Terry and Child Support Registrar (Child support)

Mr Terry applied to the Administrative Appeals Tribunal (AAT) for an extension of time to seek a review of a child support decision made by the Child Support Registrar on 13 December 2018. The Registrar's decision had partially allowed Mr Terry's objection to an earlier decision that increased his child support payments to reflect the high costs of educating their four children privately. The Registrar's decision, which was notified to Mr Terry by post on 13 December 2018, was subject to a 28-day time limit for applying for review. Mr Terry lodged his application for an extension of time on 1 May 2019, approximately 93 days after the prescribed period had expired.

The AAT was required to determine whether to grant Mr Terry's application for an extension of time to seek a review of the child support objection decision. In considering this application, the Tribunal had to assess the reasons for the delay, the merits of the substantive application for review, any prejudice to the other party (the Child Support Registrar, representing the interests of the other parent), and any prejudice to the general public, as well as fairness to other applicants.

The Tribunal found that Mr Terry had not provided a satisfactory explanation for the significant delay. His assertion that he was unaware he was being billed separately for school fees since 2017 was not supported by evidence, particularly given that fee statements in his name were presented. The Tribunal also found that the substantive application for review had little merit. While the original decision to increase child support was based on the significant cost of private schooling, which both parents had agreed to, Mr Terry's current argument that the other parent was not meeting her share of these fees did not invalidate the original decision at the time it was made. Furthermore, granting an extension would prejudice the other parent, who could reasonably expect the decision to be final after the objection period had passed, and would also prejudice the public interest in the timely administration of government agencies.

Consequently, the AAT refused Mr Terry's application for an extension of time. The Tribunal noted that Mr Terry could address his concerns about the payment of school fees directly with the school or by lodging a new change of assessment application if his circumstances had genuinely changed.