Document ID: chunk:federal_register_of_legislation:C2010C00151:clause:1_52
Version: federal_register_of_legislation:C2010C00151
Segment Type: clause
Provision Reference: sch 1 cl 52
Character Range: 47980–49677

52  Interim Registrar determinations where parent or non‑parent carer does not agree with percentages of care

 (1) The Registrar may determine the percentage (if any) of care of a child that a parent or non‑parent carer of the child is likely to have during the relevant care period if:
 (a) there is an agreement, plan or order that allows such a percentage to be determined under section 49; and
 (b) a parent or non‑parent carer of the child does not agree that the care of the child that is actually taking place is in accordance with the percentage so determined; and
 (c) in the circumstances of the case, the percentage so determined would result in an unjust and inequitable determination of the level of financial support to be provided by a parent for the child; and
 (d) a parent or non‑parent carer of the child has taken reasonable action:
 (i) to seek to reach agreement; or
 (ii) to seek a court order; or
 (iii) to enforce a court order;
  about the care of the child; and
 (e) a parent or non‑parent carer of the child applies for the determination.

Note: If the Registrar refuses to make a determination under this section, the Registrar must give the applicant a notice under section 54.

 (2) In making the determination, the Registrar must take into account such period as is required in order for the Registrar to be satisfied that there is, has been, or will be, a pattern of care for the child.

 (3) The Registrar may revoke or vary a determination made under this section.

 (4) Before the end of 6 months after a determination is made under this section, the Registrar:
 (a) must review the determination; and
 (b) may make another determination under this section.