RBBT and Child Support Register (Child support second review)

This matter concerned an application for an extension of time to seek review of a child support decision. The Applicant sought to extend the time to lodge an application for review, which had been rejected by the Social Services & Child Support Division of the Tribunal. The Applicant contended they received the reviewable decision later than the date recorded by the Department of Human Services.

The primary legal issue before the Tribunal was whether the Applicant's application for review was lodged within the prescribed timeframe, and if not, whether an extension of time was reasonable in the circumstances. This required the Tribunal to determine the actual date of receipt of the reviewable decision by the Applicant, as this date dictated the deadline for lodging the application for review.

The Tribunal considered the initial determination by the Social Services & Child Support Division, which found the application was lodged one day late based on the Department's records indicating electronic notification on 14 June 2018. However, the Respondent later advised the Tribunal that it could not confirm the electronic receipt date and did not oppose an extension, as it now accepted the Applicant's statement that the decision was received on or around 19 June 2018. This revised position meant the application, lodged on 13 July 2018, was within the 28-day timeframe.

Consequently, the Tribunal concluded that no extension of time was required. Pursuant to section 43(1)(c) of the Act, the decision under review was set aside and remitted to the Social Services & Child Support Division for reconsideration, with the direction that the Applicant's substantive application could proceed as it was lodged within the stipulated timeframe.