YXVZ and Child Support Registrar (Child support second review)

This matter concerned an appeal to the Administrative Appeals Tribunal concerning a decision by the Child Support Registrar regarding the applicant's percentage of care for a child. The applicant sought to have the percentage of care varied, but the Registrar had refused to vary the percentage of care, and had instead revoked the applicant's percentage of care. The applicant sought a review of this decision.

The Tribunal was required to determine whether the applicant's living arrangements had changed such that their percentage of care for the child had altered. Specifically, the Tribunal had to consider whether the evidence presented by the applicant was sufficiently reliable to establish a change in the living arrangements and, consequently, a change in the percentage of care. The Tribunal also had to consider the actions taken by Centrelink in attempting to contact the applicant and the impact of any conflicting evidence on the assessment of care.

The Senior Member found that the applicant's evidence was unreliable and inconsistent, particularly in light of Centrelink's attempts to contact the applicant which had been unsuccessful. The Tribunal concluded that the applicant had not discharged the onus of proving a change in the living arrangements. Accordingly, the Tribunal set aside the decision of the Child Support Registrar and substituted a new decision that the applicant's percentage of care had not changed.