Robins and Child Support Registrar (Child support)

This matter concerned an objection by Ms Robins to a decision regarding the percentage of care for a child. The Child Support Registrar was also a party. The dispute centred on whether the decision under review constituted a "care percentage decision" as defined by the relevant legislation, which would grant Ms Robins a right to object and seek tribunal review. The decision was made by the Administrative Appeals Tribunal.

The Administrative Appeals Tribunal was required to determine whether the decision of 3 June 2021, which purported to determine the father had 100% care of the child from 25 February 2021 to 24 May 2021, was a "care percentage decision" within the meaning of the Child Support (Registration and Collection) Act 1988. This involved considering whether the period for which care was determined was relevant to an existing child support assessment.

The Tribunal reasoned that a "care percentage decision" is tied to the particulars of a child support administrative assessment. As there was no child support assessment in existence for the child during the period from 25 February 2021 to 24 May 2021, the determination of care for that period could not be considered a particular of an administrative assessment. Consequently, the Tribunal found that Ms Robins was not entitled to object to the decision, nor was she entitled to seek tribunal review of it.

The Tribunal set aside the decision under review and remitted the matter on the basis that it lacked jurisdiction to consider Ms Robins' objection.