ZGCJ and Child Support Registrar (Child support second review)

This matter concerned a second review by the Administrative Appeals Tribunal (AAT) of a child support objection decision. The applicant sought to have an existing child support determination revoked and a new determination made regarding the percentage of care for the child. The dispute centred on when the other party ceased to provide care for the child, with the applicant contending this occurred from 29 December 2017 due to the child's full-time employment and living arrangements during time off. The other party maintained she continued to provide daily care and the child lived with her.

The AAT was required to determine whether the existing care determination should be revoked, and if so, from what date. It also needed to ascertain the correct percentage of care for each party from any new determination date, and the effective date of any such new determination. The AAT considered the definition of "care period" as generally a 12-month period over which care is assessed, and the calculation of actual care based on the number of nights a child is in a person's care, as provided by section 54A of the Assessment Act. However, the Tribunal was not limited to considering nights alone and could examine a broader range of factors indicative of "ongoing daily care," including control over the child, responsibility for major decisions, meeting the child's needs, financial contributions, and the child's own independence.

The AAT noted that the other party did not participate in the proceedings or make submissions. The Tribunal reviewed evidence and submissions concerning the date care ceased, with the applicant arguing for 29 December 2017. The AAT acknowledged a previous decision that found the other party provided 0% care from 29 December 2017, but that the revocation of the existing determination took effect on 14 June 2018, leading to neither party having care from 15 June 2018. The AAT also noted a prior decision that set the date of effect as 23 November 2018. The Tribunal's task was to determine the correct date of revocation, the new percentage of care, and the effective date of any revised determination.