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

This matter concerned an application by Mr Vaughan Girouard for a further extension of the portability of his Disability Support Pension, having resided in the Philippines. The Secretary, Department of Social Services, opposed the application. The decision was made by Member Lee Benjamin of the Administrative Appeals Tribunal.

The primary legal issue before the Tribunal was whether Mr Girouard qualified for an extension of his Disability Support Pension portability under the relevant legislation, specifically whether he suffered a serious illness or if there were other grounds to exercise discretion in his favour. The Tribunal also considered whether political and social unrest in the Philippines, as indicated by a "do not travel" alert, prevented Mr Girouard from returning to Australia.

The Tribunal found that Mr Girouard did not suffer a serious illness for the purposes of the legislation. While a "do not travel" alert for the Philippines was noted, the Tribunal was not satisfied that this alert, or the underlying political and social unrest, prevented Mr Girouard from returning to Australia during the relevant period. Consequently, the Tribunal concluded that there was no basis to exercise its discretion to extend the portability of the Disability Support Pension.

The Tribunal affirmed the decision of the Social Services and Child Support Division of the Administrative Appeals Tribunal, refusing Mr Girouard's application for a further extension of his Disability Support Pension portability.