Murphy and Secretary, Department of Social Services (Social services second review)

This matter concerned an appeal by Mr Murphy to the Social Services & Child Support Division of the Administrative Appeals Tribunal (AAT) regarding a decision by Centrelink concerning his level of shared care of his son. Mr Murphy and Mrs Murphy were separated parents of two children, and the dispute specifically related to the care percentage of their son for the period between 1 April 2012 and 1 August 2015. This percentage was relevant to Mr Murphy's entitlement to family tax benefits. The AAT had previously affirmed a Centrelink decision that Mr Murphy had 86% care and Mrs Murphy had 14% care during this period, which resulted in Mr Murphy not being entitled to family tax benefits.

The primary legal issue before the Tribunal was to determine the correct percentage of care for Mr Murphy's son between 1 April 2012 and 1 August 2015, for the purpose of assessing his entitlement to family tax benefits. While the Tribunal noted that an appeal of a child support decision might have been the preferable avenue, it considered itself entitled to review the Centrelink authorised review officer's decision concerning the care percentage. The Tribunal clarified that its role was limited to determining the care percentage, and any appeals regarding entitlement, eligibility, or debt for family tax benefits and the school kids bonus would need to be pursued separately with Centrelink.

The Tribunal reviewed the evidence, including previous assessments and communications between the parties and the Child Support Agency. It noted that the initial assessment of 93% care for Mr Murphy had been reviewed, and a subsequent finding of 86% care for Mrs Murphy from 1 August 2015 was made. However, the Tribunal found that the evidence supported a different care percentage for the period in question. Ultimately, the Tribunal set aside the previous decision and substituted its own finding that Mr Murphy had a care percentage of 35% and Mrs Murphy had 65% of their son's care from 1 April 2012 to 1 August 2015.