Zeal and Freckleton (Child support)

[2024] AATA 386

Zeal and Freckleton (Child support) [2024] AATA 386 (18 January 2024)

DIVISION:Social Services & Child Support Division

REVIEW NUMBER:  2023/HC026760

APPLICANT:  Mr Zeal

OTHER PARTIES:  Child Support Registrar

Ms Freckleton

TRIBUNAL:Member H Moreland

DECISION DATE:  18 January 2024

DECISION:

The decision under review is affirmed.

CATCHWORDS

CHILD SUPPORT – determination to extend child support assessment past child’s 18th birthday  – where liable parent sought review on basis of financial hardship - no applicable exemption – decision under review affirmed

Names used in all published decisions are pseudonyms. Any references appearing in square brackets indicate that information has been omitted from this decision and replaced with generic information so as not to identify involved individuals as required by subsections 16(2AB)-16(2AC) of the Child Support (Registration and Collection) Act 1988.

REASONS FOR DECISION

BACKGROUND

1. This application relates to a decision by Services Australia – Child Support (Child Support) relating to an extension of the child support case for [Child 1].

2. Mr Zeal and Ms Freckleton are the separated parents of [Child 1], who turned 18 years of age on 24 June 2023.

3. On 20 April 2023, Ms Freckleton made an application to Child Support to have the child support assessment in relation to [Child 1] extended past his 18^th birthday. On 26 April 2023, Child Support decided to extend the child support assessment past [Child 1’s] 18^th birthday to 14 December 2023.

4. On 1 May 2023, Mr Zeal objected to Child Support’s decision. On 25 August 2023, an objections officer decided to disallow Mr Zeal’s objection. On 13 September 2023, Mr Zeal applied to the Social Services and Child Support Division of the Administrative Appeals Tribunal (the Tribunal) for an independent review of the decision.

5. The matter was heard on 18 January 2024. Mr Zeal gave sworn evidence and Ms Freckleton gave evidence on affirmation. The Tribunal also had regard to documents provided by Child Support (numbered 1 to 112). 

CONSIDERATION

1. The statutory provisions relevant to this review are contained in the Child Support (Assessment) Act 1989 (the Assessment Act).

2. According to section 151B of the Assessment Act:

   If a child turns 18 during a year in which the child is in full-time secondary education, a carer entitled to child support for the child may apply for an administrative assessment, or a child support agreement, in relation to the child to continue in force until the last day of the secondary school year in which the child turns 18.

3. Section 5 of the Assessment Act defines “full-time secondary education in relation to a child as meaning “education that is determined by the secondary school at which the child is receiving the education to be full-time secondary education.”

4. Section 5 of the Assessment Act defines “last day”, in relation to a child’s secondary school year as being:

   (a)  if the child is not required to sit an examination--the day determined by the secondary school to be the last day of classes for the school year; and

   (b)  if the child is required to sit an examination--the later of:

   (i)  the day determined by the secondary school to be the last day of the period of examinations for the child’s year level; and

(ii)  the day determined by the secondary school to be the last day of classes for the school year.

1. Ms Freckleton provided a letter from the [School 1], dated 2 February 2023, which stated that [Child 1] was in full-time study at the school studying a Certificate II in Skills for Work and Vocational pathways and was due to complete the course on 14 December 2023.[1]

   [1] Child Support papers, p 41.

2. At the hearing, Ms Freckleton submitted that [Child 1] had completed the course. The Tribunal accepts her evidence.

3. Further, the objections officer stated:

   We contacted [School 1] who confirmed they are registered with the Department of Education and confirmed [Child 1] is enrolled in a Certificate II
   

   [2] Child Support papers, p 13.

   Skills for Work and Vocational Pathways course, this is considered a fulltime secondary course of study. [Child 1’s] last day of school will be 14 December 2023.[2]

1. Mr Zeal made the following submissions in his application for review:

   Objection about changed assessment of child support .
   I am writing in relation to an objection to the order for my son [Child 1 variant] Born on
   24/06/2005.
   this decision is incorrect and unfair because all information was provided and lodged
   in myGov [Child 1 variant] he stopped going to school since 2022 he been working 4 day
   I week till today , and his Study courses from government TF , 2 days a week and the
   rest of the day his working , and I have a family to support my wife without job and a
   little child of [age] years I cant afford him child care because I'm in hardship situation and I have many loans and expenses to payee I just surviving please I hope you can
   consider that's i have family here in Australia and [other children] in [Country 1] are Australian
   as well from my previous divorce and I payee for them child support , if you need any
   evidence about my case or situation you can find it on mygov account and already
   provided to child support .
   I would like the Commissioner to take into account the following :
   Financial Hardship
   I HAVE PERSONAL LOAN, please see the attachment its been sent on [messaging service]
   [redacted]$
   myGov or all my expenses
   [NAMED] BANK [redacted]$
   PLENTY [redacted]$
   Centrelink overdue payment [redacted]$
   [Person A] for my wife quarantine when she come to Australia [redacted]$
   CAR LOAN, RENT HOUSE, AND MY DAILY EXPENSES, my wife can't work because still on a bridging visa, I can't manage my life with all these expenses. Please consider that.[3]

   [3] Child Support papers, pp 1–2.

2. In weighing up the evidence before it, the Tribunal places more weight on the evidence of [School 1], as a third party, than Mr Zeal.

3. The Tribunal finds that [Child 1] was enrolled in full-time secondary education until 14 December 2023 and therefore the requirements under section 151B of the Assessment Act are satisfied.

4. Having reviewed the legislation, the Tribunal concludes that there are no provisions under the Assessment Act for there to be any exemption to section 151B of the Assessment Act for any of the reasons of hardship raised by Mr Zeal in his application for review.

DECISION

The decision under review is affirmed.