Whyte and Child Support Registrar (Child support)

The Administrative Appeals Tribunal (AAT) considered the dispute between Whyte and the Child Support Registrar concerning the percentage of care arrangements for a child. The applicant, Whyte, sought to have existing percentage of care determinations revoked and new determinations made, alleging a change in the likely pattern of care.

The AAT was required to determine whether there had been a change to the likely pattern of care that would justify revoking the existing percentage of care determinations and making new ones. Additionally, the Tribunal had to consider the date of effect of its decision, specifically whether there were special circumstances that prevented the application for review from being lodged within the prescribed time.

The Tribunal found that no special circumstances existed that would permit the late lodgement of the review application under subsection 95N(2) of the relevant legislation. Consequently, the AAT decided not to make a determination regarding the late lodgement. The Tribunal then proceeded to review the substantive issue of the percentage of care, ultimately setting aside the previous decision and substituting it with new determinations regarding the percentage of care.