Rodgers and Child Support Registrar (Child support second review)

The matter before the Tribunal concerned a review of a decision by the Social Services and Child Support Division of the Administrative Appeals Tribunal (SSCSD) which affirmed a prior decision that there had been no change in the pattern of care of a child from 24 April 2015. The applicant, Ms Rodgers, sought review of the SSCSD's decision, having previously informed the Department of Human Services of a change in care arrangements with the child's other parent, Mr Rodgers. The Child Support Registrar was the respondent in the proceedings.

The primary legal issues before the Tribunal were whether the other party had a pattern of care that was less than regular care of the child, and if not, whether the actual care taking place corresponded with the parties' existing respective percentages of care. If either of these conditions were met, the Tribunal was required to determine the respective percentages of care for the child during the relevant period. The applicant contended that the other party had care of the child for less than 48 nights per year between 2014 and 2015, resulting in her having over 87 per cent of the care.

The Tribunal considered the definition of actual care under s 54A(1) of the Act, which is based on the number of nights a child is in a person's care. The disputed care period was from 24 April 2015 to 25 November 2015. The Tribunal found that neither party had provided credible supporting evidence for all claimed periods of care. After considering the evidence and oral testimony, the Tribunal determined that the other party had provided less than regular care of the child. Consequently, the Tribunal set aside the SSCSD's decision and substituted it with a determination that between 24 April 2015 and 25 November 2015, the applicant had 90 per cent of the child's care and the other party had 10 per cent.