Burridge and Claydon (Child support)

This matter concerned an objection by Ms Claydon to an interim care determination made by Child Support, which was lodged more than 28 days after the original decision was served. Mr Burridge subsequently applied to the Tribunal regarding the date of effect of the objections officer's decision, which had varied the care percentage determination and sought to apply it from 17 February 2023. The core dispute revolved around whether the objections officer's decision, allowing Ms Claydon's late objection, should take effect from the date of the original decision or the date the objection was lodged.

The legal issues before the Tribunal were whether the objections officer correctly applied section 87AA of the Child Support (Registration and Collection) Act 1988, particularly concerning the date of effect of an objection lodged outside the prescribed 28-day period. This required the Tribunal to determine if "special circumstances" existed that would permit the Registrar to extend the period for lodging the objection, thereby allowing the review decision to take effect from an earlier date. The Tribunal also had to consider the impact of Child Support's internal handling of Ms Claydon's communications.

The Tribunal reasoned that section 87AA(1) of the Collection Act outlines the general rule for the date of effect of late objections, while subsection 87AA(2) provides for discretion to apply an earlier date if special circumstances are found. The Tribunal was satisfied that Ms Claydon had made consistent efforts to express her disagreement with the original decision of 3 May 2023, including a contact made within 28 days of receiving the notice. The Tribunal found that the failure of Child Support officers to record these communications as a formal objection constituted special circumstances, justifying the application of subsection 87AA(2).

Consequently, the Tribunal affirmed the objections officer's decision that the interim care determination should take effect from 17 February 2023, the date the original decision took effect.