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

This matter concerned an appeal by Mr Sisalem against a decision by the Secretary of the Department of Social Services regarding his eligibility for a disability support pension. The core of the dispute revolved around the extent of functional impairment Mr Sisalem suffered due to his diagnosed mental health condition, specifically Post-Traumatic Stress Disorder (PTSD), depression, and anxiety, when assessed against the criteria in Table 5 of the Impairment Tables. The proceedings were heard by A Poljak SM.

The legal issues before the court were to determine the level of functional impairment Mr Sisalem experienced as a result of his mental health condition, having regard to the specific criteria outlined in Table 5 of the Impairment Tables. These criteria encompass various aspects of daily functioning, including self-care and independent living, social and recreational activities, interpersonal relationships, concentration and task completion, behaviour, planning and decision-making, and work or training capacity. The court was required to assess whether this impairment prevented Mr Sisalem from undertaking work independently of a support program and whether any potential training activity would likely lead to independent work within a two-year timeframe.

The court accepted that Mr Sisalem's mental health condition was fully diagnosed, treated, and stabilised during the relevant period, supported by extensive medical evidence from psychologists and a clinical psychologist. This evidence indicated chronic and severe symptoms of PTSD, depression, and anxiety, with a prognosis that the condition was unlikely to resolve spontaneously and required long-term assistance. The court found that Mr Sisalem's condition caused significant functional difficulties, impacting his concentration, information processing, memory, planning, organisation, and ability to meet deadlines. Consequently, the court concluded that Mr Sisalem's mental health condition resulted in severe impairment, rating 20 points under a single table of the Impairment Tables, and that he had a continuing inability to work independently of a support program.

The court set aside the decision under review and found that Mr Sisalem qualified for the disability support pension as at 1 April 2016, satisfying the requirements of section 94(1) of the Act.