RSRB and Child Support Registrar (Child support second review)

This matter concerned a review by the Administrative Appeals Tribunal (AAT) of a decision made by the Social Services and Child Support Division (SSCSD). The dispute arose from an objection to a change in care percentage for a child, which had been subject to an interim care determination. The SSCSD's decision affirmed an earlier decision by an objections officer, which had the effect of ending the interim care determination that was in place from March 2020. The parties involved were RSRB and the Child Support Registrar.

The primary legal issues before the Tribunal were whether certain Federal Circuit Court (FCCA) orders made in December 2020 terminated the interim care period, and consequently, whether there had been a change in the care of the child from the applicable percentage of care determinations. The Tribunal noted that the mother agreed the child had been in the father's full-time care from April 2020, even if this contravened existing care orders. Therefore, the central question was whether the December 2020 FCCA orders constituted a "care determination" for the purposes of the relevant legislation.

The Tribunal's reasoning focused on the interpretation of the relevant provisions of the *Child Support (Assessment) Act 1989* (Cth) and the *Family Law Act 1975* (Cth). It considered the ordinary meaning of the terms used in the legislation and the context in which they appeared. The Tribunal concluded that the December 2020 FCCA orders were not a "care determination" as contemplated by the legislation, and therefore did not end the interim care period. The Tribunal affirmed the decision under review, meaning the interim care period concluded on 2 December 2020.