The Guides to Social Policy Law is a collection of publications designed to assist decision makers administering social policy law. The information contained in this publication is intended only as a guide to relevant legislation/policy. The information is accurate as at the date listed at the bottom of the page, but may be subject to change. To discuss individual circumstances please contact Services Australia.

4.1.4 Care other than in nights

Context

Generally, the number of nights a person cares for a child will be the best measure of their percentage of care (1.1.P.70). However, there may be some occasions where only counting the nights in care does not accurately reflect the caring arrangements for the child. For example, one parent (1.1.P.10) may provide care (1.1.C.10) every night while the other parent provides care from 8 am to 6 pm every weekday.

In such cases, the Registrar may calculate the number of hours of care for each carer in determining the pattern of care and convert that into a care percentage. The Registrar will take into account the information from each parent or non-parent carer about the care they provide and why they think nights or hours is the better measure of care.

Example: Camryn and Capricia have one child Viktor. Camryn works night shifts and so can only provide care for Viktor during the daytime. Camryn cares for Viktor for 45 hours per week while Capricia cares for Viktor every night. A percentage of care based on nights would not properly reflect the parents' care arrangements for Viktor and the Registrar would therefore determine the percentages of care based on the hours that each parent provides care for Viktor.

Example: Albert and Daria have one child, Ahmed. Albert has 98% care of Ahmed and Daria has 2% care based on the number of nights care over a 12-month care period. During the 12-month care period, Ahmed stays 7 Saturday nights (from 4 pm Saturday to 12 noon on Sunday) with Daria and the rest of the nights with Albert. Daria works night shifts and takes care of Ahmed every weekday from 8 am until Albert returns from work at 6 pm. This occurs for 40 weeks over 12 months. Daria requests that their care percentage be calculated using hourly care.

Calculation:

  • Saturday nights: 7 × 20 hours = 140 hours
  • Daytime care: 5 weekdays × 40 weeks × 10 hours = 2,000 hours
  • Total hours care: 2,140 hours
  • Care percentage: 2,140 hours ÷ 8,760 hours = 24%

Even where a determination based on the hours of care that a person provides might result in a different percentage of care to a determination based on the nights of care, it may still be more appropriate to use nights of care as the best measure of care that the person provides.

If a person has some overnight care and a small amount of additional 'daytime' care that is not associated with an overnight stay, it may still be more appropriate to use a care percentage calculation based on nights. A decision as to whether nights are an appropriate basis for a care percentage determination will depend on the particular circumstances of the case.

Example: Leif and Kayley have 2 children, Emmett and Matti, who live mainly with Leif. Kayley has care of the children every second Friday and Saturday night and some school holidays. Kayley also picks the children up from school on Wednesdays, takes them to soccer and has dinner with them, before dropping them back to Leif's house for the night. As the daytime care Kayley provides each Wednesday does not significantly affect the care arrangements, it is appropriate to base the percentages of care on the nights of care that each parent has of the children.

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