BBGL and Child Support Registrar (Child support second review)

The Administrative Appeals Tribunal (AAT) considered an application by BBGL for an extension of time to seek a review of a Child Support Objections Officer's decision made on 10 April 2013. The applicant had lodged an application for review of the AAT's prior decision of 1 July 2016, which had refused to grant an extension of time. The central issue before the Tribunal was whether the applicant should be granted an extension of time to have the 2013 decision reviewed.

The Tribunal was required to determine whether the applicant had provided satisfactory reasons for failing to apply for a review within the prescribed time limits. This involved assessing the applicant's credibility and the veracity of his explanations for the significant delay in seeking a review of the original objection decision. The Tribunal also considered the applicant's conduct and communications with the Child Support Department following his objection.

The Tribunal formed an adverse opinion of the applicant's credibility, noting inconsistencies in his evidence regarding criminal charges, bankruptcy, and employment. The Tribunal found that the applicant had been advised of the objection process and his review rights in October 2012. It was also established that a letter informing the applicant of the disallowance of his objection on 10 April 2013 was sent to his confirmed postal address and to his online account. The Tribunal did not accept the applicant's assertion that he was unaware of the decision until recently, finding that he had failed to provide requested financial information and had not responded to departmental attempts to contact him. The Tribunal concluded that there were no cogent reasons to grant an extension of time, as the applicant had effectively "slept on his rights" and his explanations for the delay were not accepted.

The Tribunal affirmed the decision under review, meaning the applicant was not granted an extension of time to seek a review of the 2013 child support decision.