WCFT and Child Support Registrar (Child support second review)

This matter concerned a second review by the Administrative Appeals Tribunal (AAT) of a decision regarding child support care arrangements. The parties involved were the Father and the Mother, with the Child Support Registrar also a party to the proceedings. The core dispute revolved around whether the Father had taken reasonable action to ensure compliance with an existing care arrangement, following a significant change in the child's living situation.

The Tribunal was required to determine whether the Father's actions met the threshold of "reasonable action" as stipulated by section 51(1) of the relevant legislation. This section provides an exception to actual care percentages for an interim period if a person with reduced care has taken reasonable steps to ensure compliance with the care arrangement. The Tribunal also needed to consider whether any special circumstances existed, although this became moot once the primary question was answered.

The Tribunal considered evidence from both parents, acknowledging their fractured relationship but also their shared love for the child. It noted the Department's policy guidelines for contested shared care cases, which encourage consistent decision-making. The Father contended he had taken reasonable action by attempting to engage with the child via email, seeking psychological and legal advice, and contacting the police. However, the Tribunal found that while the Father had honourable reasons for not initiating court proceedings, he had not sought to negotiate with the Mother or seek her assistance. Crucially, the Tribunal found that the child, due to her age and strong will, had independently decided to cease spending time with the Father. As the requirements of section 51(1) were not met, the Tribunal affirmed the decision under review, meaning an interim care determination would not be made.