Commonwealth Consolidated Acts

CHILD SUPPORT (ASSESSMENT) ACT 1989 - SECT 48

             (1)  A person's percentage of care for a child for a day in a child support period is the percentage of care of the child that the person is likely to have during the period (the care period ) of 12 months from:

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

                     (b)  if one of the following events occurs:

                              (i)  there is a change of less than 7.1% in the percentage of care for the child that the person has because of an agreement, plan or order mentioned in paragraph 49(a) or (b) (including a variation of such an agreement, plan or order);

                             (ii)  there is a change of at least 7.1% in the percentage of care for the child that the person has, and the change alters the person's cost percentage for the child;

                            (iii)  the person's percentage of care for the child falls below 14%;

                            (iv)  the person's percentage of care for the child increases to 14%, or above 14%;

                             (v)  the person's percentage of care for the child falls below 35%;

                            (vi)  the person's percentage of care for the child increases to 35%, or above 35%;

                            whichever of the following days is applicable:

                           (vii)  if the Registrar is notified, or otherwise becomes aware, of the event within 28 days after the day on which the event occurs--the day on which the event occurs;

                           (viii)  in any other case--the day on which the Registrar is notified, or otherwise becomes aware, of the event; or

                     (c)  if the child is a relevant dependent child in respect of whom section 73A applies--the day specified in that section as the first day on which the parent is taken to have had the child.

Note:          The Registrar is not entitled to amend an administrative assessment in respect of a person's percentage of care unless the Registrar becomes aware of an event mentioned in paragraph (1)(b) (see subsection 75(2)).

             (2)  The percentage of care is to be worked out in accordance with this Subdivision.

Note:          Generally, a person's percentage of care for a child is worked out based on the number of nights that the child is likely to be in the care of the person during the care period.

             (3)  If a person's percentage of care worked out in accordance with this Subdivision is not a whole percentage:

                     (a)  if the percentage is greater than 50%--the percentage is rounded up to the nearest whole percentage; and

                     (b)  if the percentage is less than 50%--the percentage is rounded down to the nearest whole percentage.