PFPS and Child Support Registrar (Child support second review)

This matter concerned a second review by the Administrative Appeals Tribunal (AAT) of a child support percentage of care decision. The parties were PFPS (the Mother) and the Child Support Registrar. The dispute arose from the Registrar's decision that the Mother had 0% care of the child, J, and the Father had 100% care, effective from 28 April 2020. The Mother contended that there had been no change in care and that she continued to have 100% care of J.

The AAT was required to determine whether there was sufficient evidence to support the Registrar's decision of a change in care from 28 April 2020. Additionally, the Tribunal had to consider whether special circumstances prevented the Mother from lodging her objection and her application for AAT first review within the prescribed timeframes, and if so, what date the varied decision should take effect from. The AAT also considered the appropriateness of the Registrar's "neutral" position in proceedings where an obvious error by the Agency had occurred.

The Tribunal found that the evidence provided to the Agency did not support a change in care on 28 April 2020. Instead, school records and correspondence indicated that J had no contact with the Father and continued to live with the Mother, who was experiencing difficulties with J's school attendance. The AAT agreed with the first review decision that there was no change in care and that the Mother retained 100% care of J. However, the AAT determined that the Mother had not established special circumstances to justify an extension of time for her application to the AAT first review, meaning the revised decision would take effect from the date of her application, 1 May 2021. The Tribunal also made recommendations regarding the Agency's decision-making process and the Respondent's approach in such proceedings.