Abecassis and Child Support Registrar (Child support)

[2025] ARTA 943

Abecassis and Child Support Registrar (Child support) [2025] ARTA 943 (7 April 2025)

Applicant:  Ms Abecassis

Respondent:  Child Support Registrar

Tribunal Number:  2025/SC029253

Tribunal:Member S Letch

Place:Brisbane

Date:7 April 2025

Application:  An extension application made on 3 February 2025 asking the Tribunal to consider the application for an eligible social services decision (first review) of the Child Support Registrar on 5 September 2023 despite the period for applying for review having ended.

Decision:The extension application is refused.

CATCHWORDS

CHILD SUPPORT – application for extension of time – further application against an objection decision – extension of time refused

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.

Statement of Reasons

1. This is an application by Ms Abecassis for an extension of time to apply to the Tribunal for review of a decision of Child Support dated 5 September 2023. That decision “allowed in part” her objection to an earlier “change of assessment” decision.

2. Ms Abecassis made a previous application to this Tribunal for review (on 12 September 2023; Review number 2023/SC026753) against the decision of 5 September 2023. On 5 April 2024, Deputy President Dordevic (formerly Senior Member) dismissed the application pursuant to subsection 42A(5) of the now repealed Administrative Appeals Tribunal Act 1975 on the basis that Ms Abecassis failed within a reasonable time to proceed with her application.

3. On 3 February 2025, Ms Abecassis made a fresh application to this Tribunal against the objection decision of 5 September 2023. In order for the fresh application to proceed, Ms Abecassis requires an extension of time.[1]

   [1] I note that Tribunal file records confirm Ms Abecassis is seeking an extension of time to make a fresh application, and not applying for reinstatement of the original application.

4. In the interests of finality of decision-making, it is not desirable for more than one application to be able to be made against a single review decision. That principle is reflected in the new section 19 of the Administrative Review Tribunal Act 2024 which, in my assessment, provides a complete answer to this application for an extension of time:

   Exception--Tribunal may extend period

   Application to extend period

   (1)  A person (the applicant ) may apply to the Tribunal to extend the period during which the applicant may apply to the Tribunal for review of a decision.

   (2)  The Tribunal may, by order, extend the period if the Tribunal considers that it is reasonable in all the circumstances to do so.

   (3)  The Tribunal may extend the period even if it has expired.

Exception--where reinstatement is available or has been refused

(4)  The Tribunal must not extend the period if:

(a) section 102 permits the applicant to apply to the Tribunal to reinstate an application by the applicant for review of the decision; or

(b)  the Tribunal refuses an application by the applicant under section 102 to reinstate an application for review of the decision.

1. By operation of subsection (4), the granting of an extension of time is not available where Ms Abecassis can apply for reinstatement of her original application against the objection decision of 5 September 2023. Here, Ms Abecassis is at liberty to make an application for reinstatement pursuant to section 102 of the Administrative Review Tribunal Act 2024 in respect of the dismissal decision of 5 April 2024; accordingly, her application for an extension of time must be refused.

2. It is not appropriate for me to express a firm view about the likely prospects of reinstatement should Ms Abecassis pursue that course (assuming she could satisfy subsection 102(5) and establish there are special circumstances to extend the 28‑day period she had to seek reinstatement of the dismissal decision of 5 April 2024), other than observing that the length of time and cogent reasons for the dismissal appear to me very material factors against reinstatement. Those factors would, of course, need to be balanced against any of Ms Abecassis’s personal circumstances which might favour reinstatement. However, I note that Ms Abecassis is at liberty at any time to make a fresh “change of assessment” application with Child Support should she consider the child support assessment unfair; in appropriate circumstances, the effect of any departure can be backdated up to a period of 18 months prior to the application being made.

DECISION

The extension application is refused.

Date of hearing:	Tuesday 1 April 2025
Representative for the Applicant:	Self-represented