NQVD and Child Support Registrar (Child support second review)

This matter concerned an application for an extension of time to lodge an application for review of a decision made by the Social Security and Child Support Division. The applicant, NQVD, sought the extension after filing her application one day out of time. The respondent was the Child Support Registrar. The decision was made by the Hon. John Pascoe AC CVO, Deputy President, of the Administrative Appeals Tribunal.

The Tribunal was required to determine whether it was reasonable in all the circumstances to grant an extension of time for the lodgement of the application for review, pursuant to section 29(7) of the *Administrative Appeals Tribunal Act 1978* (Cth). In making this determination, the Tribunal considered the length of the delay, the applicant's awareness of her appeal rights and the explanation for the delay, the prospects of success if the extension were granted, any prejudice to the respondent or the other party, and fairness between the applicant and others in a similar position.

The Deputy President reasoned that the delay of only one day was minimal. The applicant had demonstrated an understanding of her appeal rights by attempting to file an application before the deadline, and the delay was attributable to a misunderstanding of the Tribunal's administrative requirements. While the prospects of success were difficult to assess due to limited material, there was a possibility of new evidence emerging that could lead to a different decision. The respondent indicated no prejudice, and while the Deputy President acknowledged some detriment to the other party in being involved in ongoing litigation, this was outweighed by other factors. The Deputy President considered that it would be generally fair to grant the extension, particularly given the applicant's genuine effort to file within the time limit and the potential for new evidence.

The Deputy President ordered that the applicant be granted an extension of time for the filing of her application for review.