QWKW and Child Support Registrar (Child support second review)

This matter concerned a second review by the Administrative Appeals Tribunal (AAT) of a decision by the Child Support Registrar regarding the percentage of care of children. The applicant sought to challenge an objection decision that had disallowed her claim that the other party had missed requisite care events, thereby altering the established pattern of care. The core dispute revolved around whether the other party's alleged missed care occasions meant he had less than regular care of the children.

The Tribunal was required to determine several substantive issues. These included identifying the appropriate care period for consideration, whether the Tribunal could assess care with the benefit of retrospectivity by examining actual care provided, the extent to which the other party had or was likely to have care of the children during the relevant period, and the consequences of the Tribunal's assessment of the percentage of care. Preliminary issues also arose regarding the precise date a change in care occurred and whether any order made by the Tribunal could have practical effect given subsequent decisions.

The Tribunal determined that the appropriate care period for its review was from 9 August 2019 to 19 March 2020. It held that it was entitled to consider the actual care provided by the parties with the benefit of hindsight, citing *Shi v Migration Agent Review Authority* [2008] HCA 31, which permits tribunals to consider events occurring after the original decision was made unless the legislative scheme dictates otherwise. The Tribunal found that a change in care occurred on 9 August 2019.

Ultimately, the AAT set aside the Registrar's objection decision and substituted its own decision. This substituted decision revoked the existing care percentages and determined that, with effect from 9 August 2019, the other party had 20% care and the applicant had 80% care of the children.