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

This matter concerned an appeal by Mrs Kouriefs against a decision of the Secretary, Department of Social Services, regarding her eligibility for a disability support pension (DSP). The appeal was heard by A Poljak SM. The central dispute revolved around whether Mrs Kouriefs met the criteria for a DSP, particularly concerning the assessment of her impairments and her overall level of disability.

The court was required to determine two primary legal issues. Firstly, whether Mrs Kouriefs' mental health condition was "fully diagnosed" as required by the Impairment Tables, which are used to assess eligibility for a DSP. Secondly, the court had to determine whether Mrs Kouriefs was "severely disabled" for the purposes of an international agreement governing her entitlement to the DSP.

In relation to the diagnosis of her mental health condition, the court noted that the Introduction to Table 5 of the Impairment Tables requires a diagnosis to be made by an appropriately qualified medical practitioner, with evidence from a clinical psychologist if the diagnosis is not made by a psychiatrist. As there was no report from a psychiatrist or clinical psychologist diagnosing Mrs Kouriefs' condition before the court, it could not be satisfied that the condition was fully diagnosed. Regarding the severity of her disability, the court considered an Employment Services Assessment Report which indicated a work capacity of 15 to 29 hours per week, and a medical decision assessing her work capacity at 30+ hours per week. Based on this evidence, the court was satisfied that Mrs Kouriefs could work for at least 15 hours per week, and therefore was not "severely disabled" as defined by the relevant Act and agreement. Consequently, the decision under review was affirmed.