MQMV and Child Support Registrar (Child support second review)

This matter concerned a second review of a child support decision before the Administrative Appeals Tribunal (AAT). The applicant, MQMV, sought to challenge a decision made by the Child Support Registrar. The central dispute revolved around whether the AAT had jurisdiction to conduct a second review of a care percentage decision.

The primary legal issue before the court was to determine whether the departmental decision under review constituted a "care percentage decision" as defined by the *Child Support (Assessment) Act 1989* (the Assessment Act), and consequently, whether the AAT had jurisdiction under section 96A(b) of the relevant Act to conduct a second review. This required an examination of whether the decision involved, wholly or partly, a determination of a person's percentage of care for a child made under specific provisions of the Assessment Act.

Deputy President Rayment QC, applying the definition of "care percentage decision" and the principles established in *QLKM*, reasoned that a second review is permissible if the initial AAT decision (AAT 1) was a first review of a care percentage decision. The court held that if any part of the departmental decision involved a determination of a person's percentage of care for a child made under the specified provisions of the Assessment Act, then the AAT's General Division would have jurisdiction to entertain a second review application, at least to that extent. The court treated the decision in *QLKM* as correct and normative for resolving the jurisdictional objection.