SYMB and Child Support Registrar (Child support second review)

This matter concerned an application by the Applicant for an Administrative Appeals Tribunal (AAT) second review of a decision made by the Social Services & Child Support Division of the Tribunal (SSCSD decision). The SSCSD decision itself was an AAT first review concerning a departure from an administrative assessment of child support, made pursuant to the *Child Support (Assessment) Act 1989* (Cth). The Applicant sought to have the SSCSD decision reviewed by the AAT.

The primary legal issue before the Tribunal was whether it possessed jurisdiction to conduct an AAT second review of the SSCSD decision. This required an examination of the scope of AAT second reviews as defined by the *Child Support (Registration and Collection) Act 1988* (Cth). The Tribunal had to determine if the SSCSD decision fell within the specific categories of AAT decisions that could be subject to a second review under section 96A of that Act.

The Tribunal reasoned that the SSCSD decision, made pursuant to section 98S of the *Child Support (Assessment) Act 1989*, was not among the decisions enumerated in section 96A of the *Child Support (Registration and Collection) Act 1988* as being eligible for an AAT second review. Consequently, the Tribunal concluded it lacked jurisdiction to review the SSCSD decision at this second tier. The Tribunal noted that its earlier correspondence had advised the Applicant that a review of the SSCSD decision should be directed to the Federal Court, pursuant to section 44(1) of the *Administrative Appeals Tribunal Act 1975* (Cth), which permits appeals to the Federal Court on questions of law from Tribunal decisions.