Names used in all published decisions are pseudonyms. Any references appearing in square brackets indicate that information has been omitted from this decision and replaced with generic information pursuant to subsection 16(2AB) of the Child Support (Registration and Collection) Act 1988.

1. Ms Dillon and Mr Kavanaugh are the parents of [the child] (born [July 2006]). Services Australia - Child Support (Child Support) registered a child support assessment for [the child] from 18 January 2008.
2. [The child] lives with Ms Dillon, who is recorded to have 100% care. Mr Kavanaugh is the paying parent.
3. On 9 November 2023, Ms Dillon made an application to extend the child support assessment for [the child] beyond her 18th birthday, until the end of the school year.
4. On 1 December 2023, Child Support accepted this application and extended the child support assessment until 12 December 2024.
5. On 2 January 2024 Mr Kavanaugh objected to this decision. He said that he was not involved in [the child]'s life, but that he had heard that she was not attending school due to health reasons.
6. In response Ms Dillon provided evidence confirming that [the child] was enrolled in full time study at [School], and was completing a Certificate of General Education. She also provided evidence regarding the nature and impact of [the child]'s disability and her need for support with her education.
7. On 24 January 2025, the objections officer decided to allow the objection, on the basis that one of [the child]'s youth workers at [School] said that [the child] was enrolled in tertiary study (rather than secondary). This meant that the child support case was not extended past [the child]'s 18th birthday.
8. On 5 March 2025 Ms Dillon applied to this Tribunal for review of this decision.
9. The application was heard on 25 July 2025. Ms Dillon participated by videoconference and gave evidence under affirmation. Mr Kavanaugh participated by conference telephone and also gave evidence under affirmation. The Child Support Registrar did not attend the hearing. In addition to the parents' evidence, the Tribunal had regard to the documents provided by Child Support (numbered 1-135) , as well as additional documents submitted by Ms Dillon, numbered A1-A176, all of which had been sent to both parents.

1. The statutory provisions relevant to this review are contained in the Child Support (Assessment) Act 1989 (the Assessment Act). Paragraph 12(1)(c ) of the Assessment Act provides that a child support assessment terminates when the child turns 18.
2. However, section 151B of the Assessment Act provides that, on application, a child support assessment can be extended to continue until the last day of the secondary school year in which the child turns 18 (section 151B). The Registrar must accept an application to extend the assessment, if it meets certain criteria. If an application is accepted, then the assessment will terminate on the day determined by paragraph 151D(1)(b), rather than on the child's 18th birthday.
3. The matters which need to be satisfied when deciding whether to extend the assessment are set out in subsection 151C(1), as follows:
   • the child has turned 17 (paragraph 151(2)(a));
   • an administrative assessment in relation to the child is either in force or is likely to be in force on the day before the child's 18th birthday (subparagraph 151(2)(b)(i));
   • the child is likely to be in full-time secondary education on the child's 18th birthday; (subparagraph 1515(2)(c)(ii));
   • the child's 18th birthday will occur on or before the last day of the secondary school year (paragraph 151C(2)(d));
   • the application is made before the child's 18th birthday or there are, in the Registrar's opinion, exceptional circumstances that justify the making of the application after the child's 18th birthday (subparagraph 151(2)(e)(i)).
4. The issues which arise in this case are whether the criteria in subsection 151C(2) are satisfied in this case.

1. [The child]'s birthday is [July] 2006, and so, as at 9 November 2023, when Ms Dillon made her application under section 151B of the Assessment Act, [the child] was 17 years old. This satisfies paragraphs 151C(2)(a) and 151C(2)(e).
2. Child Support records indicate that there was an administrative assessment in place at that time, and that this was likely to be in force on the day before [the child] 18th birthday. This satisfied subparagraph 151(2)(b)(i).
3. The objections officer allowed the objection on the basis of verbal advice that [the child] was enrolled in tertiary education, rather than secondary education. In her application for review, Ms Dillon states that Mr Kavanaugh's objection was in relation to [the child]'s lack of attendance at school due to illness. However the objection was allowed because [the child]'s youth worker, [Ms A] used the word "tertiary" to describe the course. Ms Dillon states "The Certificate II in General Education for Adults course is technically designed to be undertaken by adults within a tertiary education setting. However, in this specific instance, the course is being delivered as an alternative secondary education option for children with special educational needs. [School] is registered as a non-government CaRE school with the WA Department of Education and delivers a secondary school education. They are not a tertiary institution providing tertiary courses".
4. Ms Dillon provided Child Support and the Tribunal with written evidence from the [School], including a letter dated 12 March 2025 from [Ms B], Head of School, which states "I wish to advise that [the child] (DOB [July] 2006) of [address] is currently enrolled in full time secondary education at the [School] in [Suburb], and has been since 19 October 2023 (SCSA [Number]). [The child] is currently in year 13".
5. Ms Dillon also provided an email from [Ms C], youth support and development worker from [School], dated 12 March 2025, addressed to Ms Dillon, which states "I have attached a proof of enrolment letter for [the child]. It mentions [the child] being enrolled in secondary education since her commencement. I'm happy to clarify to anyone that we aren't tertiary education and are secondary education, however, this letter should communicate this".
6. Ms Dillon also provided a letter dated 2 September 2024 from [Ms C], deputy principal, [School], addressed to the Graduation Committee at [Senior High School], and recommending [the child]'s participation in the upcoming school graduation. This refers to [the child]'s "outstanding character and commitment to both her academic and personal development". It also states "...her attendance is consistent and she has made considerable effort to maintaining the attendance expectation". Based on this evidence, the Tribunal is satisfied that subparagraph 151C(2)(c)(ii) is satisfied.
7. [The child]'s 18th birthday was [July] 2024, which was before the last day of the 2024 secondary school year. This satisfies paragraph 151C(2)(d).
8. Subsection 151C(1) provides that the Registrar (or the Tribunal standing in the shoes of the Registrar) must accept an application made under section 151B, if it meets the criteria in subsection 151C(2). The Tribunal is satisfied that the application must be accepted, as all the criteria in subsection 151(2) are met.
9. Section 151D provides that if an application is accepted, a child support termination event does not occur on the child's 18th birthday. Instead a terminating event occurs on the earlier of the day the Registrar is satisfied that the child ceases to be in full time secondary education, or the last day of the secondary school year to which the application relates. In [the child]'s case, this means that the child support case ceases on 12 December 2024, which is the last day of the 2024 secondary school year.

The Tribunal sets aside the decision under review and in substitution decides to extend the child support assessment for [the child] beyond her 18th birthday, until 12 December 2024.