Confidential and Principal Member, Social Security Appeals Tribunal

[2015] AATA 287

[2015] AATA  287

Division	GENERAL ADMINISTRATIVE DIVISION
File Number	2015/0329
Re	Confidential
APPLICANT
And	Principal Member, Social Security Appeals Tribunal
RESPONDENT

DECISION

Tribunal	Ms A F Cunningham, Senior Member
Date	21 April 2015
Place	Hobart

Time is extended for the lodgement of the application for review to 22 January 2015.

........................................................................

Ms A F Cunningham, Senior Member

It is noted that publication of this decision is approved by the Administrative Appeals Tribunal pursuant to s 110X(4)(h) of the Child Support (Registration and Collection) Act 1988 (Cth).

CATCHWORDS

Social Security - application for extension of time - application granted

LEGISLATION

Administrative Appeals Tribunal Act 1975

REASONS FOR INTERLOCUTORY DECISION

Ms A F Cunningham, Senior Member

1. The applicant seeks an extension of time in which to file his application for a review of a decision of the Social Security Appeals Tribunal (SSAT). The decision of the SSAT Principal Member was to refuse the applicant’s application for an extension of time to lodge a review of a decision made by a delegate of the Child-Support Registrar to partly allow his objection to a departure determination lodged on 19 June 2013.

2. This application is determined on the written material before the Tribunal without a hearing being convened. The respondent has advised that it does not wish to take an active role in the proceedings and did not file any written submissions in response to the application.

3. An application for an extension of time is made pursuant to the provisions of subsection 29 (7) of the Administrative Appeals Tribunal Act 1975, which provides that the Tribunal may extend the time for making an application for review of a decision if the Tribunal is satisfied that it is reasonable in all the circumstances to do so.

4. The decision of the Child-Support Registrar was made on 2 October 2013. The applicant’s application for a review of the decision by the Social Security Appeals Tribunal was lodged on 15 October 2014. The SSAT’s decision is dated 11 December 2014 and was posted on 19 December 2014. The applicant contends that he did not receive the decision of the SSAT until 23 December 2014.  The applicant’s application for a review of the decision of the SSAT by this Tribunal was received on 22 January 2015.

5. In his application for an extension of time to the Administrative Appeals Tribunal (AAT), the applicant advises that on 13 January 2015 he telephoned the SSAT regarding an appeal and was transferred to an officer at the AAT. He advised during his telephone call, that he wished to officially object to the decision of the SSAT and contends that he was informed that there was no need for him to commit his objection to writing but that he would receive a form in the mail. The applicant says that he subsequently completed his application for review but was later advised by another officer at the AAT that he needed to apply for an extension of time.

6. The documented information on the file confirms that the decision of the SSAT was posted on 19 December 2014 and I have no reason not to accept that it was not received by the applicant until 23 December 2014. Given the intervention of the Christmas period and the applicant’s subsequent attempts to obtain advice regarding the lodgement of an application for review during the second week of January 2015, I consider that it is reasonable in the circumstances to grant the application for an extension of time for the two days sought in the application.

7. The Tribunal accordingly orders that time is extended for the lodgement of the applicant’s application for review to 22 January 2015.

I certify that the preceding 7 (seven) paragraphs are a true copy of the reasons for the interlocutory decision herein of Ms A F Cunningham, Senior Member

.......................................................................

Administrative Assistant

Dated