FFTS and Child Support Registrar (Child support second review)

This matter concerned an application before the Administrative Appeals Tribunal (AAT) for a second review of a child support decision. The applicant, FFTS, sought to object to the issue of a summons to give evidence. The dispute arose from allegations made by the Other Party concerning fraud by FFTS in relation to Centrelink benefits and child support payments, and a belief that the Child Support Registrar (CSA) was aware of and complicit in this alleged fraud.

The primary legal issue before the Tribunal was whether the request to issue a summons to the CSA would materially assist the Tribunal in determining the issues before it, specifically in relation to the alleged fraud and the CSA's conduct. The Tribunal was required to consider its powers under section 40A of the *Administrative Appeals Tribunal Act 1975* (Cth), which permits the issue of summonses for persons to give evidence or produce documents, but also allows for the refusal of such requests.

The Tribunal reasoned that the allegations of fraud and the CSA's alleged complicity were serious but were not directly relevant to the specific child support review before it. The Tribunal noted that the applicant's request for a summons was based on a belief that the CSA was not neutral and was facilitating fraud, and sought to obtain correspondence and advice provided by the CSA. However, the Tribunal found that the evidence sought from the CSA was unlikely to assist in determining the correctness of the child support assessment itself. The Tribunal concluded that the request for the summons was not likely to materially assist in the determination of the issues before it, and therefore, the request was refused.