Saines and Child Support Registrar (Child support)

[2023] AATA 830

Saines and Child Support Registrar (Child support) [2023] AATA 830 (13 March 2023)

DIVISION:Social Services & Child Support Division

REVIEW NUMBER:  2022/SC025268

APPLICANT:  Mr Saines

OTHER PARTIES:  Child Support Registrar

TRIBUNAL:Senior Member K Dordevic

DECISION DATE:  13 March 2023

CATCHWORDS

CHILD SUPPORT – dismissal of application for review – no reasonable prospect of success - application for review dismissed

Names used in all published decisions are pseudonyms. Any references appearing in square brackets indicate that information has been removed from this decision and replaced with generic information so as not to identify involved individuals as required by subsections 16(2AB)-16(2AC) of the Child Support (Registration and Collection) Act 1988.

DISMISSAL OF APPLICATION FOR REVIEW:

1. The Tribunal is satisfied that the application for review has no reasonable prospect of success and dismisses the application for review pursuant to subsection 42B(1) of the Administrative Appeals Tribunal Act 1975 (AAT Act).

2. The reasons for this decision are set out in the following paragraphs.

3. Mr Saines sought a review with this Tribunal on 15 December 2022 from a decision made by an objection officer on 13 December 2022 which refused his request for an extension of time, lodged on 10 November 2022, to object to a decision dated 14 June 2022 which applied a relevant dependent allowance to the child support assessment from 14 June 2022 and not before.

4. An early case appraisal conference took place on 20 January 2023. The Tribunal contacted Mr Saines by telephone and discussed the merits of the case.

5. On the same day, the Tribunal wrote to Mr Saines via his nominated email address. The letter, in part, stated:

   As discussed, here is a link to information in the Child Support Guide about matters to be considered in deciding whether to grant an extension of time and the relevant law about from what date a relevant dependent child can be added to the child support assessment. These are the matters the tribunal would need to consider.

   1.     4.1.5 Extensions of time to lodge objections | Child Support Guide (dss.gov.au)

   2.     2.9.5 Amending assessments | Child Support Guide (dss.gov.au)

   I have also included a link here to information about the CDDA compensation scheme and links to contact details for the Child Support Complaints area and the Commonwealth Ombudsman.

   1.   6.11 Compensation & waiver of debts | Child Support Guide (dss.gov.au)

   2.     Complaints and feedback - Contact us - Services Australia

   3.     Commonwealth Ombudsman

   Having considered the above, please confirm whether you wish to proceed with your tribunal application regarding whether to grant you an extension of time.

6. On 15 February 2023 the Tribunal wrote to Mr Saines notifying its intention to dismiss his review application. The letter, in part, stated:

   As discussed at your Early Case Assessment Conference, the Tribunal is considering whether to dismiss your application under section 42B(1)(a) of the Administrative Appeals Tribunal Act 1975 on the basis that the application has no reasonable prospect of success.

   You have 21 days from the date of this letter to give us any evidence or written submission that you wish to have considered before that decision is considered.

7. No response was received from Mr Saines by close of business 10 March 2023.

8. In view of there being no submission or evidence received from Mr Saines to contradict the findings made by the Agency and that, under the relevant legislation, a more favourable outcome than that is currently in place is not available, the Tribunal is satisfied that the application for review has no reasonable prospect of success and so dismisses the application pursuant to subsection 42B(1) of the AAT Act.