QGGR and Child Support Registrar (Child support second review)

This matter concerned a review of a decision by the Child Support Registrar regarding the percentages of care for two children. The applicant, the Father, sought to challenge the Registrar's determination of care percentages, which had been altered from a previous 100% care for the Father and 0% for the Mother. The core of the dispute revolved around whether an interim period for care percentages applied and the validity of the revocation of the existing care determination.

The legal issues before the Tribunal were whether a care arrangement applied to the children, which would then trigger the application of section 51 of the relevant Act and allow for the determination of an interim percentage of care. Further, the Tribunal had to consider whether the Registrar had correctly revoked the pre-existing determination of care percentages and, if a care arrangement was found to apply, whether the Father had taken reasonable action to ensure compliance with that arrangement.

The Tribunal affirmed the Registrar's decision, finding that no care arrangement applied to the children. Consequently, the Registrar could not determine an interim percentage of care. The Tribunal clarified that the revocation of the pre-existing determination of care percentages was correctly made under section 54F of the Act, as section 54G did not apply. It was determined that the Father had no pattern of care since January 2016, leading to new care percentages of 0% for the Father and 100% for the Mother, effective from 15 March 2016.