KNSM and Child Support Registrar (Child support second review)

This matter concerned an application for an extension of time to seek a second review of a child support decision. The applicant, the father, sought to extend the time to appeal an objection decision made by the Child Support Registrar (CSR) on 5 May 2023. The father had initially lodged an appeal request on 21 May 2023, but incorrectly filed it with the Queensland Civil and Administrative Tribunal (QCAT) instead of the Administrative Appeals Tribunal (AAT). The AAT was required to determine whether to grant an extension of time for the father to lodge his appeal with the correct tribunal.

The legal issues before the Tribunal were whether it was reasonable in all the circumstances to grant an extension of time for the father to seek a review of the CSR's decision. In assessing this, the Tribunal considered the length of the delay in applying for review, the applicant's awareness of his appeal rights and the explanation provided for the delay, the prospects of success of the substantive application, any prejudice to the respondent or other parties, and relevant public interest considerations.

The Tribunal found that the father's appeal was lodged 44 days late. It also found implausible his assertion that he lodged the appeal with QCAT on the advice of Centrelink, as no contemporaneous evidence was provided to support this claim. The Tribunal noted that the CSR stated it would not be prejudiced by granting the extension. However, it considered that there were public interest considerations, specifically the prejudice to the general public due to unnecessary administration costs that would not be afforded to other individuals in similar circumstances, given the clear timeframe for review. The Tribunal also considered the substantive merits of the application, noting that the tax return provided did not establish the merits of the substantive application. Ultimately, the Tribunal was not satisfied that it was reasonable in all the circumstances to grant the extension of time.

Pursuant to section 29(7) of the Administrative Appeals Tribunal Act 1975 (Cth), the Tribunal refused to extend the time for the making of an application for review of the Child Support decision dated 5 May 2023.