NGWB and Child Support Registrar (Child support second review)

This matter concerned a second review of a child support decision before the Administrative Appeals Tribunal. The applicant, NGWB, sought to challenge a decision by the Child Support Registrar regarding the commencement of an interim care period. The dispute arose in circumstances where a Family Court order concerning the care of a child was in force, but the applicant allegedly refused to facilitate changeovers, leading to the child refusing to participate in contact.

The Tribunal was required to determine whether an interim care period had commenced, specifically considering whether the applicant had taken reasonable action to ensure compliance with the existing care arrangement. This involved assessing the applicant's conduct in relation to facilitating changeovers and the child's subsequent refusal to participate in contact.

The Tribunal reasoned that the commencement of an interim care period under the relevant legislation requires a failure to comply with a child support care arrangement. It found that the applicant's refusal to assist in facilitating changeovers, which directly contributed to the child's refusal to participate in contact, constituted a failure to comply with the care arrangement. The Tribunal applied the principle that a parent's actions or inactions that prevent the implementation of a care order can be considered a failure to comply, thereby triggering the commencement of an interim care period. Consequently, the Tribunal varied the decision under review.