Chandra and Child Support Registrar (Child support)

The Administrative Appeals Tribunal reviewed a decision of the Child Support Registrar concerning a child support assessment. The applicant, Chandra, sought a determination of a new percentage of care for the child. The Registrar had refused to make this determination, asserting that a binding child support agreement was in place.

The primary legal issue before the Tribunal was whether it had the power to make a new percentage of care determination when a binding child support agreement was operative between the parties. The Tribunal also considered whether the applicant had sought the appropriate variation to the provisional notional assessment, which would have been a prerequisite for a new care percentage determination in certain circumstances.

The Tribunal reasoned that the existence of a binding child support agreement precluded the making of a new percentage of care determination under the relevant provisions of the *Child Support (Registration and Collection) Act 1988*. It held that a request for a variation to the provisional notional assessment had not been made, and therefore, the Registrar was correct in refusing to make a new care percentage determination. The Tribunal concluded that the Registrar's decision was sound in law.

The Tribunal set aside the decision under review and substituted a decision affirming the Registrar's refusal to make a new percentage of care determination.