McInnes and Entwistle (Child support)

[2023] AATA 428

McInnes and Entwistle (Child support) [2023] AATA 428 (23 February 2023)

DIVISION:Social Services & Child Support Division

REVIEW NUMBER:  2022/SC025035

APPLICANT:  Ms McInnes

OTHER PARTIES:  Child Support Registrar

Mr Entwistle

TRIBUNAL:Senior Member K Dordevic

DECISION DATE:  23 February 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 omitted 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. Ms McInnes sought a review with this Tribunal on 15 November 2022 from a decision made by an objection officer on 14 November 2022 which allowed her objection to a decision to refuse Mr Entwistle’s application for employer withholdings not to apply.

4. An early case appraisal conference took place on 22 December 2022. The Tribunal contacted Ms McInnes by telephone and discussed the merits of the case.

5. On the same day, the Tribunal wrote to Ms McInnes via her 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 relates to a person’s income, property and financial resources.

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

   Please confirm by return email that you do not wish to proceed with your tribunal application which relates to a decision Child Support made to refuse Mr Entwistle’s application for Child Support not to deduct amounts from his wage.

6. On 18 January 2023 the Tribunal wrote to Ms McInnes requesting that she respond to the email sent to her on 22 December 2022.

7. On 27 January 2023, the Tribunal attempted to contact Ms McInnes by telephone with no success.

8. On 27 January 2023 Ms McInnes confirmed her intention to proceed with the review application.

9. On 1 February 2023 the Tribunal wrote to Ms McInnes notifying its intention to dismiss her 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. No response was received from Ms McInnes by close of business 22 February 2023.

2. The Tribunal is limited to in its scope for review to the decision made by the objections officer.  In this case, Ms McInnes was successful in her application for review by an objections officer. Certainly, under the relevant legislation, a more favourable outcome than that is currently in place is not available to Ms McInnes. Ms McInnes raised other issues at the early case appraisal process that are more appropriately dealt with in an application for a change of assessment.  

3. In any event, there have been no submissions or evidence received from Ms McInnes to contradict the findings and application of the law made by the Agency. Thus, 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.