Extension of time (EOT) for an Administrative Review Tribunal (ART) first review 277-09180020

• A person must apply for an ART review within 28 days (90 days for a person in a reciprocating jurisdiction) of the date they received notice of the objection decision
• If the time limit has passed, they can apply to the ART for an extension of time (EOT) to lodge their application for a review
• The ART is not required to notify other parties to an application for an EOT for review unless the ART or a court grant the EOT application

Care percentage objection decisions

• The time limits on making an application to the ART do not apply for care percentage objection decisions
• The ART decision will have effect from the date the application to the ART was made if the:
• person applied to the ART more than 28 days after receiving the objection decision (90 days for a person in a reciprocating jurisdiction), and
• ART decision varies or sets aside the objection decision, substituting a new decision
• The ART can consider if special circumstances prevented the application being made within time. If satisfied special circumstances do exist, they may decide that the application to the ART for review was lodged within time
• The ART must provide written notice of a decision to make or not make a determination to the persons affected by the decision
• A person dissatisfied with the ART’s decision about special circumstances may apply to the ART for second review of the decision

Care special circumstances determinations - section 87AA Child Support (Registration and Collection) Act (CSRC Act) 1988

• A care objection may make a determination of special circumstances under section 87AA of the CSRC Act
• A special circumstances determination is considered a separate decision to the care percentage
• If a person is applying for a review of a special circumstances’ determination, they must apply within 28 days (90 days for a person in a reciprocating jurisdiction) or apply for an extension of time

The ART will make a decision to grant or refuse an EOT application.

Where an EOT is:

• granted, the applicant is taken to have validly made the application for ART review. The ART will issue a new review number and proceed as a substantive matter
• refused, that person can apply to the ART for a review of the decision to refuse the EOT

See the Background page in Administrative Review Tribunal (ART) applications against Child Support for information about roles and responsibilities.