Feasey and Riggs (Child support)

The Administrative Appeals Tribunal (AAT) considered a dispute concerning child support between Feasey and Riggs. The matter came before the AAT following an application to review a decision made by the Child Support Registrar.

The primary legal issue before the Tribunal was whether it possessed the power to remit a matter from the Second Review Division (AAT2) back to the First Review Division (AAT1) for reconsideration, particularly in circumstances where a determination under section 95N of the *Child Support (Registration and Collection) Act 1988* had not been made during the original AAT1 review. The Tribunal also had to consider the implications of a late application to the AAT.

The Tribunal determined that section 42D of the *Administrative Appeals Tribunal Act 1975* did not grant it the power to remit a matter from AAT2 to AAT1. The Tribunal reasoned that its jurisdiction was confined to reconsidering the decision under review, and it could not effectively reconsider a decision that had not been subject to a prior determination on a specific aspect, such as the section 95N issue. The Tribunal noted that the original AAT1 review had not addressed this crucial element.

The Tribunal concluded that it lacked the power to remit the matter to AAT1 and therefore could not reconsider the decision in the manner sought by the applicant.