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

The Administrative Appeals Tribunal, through Deputy Ian Hanger AM QC, considered an appeal by Mr Connor against a decision by the Secretary of the Department of Social Services concerning his eligibility for a disability support pension. The core of the dispute revolved around whether Mr Connor's various medical conditions, including a wrist condition, knee condition, back condition, and psychiatric condition (post-traumatic stress disorder), constituted a sufficient level of impairment to qualify for the pension during the relevant qualification period.

The Tribunal was required to determine whether Mr Connor's impairments, when assessed against the relevant impairment tables, reached the threshold of at least 20 points. Furthermore, the Tribunal had to consider Mr Connor's submissions that he was being discriminated against contrary to the provisions of the Disability Discrimination Act 1992 (Cth) and the Universal Declaration of Human Rights.

Deputy Hanger AM QC reasoned that Mr Connor did not meet the required 20-point impairment threshold during the qualification period. Regarding the discrimination claims, the Tribunal noted that while the Disability Discrimination Act and the Universal Declaration prohibit discrimination, Australia's compliance with its international obligations was primarily achieved through its social security legislation. Crucially, the Tribunal found that subsection 51(1)(d) of the Disability Discrimination Act contains a specific exemption that renders the Act inapplicable to situations governed by the Social Security Act 1991 (Cth). Therefore, the Tribunal concluded that the Disability Discrimination Act did not apply to Mr Connor's circumstances, and section 94 of the Social Security Act remained the operative provision.

The decision under review was affirmed.