Leggett and Child Support Registrar (Child support) [2019] AATA 230

Tribunal: Member C Edwardes

The applicant sought review from the Administrative Appeals Tribunal (AAT) for a Child Support Registrar (CSR) decision refusing to cancel his Departure Prohibition Order (DPO) on humanitarian grounds.[1]

The CSR issued the applicant with a DPO because he owed a child support debt.[2] The CSR refused the applicant’s request to cancel his DPO[3] because they found he could pay his child support debt in part or full, but had not paid or arranged to pay it.

The Act[4] states a DPO must not be revoked unless the debt is paid, will be paid or can never be paid.[5] It may be revoked or varied on humanitarian grounds.

Issues the AAT had to consider:

Did the applicant still have a child support debt?

Had he had made satisfactory arrangements to pay it?

Was the debt recoverable?

The applicant accepted the debt but disputed the amount. He said he could not afford to pay for various reasons including unemployment and his fiancée’s medical expenses.

The AAT concluded that the applicant did have a child support debt, and had not made satisfactory arrangements to repay it despite being able.

The AAT affirmed the decision made by the CSR.

Read the full decision