VMDB and Child Support Registrar (Child support second review)

This matter concerned a review by the Tribunal of a child support percentage care determination. The parties involved were the mother, VMDB, and the Child Support Registrar. The central dispute revolved around whether there had been a change in the care arrangements for the children during a specific period in 2021, and if so, what the care percentages were during that time. A secondary issue was whether the mother had established special circumstances to justify an extension of time for lodging an objection to an earlier decision.

The Tribunal was required to determine two primary legal issues. Firstly, it needed to ascertain if a change of care occurred on or about 7 June 2021, and if so, to determine the duration of that change and the resulting care percentages. This issue was complicated by the parents' inability to agree on the actual care arrangements during the period in question. Secondly, the Tribunal had to consider whether special circumstances existed that prevented the mother from lodging her objection to the original decision within the prescribed 28-day period, specifically whether she had relied on inaccurate or misleading information from Centrelink.

In its reasoning, the Tribunal found that the evidence presented was insufficient to establish a change in the care arrangements during the period from 7 June 2021 to 11 July 2021. It concluded that the existing 50/50 care arrangement between the parents continued throughout this period, meaning sections 54F, 54G, and 54H of the relevant legislation did not apply. Regarding the timeliness of the objection, the Tribunal determined that special circumstances, as contemplated by section 87AA of the *Child Support (Registration and Collection) Act 1988* (Cth), did not exist to excuse the late lodgement of the mother's objection.

Consequently, the Tribunal set aside the decision under review and substituted it with a decision that the care percentages remained 50/50 for both parents. However, due to the absence of special circumstances for the late objection, the date of effect of this revised decision was deemed to be the date the mother applied for review, which was 11 March 2022. By this date, the 50/50 care arrangements had already been reinstituted.