FMSG and Child Support Registrar (Child support second review)

The Administrative Appeals Tribunal (AAT) considered whether it had jurisdiction to review a decision concerning a child support percentage of care. The parties involved were FMSG and the Child Support Registrar.

The central legal issue before the Tribunal was whether it possessed the authority to conduct a "second review" of a prior AAT decision relating to the percentage of care for child support purposes. This question hinged on the interpretation of the relevant legislative provisions defining "care percentage decision" and the scope of decisions amenable to second review.

Deputy President McDermott P clarified that the definition of a "care percentage decision" within section 4 of the relevant Act, as incorporated by section 96A(b), was intentionally drafted to encompass determinations made under provisions within Subdivision B of Division 4 of Part 5 of the Assessment Act. His Honour emphasised that this definition was not intended to restrict second reviews solely to decisions originating from powers exclusively found within that specific subdivision, but rather to identify the core element of such decisions.

Consequently, the Tribunal found that it had jurisdiction to review the decision previously made by the Social Security & Child Support Division of the AAT on 28 July 2018.