Swanston and Nasser (Child support)

This matter concerned an application for an administrative assessment of child support made by a non-parent carer, Swanston, in relation to the child of Nasser and another individual. The dispute centred on whether Swanston, as a non-parent carer, met the criteria to have an application for child support accepted by the Registrar. The decision under review was made by the Administrative Appeals Tribunal (AAT).

The primary legal issue before the AAT was whether Swanston was an "eligible carer" for the purposes of the *Child Support (Registration and Collection) Act 1988* (Cth) and therefore entitled to apply for an administrative assessment of child support. Specifically, the AAT had to determine if Swanston's circumstances met the requirements for a non-parent carer to be considered an eligible carer, and if there was a serious risk to the child's welfare or interests if the application were not accepted.

The AAT reasoned that the definition of an "eligible carer" under the Act requires a non-parent carer to demonstrate a serious risk to the child's welfare or interests if the application were not accepted. In this instance, the AAT found that Swanston had not established that such a serious risk existed. Consequently, Swanston did not meet the criteria for an eligible carer, and the Registrar's initial decision to refuse the application was affirmed.