FRGC and Child Support Registrar (Child support second review)

The Administrative Appeals Tribunal (AAT) reviewed decisions made by the Child Support Registrar concerning the care percentages for a daughter between 3 June 2019 and 22 September 2019, and again from 21 October 2019 to 15 June 2020. The Registrar's decisions attributed 0% care to the applicant and 100% care to the other party for these periods. The applicant sought a review of these decisions, and the hearing was conducted via video conference due to the COVID-19 pandemic.

The primary legal issues before the Tribunal were to determine the correct care percentages for the specified periods, whether "special circumstances" existed that prevented the applicant from objecting within the prescribed time limits, and whether the applicant had taken appropriate action to enforce Federal Court parenting orders regarding the daughter's care arrangements. The Tribunal also considered the appropriate date of effect for any revised care determinations.

The Tribunal applied the principles outlined in the Child Support Guide, noting that it would ordinarily follow such policy unless it was unlawful or produced an unjust outcome. The Tribunal considered the relevant legislation, including the *Child Support (Assessment) Act 1989* (Cth) and the *Child Support (Registration & Collection) Act 1988* (Cth). The decision indicates that the Tribunal found there were no compelling reasons to depart from the established policy in this case. The Tribunal also had regard to the Federal Court parenting orders and the applicant's mental health and serious illness as potential factors in considering the extension of time for objection.