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

This matter concerned an appeal by the Secretary of the Department of Social Services against a decision of the Administrative Appeals Tribunal regarding Mr Dunn's eligibility for a disability support pension. The core of the dispute revolved around whether Mr Dunn had actively participated in a program of support as required by the relevant social security legislation.

The primary legal issue before the Tribunal was to determine whether Mr Dunn met the criteria for a disability support pension, specifically concerning his continuing inability to work and his engagement with a program of support. This required an assessment of his participation and the effectiveness of any support provided to him.

The Tribunal's reasoning, as indicated by the outcome, suggests a finding that Mr Dunn did not satisfy the legislative requirements for the pension. The decision under review was ultimately set aside and substituted with a determination that Mr Dunn was not qualified for the disability support pension as at his claim date of 2 April 2013, nor within the subsequent 13 weeks.