Tash and Child Support Registrar (Child support)

This matter concerned an application by Mr Tash 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 7 December 2020. The application for extension was filed on 14 January 2021, well outside the prescribed 28-day period for lodging an appeal.

The AAT was required to determine whether to grant an extension of time for Mr Tash to apply for a review. In doing so, the tribunal considered the essential criteria for such an application: the reasons for the delay, the merits of the proposed review, and the prejudice to all parties involved.

The tribunal refused the extension of time. It found that Mr Tash had not provided a satisfactory explanation for the delay, noting that the decision was electronically sent to him on 7 December 2020 and that the unavailability of legal counsel was not a cogent reason. Furthermore, the tribunal considered that the delay prejudiced the Child Support Registrar, who was entitled to consider the matter finalised after the review period expired. The tribunal also found the merits of the proposed review to be weak, as the issues had been previously addressed by the tribunal and the Child Support Agency on multiple occasions, and the decision under review appeared sufficiently grounded in material evidence. Finally, the tribunal noted prejudice to the public interest due to unnecessary administrative costs.