Support (Registration and Collection) Act 1988* (Cth).

The Tribunal considered sections 49 and 50 of the *Child Support (Assessment) Act 1989*, which outline the Registrar's powers to determine a responsible person's percentage of care based on whether they have had, or are likely to have, a pattern of care for the child. Section 49 applies where there is no pattern of care, resulting in a 0% determination unless section 51 applies, while section 50 applies where there is a pattern of care, requiring a determination that corresponds with the actual care provided. The AAT1 had previously set aside an objections officer's decision, which had found 52% care for QVJW and 48% for CGBF from 12 February 2018, and instead determined that from 12 February 2018, CGBF provided 32% care and QVJW provided 68% care, with an effective date of 28 May 2018. The AAT2 affirmed the AAT1's decision.