CJJQ and Child Support Registrar (Child support second review)

The matter before the court concerned a review of a decision by the Child Support Registrar, affirmed by the Administrative Appeals Tribunal (AAT), that from 29 January 2016, neither parent had the daughter in their care, resulting in a 0% care percentage for both. The daughter was born in 2000, and following the parents' separation in 2000, she resided with her mother. Child support arrangements were in place, with the mother recorded as having 100% care until the Registrar's decision in December 2017, prompted by the father's application in September 2017. The mother subsequently objected to this decision and sought a review by the AAT.

The primary legal issues before the court were whether the existing care determination should be revoked, whether there had been a change in the percentage of care attributed to each parent, and whether special circumstances prevented the mother from lodging her objection within the prescribed timeframes. The court was also required to consider the effective date of any revised care determination.

The court's reasoning focused on the evidence presented regarding the daughter's living arrangements and the mother's capacity to object in a timely manner. The AAT had previously affirmed the Registrar's decision, but the current review considered further evidence, including medical evidence relating to the mother's circumstances. The court applied principles of administrative law concerning the review of decisions, the interpretation of the Child Support (Registration and Collection) Act 1988, and the assessment of "special circumstances" for late objections.

The court set aside the previous decision and substituted its own determination regarding the percentage of care and the date from which it should take effect.