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. Mr Leibfritz and Ms Leibfritz are the parents of [Child A]. This decision concerns a decision to extend the child support case beyond her 18th birthday; in dispute is the precise day the assessment should end and in particular, a determination of [Child A's] "last day" in secondary education.
2. It is convenient by way of background to set out some extracts from the objections officer decision dated 28 October 2024:

The outcome of this decision is that it has been part-allowed.

We have made the decision to extend the child support assessment for [Child A] past her 18th birthday to 22 October 2024.

The effect of the objection decision is: The child support assessment for [Child A] will now end on 22 October 2024.

[Mr Leibfritz] has lodged an objection to the decision made on 28 June 2024, to accept [Ms Leibfritz's] application to extend child support assessment beyond [Child A's] 18th birthday until 29 November 2024.

[Mr Leibfritz] has objected to this decision stating [Child A] is not required to sit exams; [Mr Leibfritz] has confirmation from the Assistant Principal confirming [Child A] will finish her last day of classes on 19 September 2024.

On 10 September 2024, Assistant Principal [Ms A] was contacted, [Ms A] advised the letter provided by her on 27 March 2024 is the last day of school if [Child A] is required to attend further classes in term 4, if she has not satisfactorily completed all her units. [Ms A] stated the email sent to [Mr Leibfritz] on 28 June 2024, is a possible end date of 19 September 2024, if [Child A] does not complete all required units. [Ms A] clarified that as at today's date, she is not able to confirm it will be either date, until she receives a letter confirmed all required units have been completed.

On 18 October 2024, [High school 1] was contacted to confirm the last day of attendance for [Child A], [High school 1] Office Assistant advised the last day of school for [Child A] is 22 October 2024.

[Mr Leibfritz] disputes the extension of the assessment for [Child A] should end on 29 November 2024. [Mr Leibfritz] states [Child A's] last day of school is 19 September 2024.

As per the conversation with [High school 1] on 18 October 2024, the last day of school confirmed for [Child A] as being 22 October 2024. As such, the last day of the year 12 school year for [Child A] is 22 October 2024.

We have made the decision to accept [Ms Leibfritz's] application to extend child support assessment beyond [Child A's] 18th birthday until 22 October 2024.

1. Mr Leibfritz and Ms Leibfritz participated in the Tribunal's hearing by conference telephone.
2. In short, Mr Leibfritz draws attention to the email to him from the school dated 28 June 2024, in which the Assistant Principal advised the following:

As discussed, the last official day of classes for students completing the Vocation Major Certificate is Thursday, September 19, if they have satisfactorily completed all units. Students who have not satisfactorily completed all units will be required to attend further classes in term 4.

1. Simply put, he contends the case should end on 19 September 2024 in the absence of other evidence. Mr Leibfritz drew attention to folio 48 of the hearing papers where it is recorded the school, on 20 March 2024, advised general information about "end dates" could not be given; however, the school later provided that information.
2. Ms Leibfritz told the Tribunal that the materials in the Child Support hearing papers, in addition to the additional materials she has submitted revealing an "end date" of 29 November 2024 should be accepted. Ms Leibfritz observed that advice provided about [Child A's] "end date" was made before [Child A] had completed her course work; her "last day" was always contingent upon when she had completed her work. She continued to work on her units beyond Term 3 and into Term 4. On 18 October 2024, when it was recorded the high school advised a Child Support officer that [Child A's] "last day" was 22 October 2024 (see folio 95 of the Child Support hearing papers), that advice was contingent upon [Child A] having completed her work. Ms Leibfritz said that [Child A] was still regularly attending the University campus on Thursdays; she said [Child A] was still doing work into some time in November 2024.

1. Section 151B of the Child Support (Assessment) Act 1989 (the Act) provides as follows:

Application for assessment/agreement to continue beyond child's 18th birthday

(1) If a child turns 18 during a year in which the child is in full - time secondary education, a carer entitled to child support for the child may apply for an administrative assessment, or a child support agreement, in relation to the child to continue in force until the last day of the secondary school year in which the child turns 18.

Note: For full - time secondary education , last day and secondary school see section 5.

(1A) If a relevant dependent child of a parent turns 18 during a year in which the child is in full - time secondary education, the parent may apply for the relevant dependent child to be taken into account in any relevant administrative assessment until the last day of the secondary school year in which the child turns 18.

(a) made to the Registrar in the manner specified by the Registrar; and

(b) in the case of an application under subsection (1) for a child support agreement to continue in force--signed by both the carer entitled to child support for the child and the liable parent in relation to the child.

Note: Section 150A provides for the Registrar to specify the manner in which an application may be made.

1. Section 5, so far as is relevant, provides as follows:

"last day" , in relation to a child's secondary school year, means:

(a) if the child is not required to sit an examination--the day determined by the secondary school to be the last day of classes for the school year; and

(b) if the child is required to sit an examination--the later of:

(i) the day determined by the secondary school to be the last day of the period of examinations for the child's year level; and

(ii) the day determined by the secondary school to be the last day of classes for the school year.

1. Mr Leibfritz seeks to rely on the email from the school dated 28 June 2024 (folio 62) suggesting that [Child A's] last day would be 19 September 2024 (likely the end of Term 3). However, I note that advice was not unequivocal; it was qualified and contingent upon [Child A] having satisfactorily completed all her units.
2. Ms Leibfritz's submission, supported by the evidence of the advice provided to Child Support on 18 October 2024 (which I accept was accurately documented), was that [Child A] was still completing her units on 18 October 2024, and was forecast to be completed by 22 October 2024.
3. Ms Leibfritz contends [Child A] continued to work on her units until an unspecified date in November 2024. There is no evidence available to me to verify that was so; it seems to me the "end date" in the enrolment verification report supplied by Ms Leibfritz (folio B1) is likely the usual end date of the term and not intended to specify the last day [Child A] had completed her final unit.
4. Amongst other things, section 9 of the Administrative Review Tribunal Act 2024 obliges the Tribunal to ensure that applications are resolved as quickly, and with as little formality and expense, as a proper consideration of the matters before the Tribunal permits.
5. In my assessment, the best evidence of the day determined by the secondary school to be the last day of classes for the school year as required by section 5 of the Act is the recorded information provided to a Child Support officer on 18 October 2024 (that is, 22 October 2024).
6. Accordingly, I find that the child support assessment should be extended past [Child A's] 18th birthday until 22 October 2024. As this is the same conclusion as the objections officer, the decision under review will be affirmed.