Cipriano and Child Support Registrar (Child support)

The Administrative Appeals Tribunal considered the appeal of Mr. Cipriano against a decision of the Child Support Registrar to impose a late payment penalty. The dispute concerned whether there were sufficient grounds to remit this penalty.

The Tribunal was required to determine whether the Registrar had erred in refusing to remit the late payment penalty imposed on Mr. Cipriano, and if so, whether the Tribunal should exercise its discretion to remit the penalty.

The Tribunal affirmed the Registrar's decision, finding that Mr. Cipriano had not established any of the grounds for remission of the late payment penalty as provided for under the relevant legislation. The Tribunal noted that the onus was on Mr. Cipriano to demonstrate that exceptional circumstances existed which warranted remission, and that he had failed to discharge this onus. The Tribunal applied the principles of administrative review, focusing on whether the original decision was the correct or preferable one based on the evidence before the Registrar and the Tribunal.

The appeal was dismissed, and the decision of the Child Support Registrar to impose the late payment penalty was affirmed.