MMZG and Child Support Registrar (Child support second review)

This matter concerned a review of a child support care percentage decision, brought before the Tribunal by MMZG against the Child Support Registrar. The dispute arose from a care determination made by Centrelink on 20 September 2019, which altered the care percentages to 61% for ZVSD and 39% for MMZG. MMZG lodged an objection to this decision on 12 November 2019, claiming his percentage should be 43%. This objection was initially disallowed, leading MMZG to seek a review by the Administrative Appeals Tribunal.

The primary legal issues before the Tribunal were whether it had the power to consider an objection lodged outside the statutory 28-day period, and if so, whether special circumstances existed that prevented MMZG from lodging his objection within the prescribed time. Additionally, the Tribunal was required to determine the correct care percentages and the date from which these percentages should take effect, given the parties' agreement on the actual care arrangements.

The Tribunal found that MMZG had indeed lodged his objection outside the 28-day timeframe. However, applying section 87AA(2) of the Child Support (Registration and Collection) Act 1988 (Cth), the Tribunal determined that special circumstances were present. These circumstances arose from MMZG receiving multiple decisions from Centrelink simultaneously, making it unreasonable to expect him to adequately assimilate the information and prepare objections within the standard period. Consequently, the Tribunal granted an extension of time for the objection. Furthermore, the parties ultimately agreed that the care percentages were 41% for MMZG and 59% for ZVSD, and that this arrangement commenced on 28 November 2018.

The Tribunal set aside the objection decision and substituted it with a new decision reflecting the agreed care percentages of 41% for MMZG and 59% for ZVSD, effective from 28 November 2018.