4.2.4 Time Limit on Applications for AAT Review

Context

A parent must apply for an AAT first review of an objection decision within 28 days (or 90 days for parents who reside overseas in a reciprocating jurisdiction (1.5.1)) of the date they received the Registrar's notice of the decision. If a parent did not apply in the specified time they can make an application for review that includes a written application for an extension of time to apply. If a parent applies for a review of a care percentage objection decision, the usual time restrictions on making an application to the AAT do not apply, but the date of effect of the AAT review decision may be affected.

The information in this topic does not apply to first or second review appeals to the AAT of a care percentage objection decision. For information on appealing a care percentage objection decision to the AAT, refer to 4.1.8.

Act references

AAT Act section 29

CSRC Act section 90, section 91, section 92, section 93, section 96A

Applying for an extension of time for an AAT first review

If a parent does not make an application for an AAT review within 28 days of being served with the objection decision (or 90 days for parents who reside overseas in a reciprocating jurisdiction (1.5.1)) they can apply for an extension of time to lodge their application for a review. The application for an extension of time must be in writing. It must explain why they did not lodge the objection within the 28 or 90 days. Submissions and a copy of any other document which the applicant wishes the AAT to take into account in deciding the extension of time may be included with the extension application.

Making a decision to grant or refuse an application for an extension of time

The AAT has 60 days (or 90 days for parents who reside overseas in a reciprocating jurisdiction (1.5.1)) to consider the extension of time application and make a decision to grant or refuse it.

Where an extension of time is granted, the applicant is taken to have validly made the application for AAT first review (CSRC Act section 92(6)).

AAT second review of an AAT decision to refuse an application for an extension of time

If a person's extension of time application is refused by the AAT then that person can apply for an AAT second review of that decision (CSRC Act section 96A(a)).

Applications for an AAT second review must be lodged with the AAT within 28 days from the date the applicant received the AAT first review decision (AAT Act section 29(2) and section 29(3)).

The AAT can grant an extension of time for a person to make an application for second review (AAT Act sections 29(7)-(10)). Before determining an application for an extension of time, the AAT may give notice to, or require the applicant to give notice to, any party the AAT considers may be affected by the application.

Where an affected party gives notice that he or she wishes to oppose the application for an extension of time, the AAT will give the applicant and opposing party an opportunity to present their respective cases at a hearing before making a decision on the application for extension (AAT Act sections 29(7)-(10), section 29AC). The AAT is not required to notify other parties in relation to an application for an extension of time for a first review unless the AAT or a court decides the extension application is to be granted (CSRC Act section 93(1)).

For more information see the AAT website.

Last reviewed: 1 July 2015