PDTW and Child Support Registrar (Child support second review)

This matter concerned an application for an extension of time to seek review of a child support objection decision. The applicant, PDTW, sought to appeal a decision made by the Child Support Registrar on 23 August 2021, which had been partially allowed. The Administrative Appeals Tribunal (AAT) had previously refused the applicant's application for an extension of time to lodge his review application, determining it was seven days out of time. The applicant then sought review of the AAT's decision in this Tribunal.

The primary legal issue before the Tribunal was whether it was reasonable in all the circumstances to grant the applicant an extension of time to lodge his application for review of the Registrar's objection decision. This involved considering the length of the delay, the applicant's awareness of his appeal rights, and the explanation provided for the delay. The Tribunal also had to determine whether the applicant had been properly notified of the Registrar's decision, given his assertion that the notification was sent to an incorrect email address.

The Tribunal considered that the delay of seven days was not substantial. Crucially, the applicant argued that he was unaware of the Registrar's decision until he discovered it on the myGov portal, as the notification had been sent to an old and redundant work email address, despite the Registrar having acknowledged his correct email address on 9 July 2020. The Tribunal accepted this explanation, finding that the applicant had not received due notification of the decision due to the incorrect email address being used. This lack of proper notification was considered a sufficient reason to grant an extension of time.

The Tribunal ordered that the applicant be granted an extension of time to lodge his application for review of the Registrar's objection decision.