Yapo and Rogers (Child support)

[2023] AATA 3304

Yapo and Rogers (Child support) [2023] AATA 3304 (4 September 2023)

DIVISION:Social Services & Child Support Division

REVIEW NUMBER:  2023/SC026296

APPLICANT:  Ms Yapo

OTHER PARTIES:  Child Support Registrar

Mr Rogers

TRIBUNAL:Senior Member Dordevic

DECISION DATE:  4 September 2023

CATCHWORDS

PROCEDURE – whether applicant failed to proceed with application – application dismissed

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

DISMISSAL OF APPLICATION FOR REVIEW:

1. The Tribunal is satisfied that Ms Yapo failed within a reasonable time to proceed with the application.

2. Pursuant to subsection 42A(5) of the Administrative Appeals Tribunal Act 1975, the Tribunal dismisses the application for review.

3. The reasons for this decision are set out in the following paragraphs.

4. Ms Yapo lodged an application with the Social Services and Child Support Division of the Administrative Appeals Tribunal on 22 June 2023.

5. An early case appraisal conference took place on 2 July 2023.  Ms Yapo attended the conference. Mr Rogers could not be contacted.  On the same day the Tribunal wrote to Ms Yapo, advising:

   As discussed, here is a link to information in the Child Support Guide about the requirements for applying a multi-case allowance in an assessment.

   2.4.9 Assessments when a parent has multiple child support cases (Formulas 3 & 4) | Child Support Guide (dss.gov.au)

   I have included links here to information about the Child Support Complaints process and the Commonwealth Ombudsman.

   Complaints and feedback - Accessing our services - Services Australia

   Commonwealth Ombudsman

   Once you have considered the above, please confirm whether you wish to proceed with your tribunal application.

6. No response was received from Ms Yapo.

7. On 3 August 2023 the Tribunal wrote to Ms Yapo the following:

   Yes, the tribunal will only review if there is truly a second child support case involved so that a multi case allowance should be included or not. The tribunal will not review whether there should be another child support case.

   The tribunal could confirm with Child Support that there is a second child support case. It is unlikely any other evidence would be relevant in making a decision. As the multi case allowance is applied automatically by the Child Support computer system when more than one child support case is active it is unlikely that decision would be incorrect.

8. On 8 August 2023 Ms Yapo advised the Tribunal in writing that she wished to proceed with her application.

9. On 10 August 2023 the Tribunal wrote to Ms Yapo advising:

   As discussed at your Early Case Assessment Conference, the Tribunal is considering whether to dismiss your application under section 42B(1)(a) of the Administrative Appeals Tribunal Act 1975 on the basis that the application has no reasonable prospect of success.

   You have 21 days from the date of this letter to give us any evidence or written submission that you wish to have considered before that decision is considered.

10. No response was received by Ms Yapo by close of business 1 September 2023.

11. The Tribunal notes that, as Child Support confirmed that the multi-case allowance was applied to the administrative assessment, Ms Yapo cannot receive a more favourable decision.

12. The Tribunal is satisfied that the application for review has no reasonable prospect of success and dismisses the application for review pursuant to subsection 42B(1) of the Administrative Appeals Tribunal Act 1975 (AAT Act).