Freckelton and Child Support Registrar (Child support)

[2023] AATA 1653

Freckelton and Child Support Registrar (Child support) [2023] AATA 1653 (24 April 2023)

DIVISION:Social Services & Child Support Division

REVIEW NUMBER:  2023/SC025515

APPLICANT:  Mr Freckelton

OTHER PARTIES:  Child Support Registrar

TRIBUNAL:Senior Member K Dordevic

DECISION DATE:  24 April 2023

CATCHWORDS

CHILD SUPPORT – dismissal of application for review - particulars of the administrative assessment – no reasonable prospect of success - application for review dismissed

Names used in all published decisions are pseudonyms. Any references appearing in square brackets indicate that information has been removed from this decision and replaced with generic information so as not to identify involved individuals as required by subsections 16(2AB)-16(2AC) of the Child Support (Registration and Collection) Act 1988. 

DISMISSAL OF APPLICATION FOR REVIEW:

1. The Tribunal is satisfied that the application for review has no reasonable prospect of success and dismisses the application for review pursuant to subsection 42B(1) of the Administrative Appeals Tribunal Act 1975 (AAT Act).

2. The reasons for this decision are set out in the following paragraphs.

3. Mr Freckelton sought a review with this Tribunal on 30 January 2023 from a decision made by an objection officer on 19 January 2023 which refused to grant him an extension of time to lodge an objection to a decision made by Services Australia   Child Support ( Child Support) to apply his 2021/22 adjustable taxable income of $76,973 in the assessment from 1 September 2022.

4. Mr Freckelton appealed Child Support’s decision to refuse to grant an extension of time on the basis that Child Support had sent the assessment notification to his previous address and had the wrong contact number on file. As such he had not been made aware of the decision. Therefore, he was not afforded the opportunity to lodge an objection in a timely manner.

5. An early case appraisal conference took place on 3 March 2023. The Tribunal contacted Mr Freckelton by telephone and discussed the merits of the case. Immediately after the early case appraisal conference, the Tribunal wrote to Mr Freckelton via his nominated email address. The letter, in part, stated:

   As discussed, here is a link to information in the Child Support Guide about change of assessment (COA) applications. In particular, Reason 8 deals with whether the assessments are unfair because of the incomes used in the assessments.

   2.6 Change of assessment in special circumstances | Child Support Guide (dss.gov.au)

   Once you have considered the above, please confirm whether you wish to proceed with your current tribunal application. That application would only consider the possible merit of your substantive objection in relation to whether the initial child support formula has been applied correctly.

   Mr Freckelton was advised that he could contact the Child Support Registrar to lodge a change of assessment application. The letter concluded by inviting Mr Freckelton to notify the Tribunal whether he intended to proceed with his application.

6. On 16 March 2023 the Tribunal wrote to Mr Freckelton a follow-up email asking him to confirm whether he wished to continue with the application and that if no response was received from Mr Freckelton by 23 March 2023, the Tribunal may dismiss his application.

7. On 24 March 2023, Mr Freckelton responded to the Tribunal confirming his intention to proceed with the application.  On the same day the Tribunal wrote to Mr Freckelton notifying its intention to dismiss his review application. The letter, in part, stated:

   As discussed at your Early Case Assessment Conference, the Tribunal is considering whether to dismiss your application under section 42B(1)(a) of the Administrative Appeals Tribunal Act 1975 on the basis that the application has no reasonable prospect of success.

   You have 21 days from the date of this letter to give us any evidence or written submission that you wish to have considered before that decision is considered.

1. Mr Freckelton has been advised that he has the option to contact Child Support to request a change of assessment in respect of the application of his 2021/22 adjusted taxable income to the administrative assessment. In view of Mr Freckelton not providing any submissions or evidence to contradict the findings made by Child Support in respect of the objection decision dated 19 January 2023, the Tribunal is satisfied that the application for review has no reasonable prospect of success and so dismisses the application pursuant to subsection 42B(1) of the AAT Act.