Wesley and Child Support Registrar (Child support)

This matter concerned an application by Mr Wesley 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 14 February 2020. The Registrar had disallowed Mr Wesley's objection to a "change of assessment" decision. The application for review was made on 28 July 2020, significantly outside the statutory 28-day time limit prescribed by the *Child Support (Registration and Collection) Act 1988* and the *Administrative Appeals Tribunal Act 1975*.

The AAT was required to determine whether to grant Mr Wesley an extension of time to lodge his application for review. In considering this, the Tribunal had to assess the explanation provided for the delay, the merits of the substantial application for review, any potential prejudice to the Child Support Registrar, and relevant public interest considerations. The established legal principle is that proceedings commenced outside statutory time limits are generally not entertained, but this rule may be displaced if it would result in injustice between the parties.

The Tribunal found that Mr Wesley had not provided a satisfactory explanation for the extensive delay. While acknowledging the impact of COVID-19 and his belief that he had exhausted his options, the Tribunal noted he was clearly advised of his review rights and effectively chose not to pursue them within the prescribed period. The Tribunal also expressed concern about the potential prejudice to the Child Support Registrar, who had been entitled to rely on the decision in the absence of a timely review application. Although the merits of the substantial application were not entirely devoid of merit, the lack of a reasonable explanation for the delay and the potential prejudice weighed heavily against granting the extension.

Ultimately, the Tribunal refused Mr Wesley's application for an extension of time. The decision was based on the absence of a reasonable explanation for the delay and the potential prejudice to the other party, alongside the public interest in timely reviews and certainty regarding decisions made by the Child Support Registrar. The Tribunal noted that Mr Wesley retained the option to apply for a fresh "change of assessment" if his circumstances had materially changed.