Gaskin and Auster (Child support)

[2023] AATA 3403

Gaskin and Auster (Child support) [2023] AATA 3403 (29 September 2023)

DIVISION:Social Services & Child Support Division

REVIEW NUMBER:  2023/PC026397

APPLICANT:  Mr Gaskin

OTHER PARTIES:  Child Support Registrar

Ms Auster

TRIBUNAL:Senior Member K Dordevic

DECISION DATE:  29 September 2023

CATCHWORDS

CHILD SUPPORT – dismissal of application for review - particulars of the administrative assessment – non-agency payments - no reasonable prospect of success - application for review dismissed

Names used in all published decisions are pseudonyms. Any references appearing in square brackets indicate that information has been removed from this decision and replaced with generic information so as not to identify involved individuals as required by subsections 16(2AB)-16(2AC) of the Child Support (Registration and Collection) Act 1988. 

DISMISSAL OF APPLICATION FOR REVIEW:

1. The Tribunal is satisfied that the application for review has no reasonable prospect of success and dismisses the application for review pursuant to subsection 42B(1) of the Administrative Appeals Tribunal Act 1975 (AAT Act).

2. The reasons for this decision are set out in the following paragraphs.

3. A child support assessment has been registered with the Services Australia -Child Support (Child Support) since 7 October 2004 in respect of the parents’ child. The Child Support assessment ended on 13 December 2021. During the period 4 December 2020 to 13 December 2021 this child was recorded as being in the mother's 100% care

4. On 28 January 2023 the father advised child support that he had made various payments directly to the mother totalling $1,003 during the period 6 April to 29 November 2021, as well as a payment to [College 1] for school fees totalling $10,881 on 29 January 2021. He sought to have these payments credited to his child support liability as non-Agency payments.

5. On 7 March 2023 Child support accepted the payment totalling $11,880 for school fees and direct payments made to the mother as non-Agency payments.

6. On 14 April 2023 the mother lodged an objection to the decision. The objection was partly allowed on 5 July 2023. The basis of the decision was as follows. He states that, in respect of the various payments made totalling $1,003 from 6 April to 29 November 2021, he made the payments directly to the child for various expenses, possibly including gym membership. He stated that he does not communicate with the mother and so he had not had a discussion with her about the payments being in lieu of child support. Child support determined that the various payments totalling $1,003 could not be credited as non-Agency payments as there was no mutual intention that they would be so credited. However, Child Support determined that the payment of school fees satisfied the requirements of a prescribed non-Agency payment pursuant to section 71C of the Child Support (Registration & Collection) Act 1988 and so credited this payment to the Child Support liability.

7. The father then lodged an application to this Tribunal on 11 July 2023.

8. On 18 August 2023 the parents participated in an Early Case Appraisal Conference. At his conference the father confirmed that there was no mutual intention between he and the mother to credit the payments totalling $1,003 to the Child Support liability. He confirmed that he and the mother simply do not speak at all.

9. On 21 August 2023 the Tribunal wrote to the father stating:

   I am writing on behalf of the Conference Registrar who has asked that the following be emailed to you:

   As discussed, here is a link to information in the Child Support Guide about making a court departure application.

   4.3.2 Applications & orders about decisions under the CSA Act | Child Support Guide (dss.gov.au)

   As also discussed, if you have concerns about Child Support’s administration of your case you may contact Child Support’s complaints area or the Commonwealth Ombudsman.

1. On 30 August 2023 the Tribunal wrote to the father stating:

   As discussed at your Early Case Assessment Conference, the Tribunal is considering whether to dismiss your application under section 42B(1)(a) of the Administrative Appeals Tribunal Act 1975 on the basis that the application has no reasonable prospect of success.

   You have 21 days from the date of this letter to give us any evidence or written submission that you wish to have considered before that decision is considered.

2. On 21 September 2023 the father provided a written response, stating that he did not agree with the decision to dismiss the application and that he believes that if the matter proceeded to hearing he may be successful.

3. No submission or evidence received from the father to contradict the findings made by Child Support. The Tribunal concludes that the decision made by Child Support was factually and legally correct and therefore it was not possible for the father to receive a more favourable outcome should he continue with his application.

4. Thus, the Tribunal is satisfied that the application for review has no reasonable prospect of success and so dismisses the application pursuant to subsection 42B(1) of the AAT Act.