Roper and Child Support Registrar (Child support)

The Administrative Appeals Tribunal considered the application of Ms. Roper (the applicant) seeking to revoke existing percentage of care determinations made by the Child Support Registrar concerning her child. The applicant contended that there had been a change to the likely pattern of care for the child, which would warrant a revocation of the existing determinations. The Registrar opposed the application, arguing that no such change had occurred.

The Tribunal was required to determine whether there had been a change to the likely pattern of care for the child since the last percentage of care determination. It also had to consider whether there were any special circumstances that prevented the applicant from lodging her application for review within the prescribed time limit, and if so, whether to make a determination under subsection 95N(2) of the relevant legislation.

The Tribunal found that the evidence did not establish a change to the likely pattern of care. It noted that the applicant had not demonstrated a significant or lasting alteration to the care arrangements. Consequently, the Tribunal refused to revoke the existing percentage of care determinations. Furthermore, the Tribunal determined that no special circumstances existed that would justify accepting the late application for review, and therefore declined to make a determination under subsection 95N(2). The decision under review was set aside and substituted with the Tribunal's findings.