Whiteway and Child Support Registrar (Child support)

The Administrative Appeals Tribunal considered the appeal of Whiteway against a decision of the Child Support Registrar concerning the percentage of care for a child. The dispute centred on whether there had been a change to the likely pattern of care, which led to the revocation of existing percentage of care determinations and the making of new ones.

The Tribunal was required to determine whether the Registrar’s decision to alter the percentage of care was justified, specifically whether the evidence supported a finding that the pattern of care had changed. This involved assessing the care arrangements for the child, including care provided otherwise than in nights, and whether these arrangements warranted a substitution of the existing percentage of care determinations.

The Tribunal found that the Registrar’s decision was not justified on the evidence before them. They concluded that the Registrar had erred in revoking the existing determinations and making new ones based on the information available. Consequently, the Tribunal set aside the Registrar's decision and substituted it with its own determination, effectively reinstating or modifying the percentage of care arrangements based on their assessment of the evidence.