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

This matter concerned an application for a Disability Support Pension (DSP) by Ms Bourke against the Secretary, Department of Social Services. The dispute centred on whether Ms Bourke qualified for the DSP based on her various medical conditions, specifically whether these impairments attracted a rating of 20 points or more under the Impairment Tables and whether she had undertaken a program of support. The decision was made by Ms Anna Burke AO, Member, of the Administrative Appeals Tribunal.

The legal issues before the Tribunal were whether Ms Bourke suffered from an impairment as defined by the Social Security Act 1991 (Cth), whether her impairments rated 20 points or more under the Impairment Tables, and whether she had a continuing inability to work. The Tribunal was required to assess the functional impact of Ms Bourke's diagnosed conditions, including cervical degeneration, bilateral hip condition, bowel cancer, chronic major depressive disorder, and hypothyroidism, against the criteria set out in the Impairment Tables.

The Tribunal found that Ms Bourke did suffer from impairments as required by the Act. Crucially, it determined that her impairments attracted 25 points under the Impairment Tables, with her cervical degeneration rated at 10 points under Table 4 (Spinal Function), her bilateral hip condition at 10 points under Table 3 (Lower limb function), and her chronic major depressive disorder at 5 points under Table 5 (Mental health function). The Tribunal was satisfied that Ms Bourke also met the requirement of a continuing inability to work. Consequently, the Tribunal set aside the previous decision and remitted the matter for reconsideration, with a direction that Ms Bourke satisfied the relevant sections of the Social Security Act 1991 (Cth) for qualification for the DSP.