JPFQ and Child Support Registrar (Child support second review)

This matter concerned an application to review a decision of the Social Services and Child Support Division of the Administrative Appeals Tribunal (the Tribunal). The Tribunal affirmed a prior decision of an authorised objections officer, which had declined to vary the care percentage attributed to each parent for two of their children, D and W. The applicant father had objected to the initial care percentage determination made by a delegate of the Child Support Registrar, which had been based on parenting orders made under the *Family Law Act 1975* (Cth).

The legal issues before the Tribunal were whether the existing care determination should be revoked under sections 54F, 54G, or 54H of the *Child Support (Assessment) Act 1989* (Cth), what percentage of care should be determined for each parent under sections 49 and/or 50 of that Act if revocation was warranted, and the date of effect for any revised care percentage determination. These issues hinged on a factual assessment of the pattern of care for the children.

The Tribunal's reasoning focused on interpreting the parenting orders to determine the actual pattern of care. The authorised objections officer and the Tribunal had calculated that the father had care of D and W for 122 nights per year, representing 33% care, based on the terms of the court orders. The father contended that a more precise calculation, accounting for the fortnightly cycle and school holiday commencement and end dates, showed he had care for at least 129 nights per year, or 35% care. The Tribunal, however, affirmed the previous decision, finding that the existing calculation of 122 nights per year was correct.

The Tribunal affirmed the objections officer's decision in respect of D and W. The father subsequently applied to the General Division of the Tribunal for a further review of this decision.