Gettins and Child Support Registrar (Child support)

This matter concerned an application by Ms Gettins to the Administrative Appeals Tribunal (AAT) for an extension of time to seek a review of a decision made by the Child Support Registrar on 16 February 2018. The Registrar's decision had disallowed Ms Gettins' objection to an earlier decision refusing to change her child support assessment. Ms Gettins sought the review on grounds relating to her necessary commitments of self-support and the earning capacity of the other parent, Mr A.

The primary legal issue before the AAT was whether to grant Ms Gettins' request for an extension of time to lodge her application for review. In determining this, the Tribunal was required to consider the guiding principles for exercising discretion to allow an extension, as established in *Hunter Valley Developments Pty Ltd v Cohen*, and 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 noted that while Ms Gettins had provided a reasonable explanation for a delay of approximately 20 days in lodging her application, the merits of her substantive application were also a critical consideration.

The Tribunal found that Ms Gettins' explanation for the delay, which involved issues with receiving electronic correspondence from the Child Support Agency and subsequently requesting the decision by post, was satisfactory. However, upon examining the merits of her proposed grounds for review, the Tribunal concluded that her application had little merit. Specifically, regarding the ground of Mr A's earning capacity, the Tribunal found that the compulsory criteria set out in the *Child Support (Assessment) Act 1989* were not met, as there was no evidence that Mr A had worked full-time since the assessment began, nor had he reduced his hours or changed his occupation in a manner that would satisfy the legislative requirements. Similarly, the Tribunal was satisfied that the Child Support Agency's conclusion regarding Ms Gettins' necessary commitments of self-support was reasonable.

Given the lack of merit in the substantive application, the Tribunal determined that it would not be proper to grant an extension of time. The Tribunal considered that while there was a reasonable explanation for the delay, this was outweighed by the weak prospects of success of the underlying application. Consequently, the Tribunal refused Ms Gettins' application for an extension of time to seek review of the objection decision.