Devlin and Child Support Registrar (Child support)

This matter concerned an appeal by Mr Devlin against a decision of the Child Support Registrar. The dispute centred on the percentage of care provided by Mr Devlin for his child, [Child 1], and whether an existing determination of care percentages should be revoked and a new one made. The decision was heard by R Ellis SM.

The primary legal issue before the Tribunal was whether the Registrar had erred in revoking an existing determination of care percentages and making a new determination, specifically whether the Registrar had correctly applied the provisions of the *Child Support (Registration and Collection) Act 1988* (Cth) concerning the revocation of care percentage determinations. The Tribunal also considered the evidence presented regarding the actual pattern of care for the child.

The Tribunal found that the evidence, including care calendars provided by both parties, established a change in the likely pattern of care from 1 January 2017, with Mr Devlin providing 13 per cent care and Ms A providing 87 per cent care. The Tribunal noted that the existing determination reflected Mr Devlin as having 2 per cent care, which resulted in a nil cost percentage. The Tribunal determined that neither section 54F nor section 54G of the Act, which mandate revocation in certain circumstances, applied because the new care percentage determination did not change the cost percentage. However, the Tribunal found that section 54H of the Act, which allows for discretionary revocation where a new determination affects the care percentage but not the cost percentage, was applicable. Applying the principles outlined in the Explanatory Memorandum and the Child Support Guide, the Tribunal concluded that where there is clear evidence of a change in care and new care percentages can be determined, the Registrar should revoke the existing determination to maintain accurate records, even if the cost percentage is unaffected.

The Tribunal affirmed the decision to revoke the existing determination and make a new determination reflecting Mr Devlin's care percentage as 13 per cent from 1 January 2017.