Turner and Child Support Registrar (Child support)

[2020] AATA 2683

Turner and Child Support Registrar (Child support) [2020] AATA 2683 (15 June 2020)

DIVISION:Social Services & Child Support Division

EXTENSION APPLICATION

NUMBER:2020/MC018891

APPLICANT:  Mr Turner

OTHER PARTY:  Child Support Registrar

DATE DECISION MADE:                15 June 2020

APPLICATION:

An extension application made on 21 April 2020 asking the AAT to consider the application for AAT first review of a decision of the Child Support Registrar on 3 January 2019 despite the period for applying for review having ended.

DECISION:

The extension application is refused.

CATCHWORDS

CHILD SUPPORT – application for extension of time - no satisfactory explanation for the delay - no merit - extension of time refused

Names used in all published decisions are pseudonyms. Any references appearing in square brackets indicate that information has been omitted 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.

STATEMENT OF REASONS

1. Mr Turner and [Miss A] are the parents of [Child 1], born December 2014, and [Child 2], born February 2016 in respect of whom a child support assessment is in effect under which Mr Turner is liable to pay child support. 

2. The child support assessment in relation to the children commenced on 22 March 2017. On 3 July 2018 [Ms A] applied for a change of assessment based on Reasons 6, 8A and 8B.

3. On 26 September 2018 the Department of Human Services (Child Support) made a decision to change the assessment as follows: between 4 July 2018 and 27 January 2020, Mr Turner’s adjusted taxable income (ATI) was set at $83,498 and, in addition, his annual rate of child support was increased by $1,465.

4. On 29 October 2018 Mr Turner objected to the decision in writing. On 3 January 2019 an objections officer disallowed the objection. He was advised of the decision by telephone on the same day.

5. The Department’s records show that Mr Turner was also advised of the objection decision by electronic transmission on 3 January 2019. The notice sent to him advised him of the right to seek a review by making an application to the Administrative Appeals Tribunal (the Tribunal) within 28 days of receipt of the decision.

6. Mr Turner did not make an application to the Tribunal until 21 April 2020, more than 15 months out of time.

7. Prima facie, the time limits prescribed in the Administrative Appeals Tribunal Act 1975 and the Child Support (Registration and Collection) Act 1988 are to be observed. The Tribunal may consider granting an extension of time if there is a reasonable explanation for the delay in making the decision and there is sufficient merit to warrant the departure from the time limits. Prejudice to either party or the Commonwealth may also be considered.

8. In this case, Mr Turner told the Tribunal that his reason for seeking a review was that after the decision was made he was preoccupied with family matters and moving. He stated that his application was based on unfair treatment meted out to him by the Department for many years.

9. Mr Turner told the Tribunal that he had a large outstanding debt of child support and finds dealing with child support confusing, frustrating and stressful.

10. The decision made in September 2018 to depart from the assessment was based on the income Mr Turner had previously been able to earn as an employed [Occupation]. He became self-employed in the 2017/18 financial year. The records provided by the Department show that Mr Turner, despite the Department’s repeated attempts to seek information, did not make a full and frank disclosure in relation to his financial position before the original decision was made on 26 September 2018. Although he lodged his objection in a timely manner, he again failed to provide evidence to the Department to substantiate his financial position. The Department made its own enquiries into Mr Turner’s circumstances and records show that he appears to control a bank account associated with his business which shows a pattern of income as well as expenses. Overall, the decision under review appears reasonably reflective of what can be discerned about Mr Turner’s financial position from bank account statements.

11. More recently, on the basis of a new departure application by [Ms A], the Child Support Registrar made a new change of assessment decision commencing from 28 January 2020. Mr Turner told the Tribunal that he had objected to this decision.

12. In addition, Mr Turner himself, on 5 March 2020, made an application to depart from the administrative assessment based on changes in his circumstances from 2019.

13. The Tribunal finds that Mr Turner’s explanation for the delay of over one year in applying from the objection decision of 3 January 2019 not reasonable and is not persuaded that his application has significant merit. Furthermore, the Tribunal is satisfied that Mr Turner has, albeit in a limited form, further remedies in relation to the ongoing assessment of child support.

14. In these circumstances, the Tribunal finds it appropriate to refuse to extend the time for an application for review of the objection decision of 3 January 2019.