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

This matter concerned an application for review of a decision by the Secretary of the Department of Social Services to refuse a disability support pension to Mr Boscolo. The dispute centred on whether Mr Boscolo's psychological impairments, specifically Post Traumatic Stress Disorder (PTSD), were fully diagnosed, treated, and stabilised during the relevant claim period. The Administrative Appeals Tribunal (AAT) had affirmed the Secretary's decision, and Mr Boscolo sought review of the AAT's decision.

The primary legal issue before the court was whether Mr Boscolo's psychological impairments met the criteria for a disability support pension under the relevant legislation, specifically concerning the diagnosis, treatment, and stabilisation of his conditions during the claim period. A secondary issue, though not determinative of the outcome, related to the Tribunal's refusal to grant an adjournment, with the court considering whether Mr Boscolo had been afforded a reasonable opportunity to obtain legal advice and prepare for the hearing.

The court reasoned that while Mr Boscolo's PTSD was diagnosed by a qualified clinical psychologist prior to the claim period, the evidence did not establish that his condition was fully treated and stabilised during that period. Medical reports indicated ongoing treatment, including counselling and medication, and further psychiatric review was pending. The court found that the limited treatment received and the awaiting of specialist assessment meant that Mr Boscolo had not undergone all reasonable treatment during the claim period. Consequently, as Mr Boscolo did not meet the threshold for an impairment rating of 20 or more points according to the Impairment Tables, he did not qualify for the disability support pension during the claim period. The court affirmed the decision under review.