Gilthorpe and Bloomfield (Child support)

The Administrative Appeals Tribunal considered the application of Gilthorpe and Bloomfield concerning a child support assessment. The dispute centred on whether the child support assessment should be extended beyond the child's 18th birthday to the end of the school year in which the child turned 18. The applicant sought an extension of the assessment, arguing that the child would continue in full-time secondary education.

The Tribunal was required to determine whether the child qualified for an extension of child support past their 18th birthday under section 151(2) of the *Child Support (Registration and Collection) Act 1988* (Cth). Specifically, the Tribunal had to ascertain if the child's 18th birthday occurred 'during a year in which the child is in full-time secondary education', and if the child would continue to be in full-time secondary education until the end of that school year.

The Tribunal reasoned that the child's 18th birthday fell before the commencement of the school year. While the child intended to continue their studies in the following year and had engaged in home schooling and casual work, the critical factor was that the birthday did not occur *during* the school year in question. The legislation requires the birthday to fall within the period of full-time secondary education for the extension to apply to the end of that school year. Therefore, the Tribunal found that the conditions for extending the assessment to the end of the current school year were not met. The decision under review was affirmed.