PCJN and Child Support Registrar (Child support second review)

This matter concerned a second review by the Administrative Appeals Tribunal of a decision by Services Australia regarding the percentage of care for a child, Ms AA. The dispute arose from the father's claim that the mother had not been the primary carer for Ms AA for at least five years, leading to a review of the care percentages. The mother contended that despite Ms AA residing with her own grandmother, Ms GR1, for schooling purposes, she retained the primary decision-making authority and continued to provide financial and emotional support.

The Tribunal was required to determine whether Ms AA's living arrangements with her grandmother constituted a change in the primary care percentage from 5 April 2016. Additionally, the Tribunal had to consider whether special circumstances justified the mother's delay in lodging her objection to the amended child support decision within the permissible timeframe. The father's claim was that Ms GR1 had assumed full custody and financial responsibility for Ms AA, thereby negating the need for child support payments.

The Tribunal found the grandmother, Ms GR1, to be a credible witness, and accepted that any financial or practical contributions she made were acts of love for her granddaughter. The Tribunal accepted the mother's evidence that she retained decision-making power regarding Ms AA's education, medical care, and general welfare, even when Ms AA resided with Ms GR1 for schooling. The Tribunal concluded that Ms GR1 provided delegated care, which was arranged by the mother, and this did not diminish the mother's status as the principal carer. The Tribunal also found that special circumstances, including the mother's intellectual disability, intermittent mental health issues, and difficulties exacerbated by the COVID-19 pandemic, prevented her from lodging her objection within the required time.

Consequently, the Tribunal set aside the decision under review. It exercised its discretion to extend the time for the mother to lodge her objection and revoked the decision that amended the care percentages to 0% for both parents from 5 April 2016. The Tribunal determined that the care percentage had consistently remained at 100% for the mother and 0% for the father since 28 January 2010, with the date of effect for this decision being 5 April 2016.