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

This matter concerned an appeal by Ms Petojevic against a decision of the Administrative Appeals Tribunal (AAT1) which affirmed the rejection of her application for a Disability Support Pension (DSP). The delegate of the Secretary of the Department of Social Services had initially rejected her application, a decision subsequently affirmed by an Authorised Review Officer. Ms Petojevic's appeal to the AAT1 was also unsuccessful, leading to the present review by the General Division of the Administrative Appeals Tribunal.

The primary legal issue before the Tribunal was whether Ms Petojevic qualified for a DSP during the relevant qualification period, which commenced on the date of her claim and extended for 13 weeks thereafter. To qualify for a DSP, an applicant must have a physical, intellectual, or psychiatric impairment that rates at least 20 points under the Impairment Tables. Crucially, only medical conditions that are permanent, fully diagnosed, fully treated, and fully stabilised, and likely to persist for at least two years, can be assigned points under these tables. Furthermore, the applicant must demonstrate a continuing inability to work, either through a severe impairment or by actively participating in a program of support.

The Tribunal found that while Ms Petojevic had established a physical, intellectual, or psychiatric impairment, she had not met the criteria for assigning an impairment rating under the Impairment Tables. Specifically, regarding her mental health conditions, including adjustment disorder with mixed depression and anxiety, the Tribunal noted that she had not taken prescribed medication or undertaken recommended psychological treatment. Consequently, an impairment rating could not be assigned. Similarly, for her physical condition of arthritis, there was insufficient evidence to assign an impairment rating, with self-reports alone being inadequate. The Tribunal affirmed the decision under review.