Document ID: chunk:federal_register_of_legislation:C2010C00151:clause:1_53
Version: federal_register_of_legislation:C2010C00151
Segment Type: clause
Provision Reference: sch 1 cl 53
Character Range: 49677–52339

53  Registrar determination where parent's care falls below 14%

Making a determination

 (1) The Registrar may determine the percentage (if any) of care of a child that a parent or non‑parent carer is likely to have during a care period if:
 (a) a parent (the first parent) was to have at least regular care of the child during the relevant care period under an oral agreement, parenting plan or court order; and
 (b) the first parent has no care, or has a pattern of care that is less than regular care, of the child despite the other parent or a non‑parent carer making the child available to the first parent; and
 (c) the other parent or a 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.

Day on which determination commences

 (2) The determination must specify, in accordance with subsections (4) and (5), the first day in the child support period to which the determination is to apply.

 (3) The determination applies to the day specified, and later days in the child support period.

 (4) If the Registrar is satisfied that the other parent or the non‑parent carer who applied for the determination failed, within a reasonable period, to notify the Registrar that the first parent had no care, or less than regular care, of the child during the relevant care period, the day specified must be the day on which the determination is made.

 (5) Otherwise, the day specified must be:
 (a) if the first parent never established a pattern of care in accordance with the oral agreement, parenting plan or court order—the day on which the plan or court order was entered into or made; or
 (b) if the first parent established a pattern of care in accordance with the oral agreement, parenting plan or court order, but later ceased the established pattern of care—the day on which the parent ceased the previously established pattern.

 (6) To avoid doubt, a parent never establishes a pattern of care if:
 (a) the parent could not have established the pattern of care until a particular period that occurs later in the child support period; and
 (b) the parent does not establish that pattern during that particular period.

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

Registrar to make determination under this section (and not interim determination)

 (8) If the Registrar could make a determination under section 52 and this section in respect of the percentage of care for a child, the Registrar must make a determination under this section and not section 52.