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

This matter concerned an appeal by the applicant, Mr Nedeljkovic, against a decision of the Secretary of the Department of Social Services to affirm a decision to cancel his disability support pension. The Administrative Appeals Tribunal (AAT) was required to determine whether the decision under review should be affirmed.

The primary legal issue before the Tribunal was whether the applicant had established that he had a relevant impairment that prevented him from working. The Tribunal also had to consider the implications of the applicant's termination of the hearing.

The Senior Member noted that the applicant had been given ample opportunity to present his case and had been informed of the consequences of failing to do so. The applicant's decision to terminate the hearing meant that he had not discharged his onus of proof to demonstrate that he met the criteria for a disability support pension. Consequently, the Tribunal affirmed the decision under review.