KPMB and Child Support (Child support second review)

[2025] ARTA 220

KPMB and Child Support (Child support second review) [2025] ARTA 220 (18 March 2025)

Applicant/s:  KPMB 

Respondent:  Child Support Registrar

Other Party:   QGFQ

Tribunal Number:                2024/2353

Tribunal:Senior Member M Kennedy

Place:Adelaide

Date:18 March 2025  

Decision:The application is dismissed pursuant to section 97 of the Administrative Review Tribunal Act 2024 for want of jurisdiction.

Statement made on 18 March 2025 at 9:54am

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.

Catchwords

Application for second review – change of assessment decision – no jurisdiction

Legislation

Child Support (Registration and Collection) Act 1988

Administrative Review Tribunal Act 2024

Statement of Reasons

1. KPMB and QGFQ are the parents of two children, in respect of whom a child support assessment is in place.  On 26 February 2024, the Administrative Appeals Tribunal (AAT) completed a review pertaining to an application for a change of assessment first lodged by Ms QGFQ on 17 September 2022.  

2. On 28 March 2024 KPMG lodged an application for second review of the AAT’s decision.  Unfortunately, the application, which was manifestly outside the AAT’s jurisdiction, was not referred to a member of the Tribunal to be dealt with promptly.  The delay in dealing with this matter is regrettable.

3. At the time the application for second review was lodged, the jurisdiction of the AAT in respect of second review of decisions under the Child Support (Registration and Collection) Act 1988 (the Registration and Collection Act) was limited to those matters specified at section 96A, essentially refusals of extensions of time, care percentage decisions and allied decisions pertaining to date of effect. Decisions made under Part 6A of the Child Support (Assessment) Act 1988 (i.e. ‘change of assessment’ decisions) were conspicuously not included.

4. From 14 October 2024, the Administrative Appeals Tribunal (AAT) was abolished, and the Administrative Review Tribunal (the ART) was established. Under the transitional provisions in the Administrative Review Tribunal (Consequential and Transitional Provisions No. 1) Act 2024 (the Transitional Act), applications for review to the AAT that were not finalised before 14 October 2024 are taken to be an application for review to the Tribunal. The Transitional Act gives the Tribunal the authority to continue and finalise any aspect of the review not already completed by the AAT.

5. Section 131C of the Administrative Review Tribunal Act 2024 (the ART Act), does essentially the same work as the former section 96A of the Registration and Collection Act did in terms of limiting the kind of child support decisions that are amenable to second review. Section 131C of the ART Act identifies ‘eligible social services decisions’ amenable to second review in the Tribunal, and ‘change of assessment’ decisions are not included.

6. It follows that under both the old law and the new law, the application lodged by KPMG for second review of the ‘change of assessment’ decision is outside the jurisdiction of the Tribunal and must be dismissed. I am satisfied the decision is not reviewable and dismiss the application pursuant to section 97 of the Administrative Review Tribunal Act 2024.

   DECISION

   The application is dismissed pursuant to section 97 of the Administrative Review Tribunal Act 2024 for want of jurisdiction.