Tonra and Child Support Registrar (Child support)

The Administrative Appeals Tribunal (AAT) considered an application by Mr Tonra for an extension of time to seek a review of a decision made by the Child Support Registrar on 22 November 2019. Mr Tonra sought to have the AAT consider his application for review of the Registrar's decision, despite the statutory 28-day period for lodging such an application having expired. The Child Support Registrar was the other party to the proceedings.

The primary legal issue before the AAT was whether to grant Mr Tonra an extension of time to apply for a review of the Child Support Registrar's decision. In determining this, the Tribunal was required to assess the reasons for the delay in lodging the application, the merits of the proposed review, and any prejudice to the parties involved.

The Tribunal refused the extension of time application. It found that Mr Tonra had not provided a satisfactory explanation for the significant delay of 651 days. The Tribunal noted that Mr Tonra was notified of the Registrar's decision by letter dated 22 November 2019, which was properly addressed and therefore deemed to have been received by him in accordance with the Child Support (Registration and Collection) Regulations 2018. While Mr Tonra claimed to have since obtained accurate information regarding his adjusted taxable income, the Tribunal found this did not constitute a cogent reason for the delay, particularly as he had remained dissatisfied with the income applied by the Child Support Agency throughout. Furthermore, the Tribunal considered that the delay would prejudice the other parent, who was entitled to consider the matter finalised after the review period expired, and also cause unnecessary administrative costs to the public. The Tribunal also briefly considered the merits, finding that the original decision appeared sufficiently grounded, and suggested Mr Tonra could pursue a further departure application with the Agency if his circumstances had changed.