Cooper and Child Support Registrar (Child support)

The Administrative Appeals Tribunal (AAT) considered an application by Mrs Cooper for an extension of time to seek review of a child support decision made by the Child Support Registrar. Mrs Cooper sought to extend the child support assessment for her daughter, [Child 1], beyond her 18th birthday. The Registrar's objection decision, made on 17 August 2018, had extended the assessment only until 21 December 2018, whereas Mrs Cooper wished for it to continue until 30 November 2019. Mrs Cooper lodged her application for an extension of time on 8 November 2018, approximately 42 days after the statutory 28-day period for review had expired.

The primary legal issue before the Tribunal was whether to grant Mrs Cooper's request for an extension of time to apply for a review of the Registrar's objection decision. This required the Tribunal to consider the relevant provisions of the Child Support (Registration and Collection) Act 1988 and the Child Support (Assessment) Act 1989, as well as the principles governing the exercise of discretion to grant extensions of time, as established in cases such as *Hunter Valley Developments Pty Ltd v Cohen*. The Tribunal was required to balance various factors, including the reasons for the delay, the merits of the substantive application, and any prejudice to the parties or the public.

The Tribunal found that Mrs Cooper had not provided a satisfactory explanation for the 42-day delay, attributing it vaguely to "other personal issues" and her status as a single parent. The Tribunal noted that Mrs Cooper had been informed of the objection decision and her appeal rights, with the 28-day timeframe clearly indicated. Furthermore, the Tribunal assessed the merits of Mrs Cooper's substantive application and concluded it had little prospect of success. Under section 151B of the Assessment Act, an extension is permitted until the last day of the secondary school year in which the child turns 18. As [Child 1] turned 18 in December 2018, and the last day of that school year was 21 December 2018, the Tribunal found the Registrar's decision to extend the assessment to that date was correct, and the application to extend it to November 2019 lacked merit.

Given the unsatisfactory explanation for the delay and the poor prospects of success of the substantive application, the Tribunal determined that it would not be proper to grant the extension of time. Accordingly, the Tribunal refused Mrs Cooper's application for an extension of time to seek review of the objection decision.