Scovill and Child Support Registrar (Child support)

This matter concerned an application by Ms Scovill for an extension of time to seek a first review by the Administrative Appeals Tribunal (AAT) of a decision made by the Child Support Registrar. The Registrar's decision, dated 31 July 2018, related to Ms Scovill's objection to a prior "change of assessment" decision concerning child support for her children, Tara and Emily. Ms Scovill lodged her application for AAT review on 28 September 2018, which was outside the statutory 28-day time limit prescribed by the *Child Support (Registration and Collection) Act 1988* and the *Administrative Appeals Tribunal Act 1975*.

The AAT was required to determine whether to grant Ms Scovill an extension of time to lodge her application for review. In considering this application, the Tribunal applied principles derived from established case law, including *Lucic v Nolan*, *Martinsen v Secretary, Department of Family & Community Services*, and *Gallo v Dawson*. These principles require the Tribunal to consider the explanation for the delay, the merits of the substantial application, any prejudice to the other party, and relevant public interest considerations.

The Tribunal found that Ms Scovill's explanation for the delay, stating she was a full-time working mother with children 80% of the time and that time lapsed before she realised, was not compelling. It noted that many parties have employment and caring responsibilities, and the CSA correspondence clearly indicated the time limit. The Tribunal also considered that granting an extension could prejudice Mr Scovill, who was entitled to rely and budget on the child support assessment in the absence of a timely application for review. Furthermore, the Tribunal highlighted the public interest in timely reviews and certainty for parties, which is served by adherence to statutory time limits.

Weighing all these factors, the Tribunal concluded that the interests of justice were best served by refusing Ms Scovill's application for an extension of time. The Tribunal noted that Ms Scovill remained at liberty to approach the Child Support Agency to make a fresh application for a change of assessment if new evidence or a material change in circumstances arose.