Turner and Child Support Registrar (Child support)

This matter concerned an application by Mr Turner 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 3 January 2019. Mr Turner sought to challenge a decision made on 26 September 2018, which had increased his child support liability. The application for review was lodged on 21 April 2020, more than 15 months after the expiry of the usual 28-day time limit.

The AAT was required to determine whether to grant Mr Turner an extension of time to lodge his application for review. This involved considering whether there was a satisfactory explanation for the significant delay and whether the proposed review had sufficient merit to justify departing from the prescribed time limits. The Tribunal also considered the potential prejudice to the parties and the Commonwealth.

The Tribunal found that Mr Turner's explanation for the delay, which cited preoccupation with family matters, moving, and general frustration with the child support system, was not reasonable. Furthermore, the Tribunal was not persuaded that his application had significant merit. The decision under review appeared to be a reasonable reflection of Mr Turner's financial position, based on information available to the Department, including bank statements, despite Mr Turner's failure to provide full and frank disclosure. The Tribunal also noted that Mr Turner had other avenues available to address ongoing child support assessments.

Consequently, the Tribunal refused Mr Turner's application for an extension of time to seek a review of the 3 January 2019 objection decision.