DRQL and Child Support Registrar (Child support second review)

This matter concerned a second review of a child support determination, brought before Member Ranson of the Tribunal. The dispute centred on the percentage of care provided by the mother and father to their daughter during a specific care period, with disagreement as to who had actual care of the child and whether either parent provided care during periods when the child was not residing with them.

The Tribunal was required to determine the applicable end date of the care period and to assess the extent to which each parent provided actual care for the child, particularly in light of evidence suggesting the child was living with her uncle and his wife for a significant portion of the relevant period. A key legal issue was whether the principles established in *Polec & Straker* regarding the assignment of care percentages when a child does not reside with either parent were applicable to the facts of this case.

In reaching its decision, the Tribunal considered the non-exhaustive list of factors outlined in *Polec & Straker*, including the provision of accommodation, clothing, food, supervision, and financial support, as well as the extent to which the child met her own needs or had them met by others. The Tribunal found that both parents provided limited care, with the mother having no overnight care after September 2022 and the father's overnight care being limited, intermittent, and impractical due to his accommodation. While both parents provided some financial support, it was insufficient to meet the child's needs, which were largely met by other family members and friends. The Tribunal also noted that decisions regarding the child's overnight stays were made mutually, and the child was partially supporting herself through part-time work and Austudy.

The Tribunal varied the decision under review, finding the end date for the care period to be 26 December 2023. It concluded that the daughter was living with her uncle and his wife for almost all of calendar 2023, and that neither parent provided regular or consistent care during the disputed period.