Secretary, Department of Social Services v Doherty

The appeal in Secretary, Department of Social Services v Doherty concerns the eligibility of Mr Doherty for a disability support pension (DSP). Mr Doherty, who suffers from diabetes and its complications, including Charcot disease, sought DSP for his foot condition. The Secretary of the Department of Social Services appealed the Administrative Appeals Tribunal's (AAT) decision that Mr Doherty was eligible for DSP on the basis that the Tribunal had misinterpreted the term "assistance" in Table 3 of the Impairment Tables in the Social Security (Tables for the Assessment of Work-related Impairment for Disability Support Pension) Determination 2011 (Cth). The Secretary argued that the Tribunal incorrectly interpreted "assistance" to include physical aids, not just assistance from another person, and that this misconstruction led to an incorrect determination of Mr Doherty's impairment rating.

The primary legal issue before the court was whether the Tribunal had erred in law by interpreting the term "assistance" in Table 3 of the Impairment Tables to include assistance from physical aids, such as wheelchairs or walking frames, in addition to assistance from another person. The Secretary contended that "assistance" was limited to mobility assistance from another person, while the respondent argued that the Tribunal's interpretation was correct. The court also had to consider whether the Tribunal's alternative findings provided a sufficient basis for its decision.

The court found that the Tribunal had indeed erred in its interpretation of "assistance" by including assistance from physical aids, which led to an incorrect assessment of Mr Doherty's impairment rating. The court held that the Tribunal's decision was based on a misinterpretation of the Determination and, as a result, the decision was set aside. The matter was remitted to the AAT to be heard and determined according to law, differently constituted.

The final orders of the court were that the appeal under section 44 of the Administrative Appeals Tribunal Act 1975 (Cth) be allowed, the decision of the General Division of the AAT be set aside, and the matter be remitted to the AAT to be heard and determined according to law. The court also noted that unless a party notified the court in writing by a specified date, there would be no order as to the costs of the proceeding.