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

This matter concerned an appeal by the Secretary, Department of Social Services, against a decision of the Social Services Second Review Tribunal. The dispute centred on the eligibility of the respondent for a Disability Support Pension (DSP) under section 94 of the *Social Security Act 1991* (Cth). The core of the eligibility assessment involved evaluating the respondent's physical and psychiatric impairments against the Impairment Tables.

The primary legal issue before the Tribunal was whether the respondent's conditions met the criteria for a DSP, specifically whether her impairments were permanent and whether they reached the threshold of 20 points or more under Table 5 of the Impairment Tables, which relates to mental health function. A further consideration was whether the respondent had a continuing inability to work. The Tribunal also had to determine whether to grant the respondent's late request for an adjournment of the hearing.

Deputy President McDermott Rfd P refused the respondent's application for an adjournment, noting previous adjournments and the respondent's agreement to the hearing date. The Tribunal found the reasons for the adjournment request, including Cyclone Debbie and school holidays, unconvincing, particularly as the respondent had been able to communicate on 18 April 2017. The medical certificate provided on the morning of the hearing was deemed insufficient as it did not detail the nature of the medical condition preventing attendance, a requirement emphasised in Federal Court decisions. The Tribunal considered the costs incurred by the applicant in preparing for the hearing.

Ultimately, the Tribunal set aside the reviewable decision of 3 September 2015. It substituted a decision that the respondent did not qualify for a DSP on 13 January 2015, nor within the subsequent 13-week period.