Al Shamri; Secretary, Department of Social Services and (Social services second review)

This matter concerned an appeal by Mr Al Shamri against a decision to cancel his Disability Support Pension (DSP). The dispute centred on whether Mr Al Shamri's medical conditions were fully diagnosed, treated, and stabilised at the time his DSP was cancelled. The Administrative Appeals Tribunal was required to determine the legal issues arising from this dispute.

The primary legal issue before the Tribunal was whether Mr Al Shamri's medical conditions, specifically his mental health conditions and physical pain, met the criteria for being fully diagnosed, treated, and stabilised as at the date of cancellation of his DSP. This determination was crucial for establishing whether he continued to qualify for the pension under the relevant legislative provisions, particularly concerning an impairment rating of 20 points or more.

The Tribunal considered extensive medical evidence, including reports from general practitioners and psychiatrists, as well as Mr Al Shamri's Medicare records. It was noted that while Mr Al Shamri's mental health condition of schizophrenia and depression was considered fully diagnosed, there was a significant period of non-compliance with prescribed medication and a lack of psychiatric treatment between 2009 and 2015. Expert opinion indicated that his use of illicit drugs likely exacerbated his conditions and that, at the time of cancellation, his conditions could not be considered fully treated and stabilised due to this history and recent commencement of optimal treatment. Furthermore, the Tribunal found insufficient evidence to conclude that his back and shoulder pain were fully diagnosed, treated, and stabilised.

Consequently, the Tribunal set aside the decision under review and substituted it with a decision that, as at 30 April 2015, Mr Al Shamri did not have an impairment rating of 20 points or more. This meant he did not satisfy the requirements for DSP, and therefore, the decision to cancel his pension was upheld.