YXVZ and Child Support Registrar (Child support second review)

This matter concerned a dispute between YXVZ and FQNP regarding child support arrangements for their child. The core of the dispute involved a series of decisions by the Child Support Registrar concerning the percentage of care each parent provided for the child, particularly in the period following the child turning 18 and completing high school. The case came before the Tribunal for a second review of a decision made by the Administrative Appeals Tribunal (AAT) on first review.

The legal issues before the Tribunal were whether the AAT's decision on first review constituted a "care percentage decision" for the purposes of the Tribunal's second review jurisdiction, and consequently, whether the Tribunal had the power to review that decision. The Tribunal was required to interpret the definition of "care percentage decision" as it appears in section 4(1) of the Registration Act and consider its application to decisions made under various provisions of the Assessment Act, including those relating to the date of effect of objections.

The Tribunal reasoned that the definition of "care percentage decision" is broad and not confined to decisions made under a specific subdivision of the Assessment Act. It noted that the definition encompasses decisions that "wholly or partly" "involve" a determination of a person's percentage of care for a child. Applying this broad interpretation, the Tribunal concluded that the AAT's decision on first review, which altered the care percentages for the child, fell within the scope of a "care percentage decision" and was therefore susceptible to a second review by the Tribunal. The Tribunal also considered section 87AA of the Registration Act, which deals with the date of effect of objections to care percentage decisions, indicating its relevance to the broader context of care percentage determinations.