Gowland and Orton (Child support)

[2023] AATA 2938

Gowland and Orton (Child support) [2023] AATA 2938 (17 July 2023)

DIVISION:Social Services & Child Support Division

REVIEW NUMBER:  2023/MC026047

APPLICANT:  Mr Gowland

OTHER PARTIES:  Child Support Registrar

Mrs Orton

TRIBUNAL:Senior Member K Dordevic

DECISION DATE:  17 July 2023

CATCHWORDS

CHILD SUPPORT – dismissal of application for review – non agency payment – 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. Mr Gowland lodged an application for merits review with this Tribunal on 3 May 2023 regarding an objection decision made by Services Australia – Child Support that disallowed his objection to the decision made to refuse to credit $1,994 as a non-agency payment towards his child support liability.

2. An Early Case Assessment Conference took place on 7 June 2023. It was explained to Mr Gowland at the conference that there was no evidence of mutual intention between the parents to credit the payment of $1,994 as a non-agency payment. Furthermore, as Mr Gowland has 50% care the payments could not be credited as a prescribed non-agency payment. On 7 June 2023 the Tribunal wrote to Mr Gowland via his nominated email address.  The email relevantly stated:

   As discussed, here is a link to information in the Child Support Guide about the requirements for crediting non-agency payments, which is the decision before the tribunal.  

   5.3.1 Non-agency payments | Child Support Guide (dss.gov.au) Here is a link to information about change of assessment applications.

   2.6 Change of assessment in special circumstances | Child Support Guide (dss.gov.au)

   I spoke with Ms Orton about your tribunal application. She said she did not agree to the relevant payments being credited against your child support liability. Therefore, your application cannot be resolved by way of an agreed outcome. Having considered the above, please confirm whether you wish to proceed with your tribunal application.

3. The Tribunal received the following response from Mr Gowland on 14 June 2023:

   In response to your letter, I advise that I would like the matter left open. If I can be directed toward an appropriate person who can adequately explain why it is deemed fair and reasonable that valid non-agency payments cannot be credited to a payer of child support with more than 14% parental care then I will reconsider my position.

4. On 16 June 2023 the Tribunal wrote to Mr Gowland via his nominated email address.  The email, in part, advised Mr Gowland that the Tribunal is considering whether to dismiss the application on the basis that the application has no reasonable prospect of success. Mr Gowland was invited to provide any evidence or written submissions that he wished to have considered within 21 days of receipt of the email.

5. Mr Gowland did not provide any further evidence or submissions.

6. The Tribunal notes that if the matter proceeded to review by the Tribunal Mr Gowland could not receive a more favourable decision.

7. 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).