ZNQD and Child Support Registrar (Child support second review)

This matter concerned a second review of a decision by the Social Security Appeals Tribunal (SSAT) regarding child support. The applicant, the father of a child born in May 2004, had been involved in child support proceedings since June 2004, with the child's mother having primary care. A change of assessment was made by the Child Support Agency (CSA) in November 2015, which the applicant objected to. Following an objection decision in January 2016, the applicant was informed of a revised annual child support rate and advised of his right to seek review by the Administrative Appeals Tribunal (AAT) within 28 days.

The primary legal issue before the SSAT was whether to grant the applicant an extension of time to lodge his application for a first-tier review of the child support decision. The applicant had lodged his application for review approximately six weeks after the expiry of the prescribed 28-day period. The SSAT was required to consider various factors, including the length of the delay, the explanation provided for the delay, the applicant's awareness of his appeal rights, and the potential prejudice to the other party.

In determining whether to grant an extension of time, the SSAT applied the principles outlined in cases such as *Hunter Valley* and *Zizza*, which require a balancing of all relevant factors to achieve justice. The applicant cited significant personal circumstances, including major eye surgery and financial difficulties, as reasons for the delay. However, the SSAT found that while the delay was not excessively long on its face, the applicant had not demonstrated sufficient grounds to warrant an extension. The applicant's awareness of his appeal rights was also a significant consideration, as was the potential prejudice to the other party, who was entitled to expect finality in the child support assessment.

Ultimately, the SSAT concluded that, after weighing all the relevant factors, it was not satisfied that it would be reasonable in all the circumstances to extend the time for the applicant to make his application for first-tier review. Consequently, the SSAT affirmed the SSAT's decision to refuse an extension of time.