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

This matter concerned an appeal by Mr Christopher Noall against a decision by the Secretary of the Department of Social Services. Mr Noall had ceased working in physically demanding industries due to significant injuries sustained in a mining accident in 1988 and subsequent chronic health conditions. The core of the dispute revolved around whether Mr Noall met the criteria for an exemption from participating in a program of support, specifically concerning his capacity to find, gain, or remain in work.

The Administrative Appeals Tribunal (AAT) was required to determine if Mr Noall's medical conditions, including widespread osteoarthrosis and severe chronic pulmonary disease, resulted in an impairment rating of 20 or more points, as defined by the relevant Impairment Tables. This determination was crucial for establishing whether he was exempt from the requirement to participate in a program of support under the Social Security Act 1991. The Tribunal also considered the interaction of his various physical limitations and whether a compartmentalised assessment of his impairments accurately reflected his overall functional capacity.

The Tribunal found that Mr Noall clearly satisfied the criteria for an exemption due to his well-documented, widespread osteoarthrosis and severe chronic pulmonary disease. While the osteoarthrosis affected multiple body parts, the Tribunal noted that no single system attracted a 20-point rating. However, it reasoned that a compartmentalised assessment did not accurately reflect the combined impact of his injuries, particularly the interaction between his hand and leg conditions, which necessitated the use of a walking stick but were hindered by hand arthritis. The Tribunal considered Dr Glasman's assessment of 20 points for osteoarthritis to be more realistic than a piecemeal multi-table assessment. Furthermore, Mr Noall's pulmonary disease was documented as progressively deteriorating and unresponsive to treatment, despite some variation in lung function test results.

The Tribunal concluded that Mr Noall met the threshold for an impairment rating of 20 or more points, thereby exempting him from the requirement to participate in a program of support.