Making a decision for a change in child support care 277-03040030

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Policy

Child Support Guide 2.2.1: Basics of care

Child Support Guide 2.2.2: Care determinations and change in care

Child Support Guide 2.2.3: Below regular care determinations

Child Support Guide 2.2.4: Disputed care arrangements

Child Support Guide 2.2.5: Alignment of care between Child Support & FTB

Legislation

Links to the Federal Register of Legislation site go to a 'Series' page. Select the 'Latest' version.

Child Support (Assessment) Act 1989

section 5, Interpretation - definitions

change of care day
family dispute resolution
increased care of a child
interim period
maximum interim period
takes reasonable action to participate in family dispute resolution

section 48, Percentage of Care - simplified outline
section 49, Determination of percentage of care - responsible person has had no pattern of care for a child
section 50, Determination of percentage of care - responsible person has had a pattern of care for a child
section 51, Percentage of care if action taken to ensure that a care arrangement in relation to a child is complied with
section 53, Section 51 does not apply in certain circumstances
section 53A, Meaning of interim period
section 53B, When a person has increased care of a child
section 54, When a person has reduced care of a child
section 54A, Working out actual care, and extent of care, of a child
section 54B, Days to which the percentage of care applies if section 51 did not apply etc. in relation to a responsible person
section 54C, Days to which the percentage of care applies if 2 percentages of care apply under section 51 in relation to a responsible person
section 54D, Rounding of a percentage of care
section 54F, Determination must be revoked if there is a change to the responsible person’s cost percentage
section 54FA, Suspension of determination before the end of the maximum interim period if there is a change to the responsible 2 person’s cost percentage
section 54H, Registrar may revoke a determination of a responsible person’s percentage of care
section 54HA, Suspension of determination of a responsible person’s percentage of care before the end of the maximum interim period
section 54K, Percentages of care determined under the Family Assistance Act that apply for child support purposes
section 150F, Care suspension period

The following sections of the Child Support (Assessment) Act 1989 (the Act) revoke the previous care percentage:

section 54F, revokes existing care where the new care percentage will affect the cost percentage
section 54G, revokes existing care in Below Regular care decisions. Defines Below Regular care retrospective powers
section 54H, revokes existing care where the new care percentage will not affect the cost percentage

Note: Sections 54FA and 54HA suspend, rather than revoke, the previous actual care determination for the first change of care during the maximum interim period. Subsequent changes of care within the maximum interim period are subject to sections 54F and 54H.

All new care decisions are then made under one of the following two sections of the Act:

section 49, the person’s care percentage is 0%

section 50, the person’s care percentage is anything other than 0%, that is 1% - 100%

Interim care decisions are made under the following sections of the Act:

section 51, the actual care differs from the care arrangement and the person with reduced care is taking reasonable action to ensure the care arrangement is complied with. Section 51 also applies to actual care in special circumstances where a customer is withholding care due to a substantial risk to the wellbeing of the child. Examples include:

withholding essential medical care from the child
substantially failing to comply with legal schooling requirement
neglecting the child’s basic needs

section 53, must also be considered when making an interim care decision. An interim care determination cannot be made if:

the change in care is notified after the end of the maximum interim period,
the care percentage decision made in relation to the care arrangement has been revoked That is the care arrangement does not apply, or
a previous interim care determination has been made in respect of the care arrangement.

section 53A, sets out when interim periods start and end, including when later interim periods begin if the person with increased care stops taking ‘reasonable action’.

Delegations and authorisations

Child Support Services, Delegations and Authorisations

APS 3 or above are authorised to:

determine a care percentage where a person has had, or is likely to have, no pattern of care for a child (0% care) (s49)
determine a care percentage where a person has had or is likely to have a pattern of care for a child (more than 0% care) (s50)
revoke an existing care percentage determination where a new care percentage determination under section 49 or section 50 would affect the cost percentage (s54F)
revoke an existing percentage care determination where a new care percentage determination under section 49 or section 50 does not affect the cost percentage but would affect the care percentage (s54H)

except where:

the care percentage is to be determined for a period where a person unexpectedly gains 100% care of the child for a specific period (one-off block of 100% care)
the care percentage determination is not based on the number of nights a child is in the care of a person during a care period (hours in care)
the care percentage determination is made as part of a section 51 interim care determination
the care percentage is to be determined in relation to a change of care that is notified within the maximum interim period of an interim care determination

APS 4 or above are authorised to:

make any of the decisions authorised at the APS 3 level
determine a care percentage for a period where a person unexpectedly gains 100% care of the child for a specific period (one-off block of 100% care)
make a decision that the care that is actually occurring for a child does not comply with an existing care arrangement that applies in relation to that child and the person who has reduced care of the child is taking reasonable action to ensure that the care arrangement is complied with (s51)make a determination of actual care that is notified within the maximum interim period of an interim care determination
determine that section 51 does not apply in relation to a responsible person in relation to whom a determination is to be or has been made under section 49 or 50 (s53)
determine the day on which an interim period begins and ends (s53A)
suspend earlier (initial interim care) determination pursuant to section 49 or 50 for the purposes of s51(4) - (s54FA(2) & (s54HA(2))
revoke suspension of determination under section 54FA(2) and revoke any care determination made as a consequence of that suspension - (s54FA(3) & s54HA(3))
revoke earlier (initial interim care) determination pursuant to section 49 or 50 for the purposes of section 51(4) and any suspension of that determination under section 54FA(2) - (s54FA(4)(a) & section 54HA(4)(a))
revoke determination made during the suspension of an earlier determination under section 54FA(2) - (s54FA(4)(b) & s54HA(4)(b))
revoke an existing care determination where a person was previously determined under s50 to have at least regular care of a child and, despite the child being made available, there person has had no care or a pattern of care that is less than regular care (s54G). Note: most revocation decisions where care falls below regular care will actually be made under section 54F

except where:

the care percentage determination is not based on the number of nights a child is in the care of a person during a care period (daytime care)
special circumstances exist in relation to the child to allow a single percentage of care to be determined (s51(5))

APS 5 or above are authorised to:

make any of the decisions authorised at the APS 3 and APS 4 levels
determine a care percentage where the care percentage is not based on the number of nights a child is in the care of a person during a care period (hours in daytime care)
determine that special circumstances (Actual Care in Special Circumstances) exist in relation to the child to allow a single percentage of care to be determined (s51(5))
determine the day on which an interim period ends, in the event that special circumstances (Actual Care in Special Circumstances) exist in relation to the child (s53A(1) Item 6, column 3)

Note: sections 54F, 54FA, 54G, 54H and 54HA apply only where a new determination of a responsible person’s care percentage has been made under sections 49 and 50. The decision maker must be authorised under sections 49 and 50 to make a new care determination even where the authorisation to revoke the existing care determination is at a lower level.

An officer at a lower level may still carry out the preliminary steps in making care decisions with the support of their team leader, as long as an officer with the appropriate level of authority makes the final decision.