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

This matter concerned an appeal by Mr Ashworth against a decision of the Secretary of the Department of Social Services regarding his eligibility for a disability support pension. The appeal was heard by A Poljak SM.

The primary legal issue before the court was whether Mr Ashworth's conditions, specifically Autism Spectrum Disorder and Attention Deficit Hyperactivity Disorder, met the criteria under the Impairment Tables for the assessment of functional impact. This required the court to determine if the conditions were fully diagnosed, fully treated, and fully stabilised during the relevant period.

The court considered the Introduction to Table 5 of the Impairment Tables, which mandates that a condition must be fully diagnosed, treated, and stabilised before functional impact can be assessed. While the diagnosis of Mr Ashworth's mental health condition was accepted as complete, the court found that it was not fully treated or stabilised. Evidence from a consultant psychiatrist indicated that treatment was ongoing and that interventions might improve psychosocial functioning. Consequently, the court was not satisfied that the conditions were fully treated and stabilised, meaning no impairment rating could be assigned.

As Mr Ashworth's conditions did not yield an impairment rating of 20 or more points under the Impairment Tables, the court did not need to consider his continuing inability to work. The decision under review was affirmed, and Mr Ashworth was advised that he could reapply for a disability support pension at any time.