Rosena and Child Support Registrar (Child support)

This matter concerned an application by Mr Rosena for an extension of time to seek a review by the Administrative Appeals Tribunal (AAT) of a decision made by the Child Support Registrar on 2 March 2021. The application for review was lodged 13 days out of time, on 12 June 2021.

The AAT was required to determine whether to grant an extension of time for Mr Rosena to apply for a review of the Child Support Registrar's decision. In assessing such an application, the tribunal must consider the reasons for the delay, the merits of the underlying application, and any prejudice to the parties involved.

The tribunal refused the extension of time application. It found that Mr Rosena had not provided a satisfactory explanation for the delay, particularly as he was notified of the decision electronically on 2 March 2021, the date of the decision. While acknowledging the stress Mr Rosena experienced due to financial distress and family matters, the tribunal held that these common issues in child support disputes, without supporting medical evidence of incapacity, did not constitute a reasonable explanation for the delay. Furthermore, the tribunal considered that granting an extension would prejudice the Child Support Registrar, who was entitled to consider the matter finalised after the review period expired. The tribunal also briefly considered the merits of the underlying application, finding it had limited prospects of success. Finally, the tribunal noted potential prejudice to the public through unnecessary administrative costs.