Silverman and Child Support Registrar (Child support)

The Administrative Appeals Tribunal (AAT) considered the dispute between Silverman and the Child Support Registrar concerning the percentage of care arrangements for a child. The Registrar had made new percentage of care determinations, revoking existing ones, following a period where court orders regarding care were not complied with.

The AAT was required to determine whether there had been a change to the likely pattern of care, whether the Registrar had taken reasonable action in making the new determinations, and whether special circumstances existed to extend an interim period beyond the usual 26 weeks. The Tribunal also had to consider whether the decision under review should be set aside and substituted.

The Tribunal found that the non-compliance with court orders constituted a change to the likely pattern of care. It was satisfied that the Registrar had taken reasonable action in revoking the existing determinations and making new ones. Furthermore, the AAT determined that special circumstances did exist to extend the interim period to 26 weeks, acknowledging the complexities arising from the breakdown in adherence to the court-ordered care arrangements.

Consequently, the AAT set aside the decision under review and substituted it with its own decision, reflecting the revised percentage of care arrangements and the extended interim period.