FFTS and Child Support Registrar (Child support second review)

This matter concerned a review of a decision by the Social Services & Child Support Division of the Administrative Appeals Tribunal (SSCSD) regarding a child support assessment for Child B. The applicant sought to revoke an existing care percentage determination from 2016, which had assigned them 100% care of Child B. The core dispute revolved around whether there had been a change in the pattern of care for Child B and, if so, from what date any new care percentage determinations should take effect.

The court was required to determine whether the existing care percentage determination should be revoked, and if so, from what date any such revocation should take effect. Further, it needed to ascertain the parents' respective percentages of care for Child B during an appropriate period, which would constitute the 'care period', and from when any new care percentage determinations would be effective. The court noted that claims of fraud, conspiracy, or discrimination made by the other party were not relevant to the review of the decision under consideration.

The court considered the provisions of Subdivision C of Division 4 of Part 5 of the Child Support (Assessment) Act 1989 (Cth) concerning the revocation of care percentage determinations, specifically sections 54F, 54G, and 54H. It was determined that section 54G was not applicable as the existing determination was made under section 49 of the Act, and the applicant had not made Child B available to the other party. The court found that the applicant had ceased to have overnight care of Child B from June 2019, and the issue was whether any other form of care, such as financial support, had been provided since that date. The court also noted that the application for review was made outside the prescribed time limit, and in the absence of special circumstances preventing an earlier application, the date of effect for the Tribunal's decision was 28 August 2021.

The SSCSD had previously set aside an objection decision and substituted its own determination that neither parent had care of Child B from 14 June 2019, and that a child support terminating event occurred on that date. This decision was to be given effect from 14 June 2019. The court's decision under review was this substituted determination by the SSCSD.