Section 51 — Child Support (Assessment) Act 1989: Percentage of care if action taken to ensure that a care arrangement in relation to a child is complied with

(1) This section applies if: (a) the Registrar is required by section 49 or 50 to determine a responsible person’s percentage of care for a child during a care period; and (b) a care arrangement applies in relation to the child; and (c) the Registrar is satisfied that the actual care of the child that the responsible person has had, or is likely to have, during the care period does not comply with the extent of care of the child that the person should have had, or is to have, under the care arrangement during that period (which may be nil); and (d) a person who has reduced care of the child is taking reasonable action to ensure that the care arrangement is complied with. Note: This section does not apply in certain circumstances: see section 53. 2 percentages of care in relation to the responsible person (2) Subject to subsection (5), the Registrar must determine, under section 49 or 50, 2 percentages of care in relation to the responsible person. (3) The first percentage of care is to be a percentage that corresponds with the extent of care of the child that the responsible person should have had, or is to have, under the care arrangement during the care period (which may be nil). (4) The second percentage of care is to be: (a) for a determination under section 49—0%; or (b) for a determination under section 50—a percentage that corresponds with the actual care of the child that the Registrar is satisfied that the responsible person would be likely to have during the care period if the action referred to in paragraph (1)(d) were not to succeed. Single percentage of care in relation to the responsible person (5) If the Registrar is satisfied that special circumstances exist in relation to the child, the Registrar may determine, under section 49 or 50, a single percentage of care in relation to the responsible person. (6) The single percentage of care is to be: (a) for a determination under section 49—0%; or (b) for a determination under section 50—a percentage that corresponds with the actual care of the child that the Registrar is satisfied that the responsible person would be likely to have during the care period if the action referred to in paragraph (1)(d) were not to succeed.