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

This matter concerned an appeal by Ms Milovanovic against a decision by the Secretary, Department of Social Services, to cancel her Disability Support Pension. The central dispute was whether Ms Milovanovic’s impairment, as at the date of cancellation, met the threshold of 20 points or more under the Impairment Tables and whether she had a continuing inability to work. The Administrative Appeals Tribunal was required to determine these questions of fact.

The legal issues before the Tribunal were whether Ms Milovanovic’s mental health condition was fully treated and stabilised as at 17 July 2019, and if so, whether her impairment rating under the Impairment Tables was 20 points or more, thereby qualifying her for the Disability Support Pension. The Tribunal also had to consider the reliability of the evidence presented, particularly concerning Ms Milovanovic's functional capacity and the impact of her treatment.

The Tribunal found that Ms Milovanovic had a chronic mental health condition that had been ongoing for at least 10 years, with various diagnoses over time. Crucially, the Tribunal determined that her condition was fully treated and stabilised as at 17 July 2019, applying the criteria in subsections 6(5) and 6(6) of the Impairment Determination. This conclusion was based on the finding that she was undertaking reasonable treatment that was accessible and affordable, and that there was no convincing evidence that proposed further treatment was likely to result in substantial functional improvement. The Tribunal noted that the proposed treatment was not reasonably accessible or affordable to Ms Milovanovic at that time.

The Tribunal set aside the decision to cancel the Disability Support Pension and substituted a new decision. It found that Ms Milovanovic’s impairment was 20 points or more under the Impairment Tables, and therefore she was qualified for the Disability Support Pension as at 17 July 2019.