WYBM and Child Support Registrar (Child support second review)

This matter concerned a second review by the Tribunal concerning child support. The parties were WYBM (the Mother) and the Child Support Registrar. The dispute centred on whether the Mother had established "special circumstances" that prevented her from lodging an application for review with the Administrative Appeals Tribunal (AAT1) within the prescribed 28-day period following a decision made on 9 June 2022. The AAT1 had previously affirmed a decision that no such special circumstances existed, meaning the effective date of a revised care percentage determination was the date the Mother lodged her late application, rather than an earlier date when the change in care was found to have occurred.

The legal issues before the Tribunal were whether the Mother's circumstances constituted "special circumstances" as contemplated by subsection 95N(2) of the Collection Act, which would permit an extension of time for her application to the AAT1. Specifically, the Tribunal had to determine if the Mother's full-time employment, operation of a small business, and her responsibilities in caring for her two children and her mother, who suffered from chronic pain, brain aneurysms, and diabetes, were sufficient to prevent her from lodging her appeal within the required 28-day timeframe.

The Tribunal considered the Mother's evidence detailing her extensive care duties for her mother, which involved daily assistance with personal hygiene, meals, and medical appointments, particularly during June, July, and August 2022. She also highlighted her full-time employment and efforts to generate additional income through a small business, alongside her responsibilities as a parent to two teenage children. The Tribunal noted that the definition of "special circumstances" typically requires the applicant to demonstrate that their particular situation prevented them from lodging within the timeframe, with examples including serious illness, accidents, or personal trauma, none of which were directly present. The Tribunal also considered evidence from the Father, who pointed to the Mother's mother's statement indicating she regularly assisted with childcare during the relevant period, and that payroll and care calendars submitted by the Mother were not from the period in question.

Ultimately, the Tribunal was not satisfied that the Mother's circumstances met the threshold for "special circumstances" that prevented her from lodging her application within the required 28-day period. Consequently, the Tribunal affirmed the AAT1's decision, meaning the effective date of the revised care percentage determination remained 25 August 2022, the date the Mother lodged her application with the AAT1.