Crossan and Child Support Registrar (Child support)

This matter concerned an application by Mr Crossan for an extension of time to seek a review by the Administrative Appeals Tribunal (AAT) of a decision made by the Child Support Registrar on 14 October 2019. The application for review was made on 30 March 2021, significantly outside the prescribed 28-day period.

The AAT was required to determine whether to grant an extension of time for Mr Crossan to seek a review. In doing so, the tribunal considered the established criteria for such applications: the reasons for the delay, the merits of the proposed review, and any prejudice to the parties involved.

The tribunal refused the extension of time. It found that Mr Crossan had not provided a satisfactory explanation for the 505-day delay in seeking a review, particularly as he was notified of the Registrar's decision by post on 14 October 2019, and such service is deemed effective under the Child Support (Registration and Collection) Regulations 2018. No evidence was presented to suggest incapacity or cognitive issues that would have prevented an earlier application. Furthermore, the tribunal considered that the delay prejudiced the other parent, who was entitled to finality regarding the child support assessment, and also prejudiced the public interest through unnecessary administrative costs. The merits of the underlying decision were also assessed as weak.