Rai and Child Support Registrar (Child support)

The matter before the Tribunal concerned an application by Mr Rai to revoke a departure prohibition order (DPO) issued by the Registrar of Child Support. The DPO was issued on 31 May 2017 on the grounds that Mr Rai had a child support debt, had not made satisfactory arrangements to pay it, and had persistently failed to pay child support debts without reasonable excuse. The Registrar considered the DPO necessary to ensure Mr Rai did not leave Australia without discharging his debt or making satisfactory arrangements.

The central legal issues before the Tribunal were whether a stay order made by the Magistrates Court of Western Australia on 9 June 2017 extinguished Mr Rai's child support liability, and consequently, whether the DPO should be revoked. Mr Rai contended that the stay order rendered the DPO without merit, and presented evidence suggesting there was no child support assessment in place for certain periods.

The Tribunal reasoned that the interim court orders did not extinguish Mr Rai's child support liability, nor did they prevent the accrual of future liability. The Tribunal noted that the Magistrates Court's order of 9 June 2017 merely imposed a stay on current assessments and adjourned proceedings for further monitoring, with a consideration of discharging past orders and requiring repayment of past payments. The Tribunal concluded that the existence of a child support liability, and the potential for future liability, meant there was no reason to revoke the DPO under section 72I of the Act. The Tribunal indicated that Mr Rai could secure the revocation of the DPO by paying his outstanding child support liability.

The Tribunal affirmed the reviewable decision of 1 August 2017, meaning the departure prohibition order remained in effect.