Dixon and Secretary, Department of Social Services (Social services second review)

This matter concerned an appeal by Mr Dixon against a decision of the Administrative Appeals Tribunal (AAT) regarding his percentage of care for his child, Z. The Secretary of the Department of Social Services adopted a neutral position, making no submissions on the correct and preferable decision. The AAT had previously determined that Mr Dixon had a 50 per cent care percentage for child Z from 1 February 2014 to 9 March 2015.

The primary legal issue before the Tribunal was to determine the correct percentage of care for child Z attributable to Mr Dixon during the period from 1 February 2014 to 9 March 2015, and whether the Secretary had the power to revoke a previous determination of percentage of care under section 35Q of the relevant Act. This involved assessing whether the actual care arrangements corresponded with the existing percentage of care and whether a new determination would differ from the existing one.

The Tribunal considered evidence that both parents had signed a form in November 2013 confirming a 50-50 shared care arrangement. It also noted that child Z attended kindergarten on Mondays and Wednesdays in 2014 and commenced primary school on 17 March 2015, having been in Mr Dixon's care 100% since 9 March 2015. Crucially, the Tribunal found no documentary evidence to establish that the 50-50 care arrangement agreed to in November 2013 had been varied until 9 March 2015. Therefore, the Tribunal determined that the pattern of care for child Z was 50-50 from 1 February 2014 until 9 March 2015.

The Tribunal affirmed the decision under review, concluding that Mr Dixon had a care percentage of 50 per cent of child Z, and Ms Hilder had 50 per cent care of child Z, for the period from 1 February 2014 to 9 March 2015.