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

This matter concerned an appeal by Mr Norouz against a decision by the Secretary of the Department of Social Services regarding the percentage of care he had for his child, which impacts eligibility for family tax benefit. The Administrative Appeals Tribunal (AAT) was required to determine the correct percentage of care for the financial year ending 30 June 2016.

The primary legal issue before the Tribunal was to ascertain the actual percentage of care Mr Norouz had for the child during the relevant financial year, and whether this constituted a change from the previously determined 50% shared care. This determination was crucial for assessing the family tax benefit entitlement.

The Tribunal applied a flexible, "broad brush" approach, considering not only the number of nights a child spends with each parent but also the actual hours of care and financial responsibilities. Evidence presented indicated that while the child stayed with Ms Jafari on weekend nights, Mr Norouz was primarily responsible for the child's education, extracurricular activities including tennis and music lessons, and all associated expenses, as well as medical appointments. Ms Jafari was also overseas for a period. Despite Mr Norouz not stating a specific percentage he believed was correct, and Ms Jafari agreeing to 35%, the Tribunal found that the evidence demonstrated a significant shift in care.

The Tribunal varied the existing care determination of 50% shared care, finding that Mr Norouz had a shared care percentage of 60% for the period ending 30 June 2016. This revised percentage was outside the 48% to 52% range, and the decision under review was varied accordingly.