Neville and Coach (Child support)

Case

[2018] AATA 3802

3 August 2018


Neville and Coach (Child support) [2018] AATA 3802 (3 August 2018)

DIVISION:Social Services & Child Support Division

REVIEW NUMBERs:  2017/SC011519

2017SC0011548

2017/SC0011549

2017/SC0011550

2017/SC0011551

2017/HC012062

2017/HC012097

2017/HC012099

2017/SC012100

2017/HC012101

2017/HC012102

2017/HC012103

2017/HC012104

APPLICANT:  Mr Neville

OTHER PARTIES:  Child Support Registrar

Ms Coach

TRIBUNAL:Member K Timbs

DECISION DATE:  3 August 2018

CATCHWORDS
Child support - Non-agency payments - Objection decisions no longer operative due to the decisions made previously by the Tribunal - Applications for review dismissed

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.

DISMISSAL OF APPLICATION FOR REVIEW:

The Tribunal is satisfied that the decision is not reviewable and dismisses the application for review pursuant to subsection 42A(4) of the Administrative Appeals Tribunal Act 1975.

REASONS FOR DECISION

  1. Ms Coach and Mr Neville are the parents of [Child 1] (born 2000). The Department of Human Services made a child support assessment for him on behalf of the Child Support Registrar starting in February 2002 and ending on his 18th birthday.

  2. The effect of decisions made by the Tribunal on 16 and 17 July 2018 is:

    ·the assessment ends on 14 April 2003 (SC011647); and

    ·specified payments made by Mr Neville to Ms Coach before 14 April 2003 satisfy his child support debt in the Child Support Register (SC011547).

  3. Mr Neville lodged applications for review on 20 and 26 April and 6 and 13 July 2017 of decisions made by an Objections Officer of the Department to refuse to credit other payments against his registered child support debt. Those decisions no longer have effect and there is no operative decision for the Tribunal to review.

  4. In that case, the Tribunal dismisses the applications for review.

Areas of Law

  • Family Law

  • Administrative Law

Legal Concepts

  • Jurisdiction

  • Statutory Construction

  • Judicial Review

  • Appeal

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