Div 4Percentage of care

Division 4—Percentage of care

Subdivision A—Preliminary

48  Simplified outline

  The following is a simplified outline of this Division:

• A responsible person’s percentage of care for a child during a care period is the percentage of care determined by the Registrar under Subdivision B of this Division.

• A responsible person’s percentage of care for a child is used in section 55C to work out the responsible person’s cost percentage for the child.

Subdivision B—Determination of percentage of care

49  Determination of percentage of care—responsible person has had etc. no pattern of care for a child

 (a) either of the following applies:

 (i) an application is made under section 25 or 25A for a parent to be assessed in respect of the costs of the child;

 (ii) a parent is taken under section 73A to have had a relevant dependent child from a day specified in that section;

  and the Registrar is satisfied that a responsible person for the child has had, or is likely to have, no pattern of care for the child during such period (the care period) as the Registrar considers to be appropriate having regard to all the circumstances; or

 (b) the Registrar:

 (i) revokes, under Subdivision C of this Division, a determination of a responsible person’s percentage of care for a child that was made under this section or section 50; and

 (ii) is satisfied that the responsible person has had, or is likely to have, no pattern of care for the child during such period (the care period) as the Registrar considers to be appropriate having regard to all the circumstances.

 (2) The Registrar must determine the responsible person’s percentage of care for the child during the care period.

 (3) The percentage of care determined under subsection (2) must be 0%, unless section 51 or 52 applies in relation to the responsible person.

50  Determination of percentage of care—responsible person has had etc. a pattern of care for a child

 (a) either of the following applies:

 (i) an application is made under section 25 or 25A for a parent to be assessed in respect of the costs of the child;

 (ii) a parent is taken under section 73A to have had a relevant dependent child from a day specified in that section;

  and the Registrar is satisfied that a responsible person for the child has had, or is likely to have, a pattern of care for the child during such period (the care period) as the Registrar considers to be appropriate having regard to all the circumstances; or

 (b) the Registrar:

 (i) revokes, under Subdivision C of this Division, a determination of a responsible person’s percentage of a care for a child that was made under section 49 or this section; and