RZQY and Child Support Registrar (Child support second review)

This matter concerned an application for review of a decision by the Social Services & Child Support Division of the Administrative Appeals Tribunal (SSCSD) which affirmed a delegate's decision disallowing the applicant's objection. The applicant sought to revoke existing care percentage determinations for a child and establish new percentages for the period between 12 November 2019 and 9 May 2021. The SSCSD had previously found no discernible pattern of care during this period and determined care to be 50/50.

The primary legal issues before the court were whether the existing care percentage determination should be revoked, and if so, from when any revocations should take effect, what the parents' respective percentages of care were during an appropriate care period, and from when any new determinations should take effect. The court noted that other issues raised by the applicant, including a debt notice from Centrelink and care percentages for another child, were outside the scope of this review.

The court considered the definition of a 'care period' under the Child Support (Assessment) Act 1989 (Cth), which is a period the Registrar considers appropriate having regard to all circumstances, usually reflecting a pattern of care over 12 months. The court found a 12-month care period commencing 12 November 2019 to be appropriate. The central question was whether the pattern of care had changed and corresponded with existing determinations. The court examined conflicting evidence regarding the actual care provided by each parent, including care calendars and stated arrangements, noting the absence of court orders or parenting plans.

Ultimately, the court affirmed the SSCSD's decision. It found that the evidence did not establish a discernible pattern of care that would warrant revoking the existing care percentage determination. Therefore, the court concluded that the care of the child was to be considered shared on a 50/50 basis for the relevant period.