GCKN and Child Support Registrar (Child support second review)

This matter concerned a second review of a child support determination before the Administrative Appeals Tribunal. The applicant, GCKN, sought to challenge the date of effect of a new care percentage determination, which had implications for his child support liability. The Child Support Registrar was the respondent.

The primary legal issue before the Tribunal was whether it possessed the discretion to alter the legislatively prescribed date of effect for a change in care percentage, notwithstanding that the notice of change was provided to the Child Support Agency more than 28 days after the actual change in care occurred. The Tribunal also had to determine the precise date upon which GCKN notified the Child Support Agency of the change in care.

The Tribunal reasoned that the relevant provisions of the child support legislation concerning the date of effect of a new care percentage determination operated mechanically and absolutely, affording the Tribunal no power to override their operation. While acknowledging GCKN's potential frustration, particularly given past periods of 100% care, the Tribunal held that the reasons for the delay in notification were irrelevant to the application of the statutory provisions. The Tribunal identified a minor factual error in the previous decision regarding the date of notification.

Consequently, the Tribunal varied the decision under review by correcting the date of effect of the new care percentage determination from 15 May 2018 to 4 May 2018, reflecting the corrected date of GCKN's notification to the Child Support Agency.