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

This matter concerned an application for review of a decision by the Secretary, Department of Social Services, regarding the commencement date of the applicant's Disability Support Pension (DSP). The applicant contended that he should have been granted the DSP from 19 September 2006, rather than the date he was granted the Newstart allowance. The core of the applicant's argument was that a decision made on 11 July 2006, which applied an impairment rating of zero to his medical conditions, was a reviewable decision, and that he had sought a review of this decision in a telephone call with a customer service officer on 5 September 2006. The Administrative Appeals Tribunal (AAT) was required to determine whether it had jurisdiction to hear the application.

The primary legal issue before the Tribunal was whether the telephone conversation on 5 September 2006 constituted a valid application for review of a decision under the relevant provisions of the Social Security Act 1991 (Cth). Specifically, the Tribunal had to consider whether the applicant's interaction with the customer service officer amounted to a request for review of the 11 July 2006 decision, or any other decision, that would trigger the Tribunal's jurisdiction.

The Tribunal found that it did not have jurisdiction to entertain the application. It reasoned that the notes from the 5 September 2006 telephone conversation did not contain any reference to the Impairment Tables, the applicant's dissatisfaction with an impairment rating of zero, or the DSP. The Tribunal concluded that the conversation, as recorded, did not amount to an application for review within the meaning of section 129 of the Act, nor did it indicate any dissatisfaction with a decision that would be reviewable under Part 4 or Part 4A of the Act. Therefore, as there was no reviewable decision or application for review, the Tribunal lacked jurisdiction.