Welch and Child Support Registrar (Child support)

The Administrative Appeals Tribunal (AAT) considered an application for an extension of time made by Mr Welch, who sought to review a decision of the Child Support Registrar. The Registrar's decision, made on 16 November 2021, set Mr Welch's adjusted taxable income at $68,468 per annum for the period from 22 March 2021 until a terminating event. Mr Welch was notified of this decision and advised that he had 28 days to seek a review by the AAT. He lodged his application for an extension of time on 17 March 2022, well outside the prescribed period.

The legal issues before the AAT were whether to grant Mr Welch an extension of time to lodge his application for review of the Child Support Registrar's decision. In determining this, the AAT was required to consider the explanation provided by Mr Welch for the delay, the merits of his substantial application, any prejudice to the other parent, and relevant public interest considerations. The AAT noted that the starting position is that proceedings commenced outside a statutory period will generally not be entertained, but the primary concern is to ensure justice is done between the parties.

The AAT found that Mr Welch had not provided a satisfactory explanation for the delay. While he cited difficulties in obtaining his 2020-21 tax returns due to issues with his previous accountants and the need to finalise his company's financial statements, the Tribunal found no evidence of an actual impediment to him lodging an application within the 28-day period, even if he needed more time to gather supporting evidence. The AAT also found that Mr Welch's prima facie review of the evidence did not reveal a clear or confronting misunderstanding of the facts by the objections officer, and therefore placed less weight on the new evidence provided. Furthermore, the Tribunal considered that granting an extension would be prejudicial to the other parent, given the burden of the appeals process, and also took into account the cost to the Commonwealth of an appeal where grounds for an extension have not been established.

Consequently, the AAT refused Mr Welch's application for an extension of time.