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

This matter concerned an application for a Disability Support Pension (DSP) by Mr Govedarica against the Secretary, Department of Social Services. The core dispute revolved around whether Mr Govedarica's various medical conditions, including a spinal condition, a mental health condition, and the amputation of four fingers on his right hand, qualified him for the DSP. The case was heard by Ms Anna Burke Ao M.

The legal issues before the court were whether Mr Govedarica suffered from a physical, intellectual, or psychiatric impairment; whether these conditions were fully diagnosed, treated, and stabilised and likely to continue for at least two years; whether his conditions attracted a rating of 20 points or more under the relevant Impairment Tables; and whether he had a continuing inability to work. A further consideration was whether he had met the program of support requirements.

The Tribunal found that Mr Govedarica did suffer from impairments, satisfying the first limb of the eligibility criteria. Crucially, the Tribunal determined that his conditions, when assessed against the Impairment Tables, attracted the requisite 20 points. The Tribunal also found that he had a continuing inability to work. The Tribunal set aside the previous decision and substituted a determination that Mr Govedarica was qualified for the DSP as at the date of his claim.