Bilic and Child Support Registrar (Child support)

Miss Bilic applied to the Administrative Appeals Tribunal (AAT) for an extension of time to seek a first review of a decision made by the Child Support Registrar. The Registrar's decision, which partially allowed Miss Bilic's objection to a change of assessment, was communicated to her on 31 May 2018. Miss Bilic lodged her application for AAT first review on 6 September 2018, significantly outside the statutory 28-day time limit prescribed by the Child Support (Registration and Collection) Act 1988 and the Administrative Appeals Tribunal Act 1975.

The AAT was required to determine whether to grant Miss Bilic an extension of time to lodge her application for review. In considering this application, the Tribunal had to weigh several factors, including the explanation provided for the delay, the merits of the substantial application, any prejudice to the other party, and relevant public interest considerations. The established legal principle is that proceedings commenced outside statutory time limits are generally not entertained, but the overarching concern is to ensure justice is done between the parties.

The Tribunal found that Miss Bilic had not provided a satisfactory explanation for the delay, merely stating she did not understand the process, despite the CSA correspondence clearly outlining the time limit. While acknowledging that her substantial application might not be entirely devoid of merit, the Tribunal considered that granting an extension would potentially cause prejudice to Mr [A], who was entitled to rely on the assessment made within the prescribed period. Furthermore, the Tribunal noted the public interest in timely reviews and the certainty afforded by statutory time limits.

Ultimately, the AAT concluded that the interests of justice were best served by refusing to grant the extension of time. The Tribunal observed that Miss Bilic remained at liberty to approach the Child Support Agency to make a fresh application for a change of assessment should new evidence or a material change in circumstances arise.