ZSKL and Child Support Registrar (Child support second review)

This matter concerned a second review by the Administrative Appeals Tribunal (AAT) of a decision by the Child Support Registrar regarding the percentage of care for a child, 'A'. The parties involved were ZSKL and the Child Support Registrar, with MDJL being the other parent. The dispute centred on whether an existing care percentage determination should be revoked and, if so, the date of effect of any new determination and the respective care percentages.

The Tribunal was required to determine whether the existing care percentage determination, which allocated 17% care to ZSKL and 83% to MDJL, should be revoked. If revocation was warranted, the Tribunal needed to establish the correct percentages of care for each parent and the date from which any new determination should take effect. This involved considering the actual care arrangements for the child, 'A', in light of the Child Support (Assessment) Act 1989 (Cth).

The Tribunal found that the previous decision, which had affirmed a determination of 100% care for MDJL from 20 May 2011, relied on a subsection of the Act that was not in force at the relevant time. The Tribunal noted that while there were disputes between the parents regarding adherence to court orders between 2004 and 2011, the evidence indicated that ZSKL had 17% care until 14 February 2012. From 15 February 2012, the Tribunal determined that MDJL had 100% care.

Consequently, the Tribunal set aside the decision under review. In substitution, it determined that ZSKL had 17% care and MDJL had 83% care until 14 February 2012. From 15 February 2012, MDJL had 100% care. Pursuant to section 54B of the Act, the date of effect for the new care percentage, reflecting ZSKL having 0% care and MDJL having 100% care, was determined to be 3 December 2019.