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

This matter concerned an appeal by Mr Ong against a decision by the Secretary of the Department of Social Services to suspend and cancel his Disability Support Pension (DSP) after his absence from Australia exceeded the maximum portability period. The applicant contended that his inability to return to Australia within the prescribed timeframe was due to illness.

The primary legal issues before the Tribunal were whether the applicant was entitled to an extended portability period for his DSP, and if not, whether the Secretary should have exercised discretion to extend this period. Specifically, the Tribunal had to determine if the applicant suffered from a "serious illness" that prevented his return to Australia, and if the medical events occurring during his absence qualified for an extension of the standard 28-day portability limit.

The Tribunal considered the evidence presented, including medical documents from Vietnam. It noted that while the applicant claimed to have experienced chest pain and breathing difficulties, the initial medical documentation from 11 March 2015 indicated treatment for male sterility issues, with normal findings for his heart and lungs. Chest pain was only documented later, on 13 April 2015, and the applicant's assertions of hospitalisation were not supported by written medical evidence. The Tribunal found that sterility testing was the only medical event occurring within the initial portability period. Applying the ordinary meaning of "serious illness" in the context of the Social Security Act, which implies an extreme or emergency situation preventing return, and referencing the Social Security Guide, the Tribunal concluded that the applicant had not demonstrated a serious illness that prevented his return to Australia within the portability period.

Consequently, the Tribunal affirmed the decision under review, finding that the maximum portability period was not extended and the discretion to do so was not exercised in the applicant's favour.