Rivera and Child Support Registrar (Child support)

The Administrative Appeals Tribunal considered an appeal by Rivera against a decision of the Child Support Registrar to impose a late payment penalty. The dispute concerned whether Rivera had taken reasonable action to avoid the late payment of child support and whether it would be fair and reasonable to remit the penalty.

The Tribunal was required to determine whether Rivera had established grounds for the remission of the late payment penalty. Specifically, the Tribunal had to assess whether Rivera's actions constituted reasonable steps to avoid the late payment and whether, in all the circumstances, it was fair and reasonable to remit the penalty imposed by the Registrar.

In reaching its decision, the Tribunal applied the principles set out in the *Child Support (Registration and Collection) Act 1988* concerning the remission of late payment penalties. The Tribunal found that Rivera had not taken reasonable action to avoid the late payment, noting that the reasons provided did not demonstrate a proactive or diligent approach to meeting the child support obligations. Consequently, the Tribunal concluded that it was not fair and reasonable to remit the penalty. The decision under review was affirmed.