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

This matter concerned a review by the Administrative Appeals Tribunal of a decision affirming Services Australia's refusal of the Applicant's claim for a Disability Support Pension (DSP). The Applicant's claim was based on diagnoses of major depression and post-traumatic stress disorder (PTSD).

The primary legal issue before the Tribunal was whether the Applicant's conditions met the criteria for a DSP, specifically whether they were fully diagnosed, treated, and stabilised during the qualification period, and likely to persist for more than two years. This required consideration of whether the diagnoses were made by an appropriately qualified medical practitioner, as stipulated by the Social Security Act 1991 and the relevant Impairment Tables.

The Tribunal reasoned that to qualify for a DSP, an applicant's impairment must be fully diagnosed by an appropriately qualified medical practitioner, fully treated, and fully stabilised during the qualification period. While the Applicant's general practitioner had provided certificates diagnosing major depression and PTSD and indicating treatment, the Tribunal noted that these diagnoses were not made by a psychiatrist or clinical psychologist, who are considered appropriately qualified practitioners for such conditions. Despite being granted an adjournment to obtain such a diagnosis, the Applicant was unable to do so. Consequently, the Tribunal found that the condition was not fully diagnosed by an appropriately qualified medical practitioner during the qualification period, and therefore the Applicant did not satisfy the requirements for a DSP.