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

This matter concerned an appeal by the applicant, Brandley, against a decision by the Secretary of the Department of Social Services affirming a decision to refuse a disability support pension. The central dispute revolved around whether the applicant's medical conditions met the criteria for a disability support pension, specifically concerning the permanence of the conditions and the resulting functional impairment. The case was heard by B Cullen M.

The legal issues before the court were whether the applicant's impairments attracted an impairment rating of 20 or more points under the relevant Impairment Tables, as required by section 94(1)(b) of the Social Security Act 1991 (Cth). This required the court to consider the definition of "permanent" for the purposes of the Impairment Tables, which involved determining if the conditions were fully diagnosed, fully treated, fully stabilised, and more likely than not to persist for more than two years.

The court noted that the Impairment Tables are function-based and assess the level of functional impact of an impairment, not the conditions themselves. For an impairment rating to be assigned, the underlying condition must be permanent and the resulting impairment more likely than not to persist for over two years. The Determination further stipulated that a condition is considered permanent if it has been fully diagnosed by a qualified medical practitioner, fully treated, fully stabilised, and is likely to persist for more than two years. The court considered whether there was corroborating evidence of the conditions, the treatment and rehabilitation that had occurred, and any planned future treatment.