Hogg and Child Support Registrar (Child support)

This matter concerned an application for review by Mr Hogg of a decision by the Child Support Registrar to refuse him an extension of time to lodge an objection to a child support assessment decision made on 22 May 2020. The Administrative Appeals Tribunal (AAT) was required to determine whether Mr Hogg should be granted an extension of time to object to the assessment.

The legal issues before the tribunal were whether the refusal to grant Mr Hogg an extension of time was the correct and preferable decision. In determining this, the tribunal considered the relevant provisions of the *Child Support (Registration and Collection) Act 1988* and the *Child Support (Assessment) Act 1989*, as well as the principles outlined in the Child Support Guide regarding extensions of time. These principles include the reason for the delay, whether the applicant has rested on their rights, the merits of the objection, and any potential prejudice to the other party or the public.

The tribunal reasoned that Mr Hogg's delay in lodging his objection was understandable, as he was awaiting a promised explanation of the assessment decision from Child Support, and the department had not contacted him as arranged. While Mr Hogg could have been more proactive, the tribunal found that Child Support's failure to follow up contributed to the delay. The tribunal also considered the merits of Mr Hogg's objection, noting that while he had provided limited evidence, he had raised a potential issue regarding the attributed income. The tribunal concluded that granting a short extension of time would not cause significant prejudice to the other party or the public, and that the interests of justice favoured allowing Mr Hogg the opportunity to properly present his case.

The tribunal set aside the decision under review and, in substitution, decided that Mr Hogg be granted an extension of time to lodge his objection to the 22 May 2020 decision.