Merl and Child Support Registrar

The Administrative Appeals Tribunal considered an application by Mr John Merl for a review of a decision by the Child Support Registrar to issue a departure prohibition order (DPO) against him. The Registrar had issued the DPO on the grounds that Mr Merl had an outstanding child support debt, had not made satisfactory arrangements to discharge this debt, and had persistently failed to pay his child support obligations. Mr Merl sought the revocation of the DPO to enable him to travel overseas for work.

The Tribunal was required to determine whether Mr Merl had a child support debt and, if so, whether he had made satisfactory arrangements to discharge that liability. The Tribunal also had to consider whether, in light of these circumstances, the discretion to revoke the DPO under section 72I(3) of the Child Support (Registration and Collection) Act 1988 (CSRC Act) should be exercised in Mr Merl's favour.

The Tribunal found that Mr Merl conceded he owed a child support debt of $30,784.12. The Tribunal noted that the purpose of the CSRC Act is to ensure children receive financial support from their parents and that enforcement of these obligations is more difficult if a parent departs Australia. Applying this principle, the Tribunal concluded that Mr Merl had the financial capacity to discharge his debt and had not presented any special circumstances to warrant the revocation of the DPO. Consequently, the Tribunal affirmed the Registrar's decision not to revoke the DPO.