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

This matter concerned an appeal by Mr Campara against a decision by the Secretary of the Department of Social Services to refuse him a disability support pension. The dispute centred on whether Mr Campara met the qualification criteria for the pension, specifically the residency requirements and the severity of his impairments. The case was heard by Mrs J C Kelly, Senior Member.

The legal issues before the Tribunal were whether Mr Campara had a physical, intellectual, or psychiatric impairment that attracted a rating of at least 20 points under the Impairment Tables, as required by s 94(1)(b) of the Social Security Act 1991. This involved determining if his conditions were fully diagnosed, treated, and stabilised, and whether he had undertaken reasonable treatment. The Tribunal also considered whether Mr Campara was deemed an Australian resident under the Italian Agreement during the qualification period, although this point became secondary to the impairment assessment.

The Tribunal reasoned that while Mr Campara suffered from myocardial infarction and hypertension, these conditions were fully diagnosed, treated, and stabilised, and attracted a rating of 10 points under Table 1. However, his fibromyalgia and obstructive sleep apnoea were not considered fully treated and stabilised, as he had not undertaken reasonable treatment for them. The Tribunal outlined the criteria for "permanent condition" and "reasonable treatment" under the Act, emphasising that an impairment rating could only be assigned if a condition was fully diagnosed, treated, and stabilised, and that symptoms could only be taken into account with corroborating evidence. Given these findings, Mr Campara's impairments attracted a total rating of 10 points, falling short of the required 20 points.

Consequently, the Tribunal affirmed the reviewable decision, finding that Mr Campara did not satisfy the requirements for a disability support pension.