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

This matter concerned an application for a disability support pension by the applicant, Piper, against the Secretary of the Department of Social Services. The core dispute revolved around whether the applicant's physical, intellectual, or psychiatric impairments met the criteria for the pension, specifically whether these impairments attracted 20 or more points under the relevant Impairment Tables. The decision was made by A Poljak SM.

The legal issues before the court were whether the applicant had physical, intellectual, or psychiatric impairments, whether these conditions were fully diagnosed, treated, and stabilised during the relevant period, and if so, whether the impairments attracted 20 or more points under the Impairment Tables. The court was required to assess the evidence presented, including medical reports and certificates, against the requirements of the Impairment Tables, particularly the introductory provisions concerning diagnosis by appropriately qualified medical practitioners and evidence from clinical psychologists or psychiatrists.

The SM found that the applicant's reported conditions of "stress" and "anxiety" were not supported by a diagnosis from a clinical psychologist or psychiatrist during the relevant period. While a report from Dr Scannell, a health psychologist, indicated high levels of anxiety, depression, and possible post-traumatic stress disorder, her registration did not endorse her as a clinical psychologist. A later report from a clinical psychologist, Ms Hodges, was considered of little assistance as it fell outside the relevant period and appeared to relate to a surgery undertaken after that period. Similarly, the applicant's cerebral aneurysm condition was not considered fully treated and stabilised within the relevant period, as the operation occurred well after this time and further treatment was ongoing. Consequently, the court was unable to assign any impairment rating for these conditions.

As the applicant's conditions did not attract 20 or more points under the Impairment Tables, the court concluded that her claim for a disability support pension could not succeed. The decision under review was affirmed. The applicant was advised that she could reapply for the pension at any time, particularly once her conditions were fully treated and stabilised.