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

This matter concerned an appeal by Mr Bushell against a decision of the Secretary of the Department of Social Services to reject his application for a disability support pension. The Administrative Appeals Tribunal was required to determine whether Mr Bushell's impairments were permanent and whether they had been fully diagnosed, treated, and stabilised, as required for the pension.

The Tribunal considered whether Mr Bushell's impairments met the criteria under the relevant Impairment Tables. Specifically, it examined a mental health condition, which was assessed as attracting 10 points under Table 5, and a spinal condition, which was found not to be permanent. The central legal issue was whether these conditions, in combination, rendered Mr Bushell unable to work in accordance with the legislative requirements for a disability support pension.

The Tribunal's reasoning focused on the assessment of the permanence of Mr Bushell's conditions. While a mental health condition was recognised, it did not, on its own, meet the threshold for the pension. Crucially, the spinal condition was not found to be permanent, a key requirement for eligibility. The Tribunal applied the principles of the Social Security Act 1991 (Cth) and the associated Impairment Tables, concluding that the evidence did not establish that Mr Bushell's impairments were permanent and fully diagnosed, treated, and stabilised.

The Tribunal affirmed the decision under review. It noted, however, that Mr Bushell remained entitled to submit a new application for a disability support pension at any time should his medical conditions change.