Adams and Secretary, Department of Social Services (Social services second review)

Shane Adams (the Applicant) sought a second-tier review by the Administrative Appeals Tribunal (AAT) of a decision made by the Social Services and Child Support Division (SSCSD) to dismiss his application for review. The SSCSD's decision concerned the Applicant's application to review an Employment Services Assessment (ESAT) which had recommended his referral to a Disability Employment Service (DES) and made a finding regarding his work capacity.

The primary legal issue before the AAT was whether the General Division of the AAT had jurisdiction to review the SSCSD's decision to dismiss the Applicant's application for review, specifically concerning the assessment of his work capacity by a Job Capacity Assessor. This question hinged on whether the ESAT work capacity assessment constituted a "decision" for the purposes of review under the Administrative Appeals Tribunal Act 1975 (Cth).

The Tribunal reasoned that a reviewable "decision" must be a substantive determination, final or operative in a practical sense, and not merely a conclusion reached as a step in a course of reasoning leading to an ultimate decision. Applying this principle, the Tribunal found that the work capacity assessment within the ESAT was not a reviewable decision in itself. Instead, it was an intermediate step used to inform decisions regarding a person's employment pathway plan and associated mutual obligations. The Tribunal noted that any dispute regarding the requirements of the Applicant's Job Plan, which stemmed from the ESAT, should be addressed through a request to vary the Job Plan, with decisions on such variations being amenable to review.

Consequently, the Tribunal concluded that it lacked jurisdiction to review the ESAT work capacity assessment as it was not a reviewable decision. The application for review was therefore dismissed.