He and Secretary, Department of Social Services (Social services second review)

This matter concerned a review of a decision regarding the percentage of care provided by the Father to the Child for the purposes of family assistance payments. The dispute centred on determining the correct shared care percentages between 24 May 2016 and 22 April 2018, following the separation of the Child's parents. The decision was made by D Mitchell M.

The legal issues before the Tribunal were to ascertain the correct shared care percentages for the Child during the specified period and to determine if there had been a change in these percentages. This involved interpreting the relevant provisions of the *Family Assistance Act* (FA Act) concerning care arrangements and the calculation of actual care provided by each parent.

The Tribunal reasoned that for the period between the parents' separation on 24 May 2016 and the Federal Circuit Court interim consent parenting orders on 12 July 2016, the Father provided 0% care as no formal care arrangement was in place. Verbal agreements or past family norms did not constitute a "care arrangement" under the FA Act. The Tribunal applied the general principle that actual care is calculated by considering nights in care, unless there is a good reason to consider hours of care. The Tribunal rejected the Father's contention that paying for childcare meant he was providing care during those hours, as the responsibility for overnight care determined the primary caregiver on those days. The Tribunal found that a change of care occurred from 22 January 2018, and for the period between 22 January 2018 and 23 April 2018, the Father provided 50% care. The decision under review was varied to reflect that the Father provided 50% care and the Mother provided 50% care from 22 January 2018. The Tribunal also determined that the Father provided 14% care from 12 July 2016, 28% care from 21 October 2016, and 42% care from 1 April 2017.