ZJSZ and Child Support Registrar (Child support second review)

This matter concerned a second review of a child support decision before Senior Member Egon Fice. The dispute involved the determination of a parent's percentage of care for a child, which is a critical component in calculating child support obligations under the Child Support (Assessment) Act 1989 (Cth) (the Assessment Act).

The court was required to determine the legal implications of the Registrar making a new determination of a parent's percentage of care for a child. Specifically, the court considered whether the making of a new determination necessarily implies the revocation of any prior determination regarding the same child and period.

The Senior Member reasoned that the legislative framework, particularly sections 50 and 54F of the Assessment Act, establishes a clear principle that there can only be one operative percentage of care determination for a child at any given time. Section 50 mandates that if an existing determination is revoked, the Registrar must make a new determination. Conversely, the Senior Member concluded that if the Registrar makes a new determination of a parent's percentage of care, this action inherently revokes any previous, inconsistent determination for the same child and care period. This interpretation is supported by section 54F, which outlines the circumstances under which an existing determination must be revoked when a new one is to be made.