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

The Administrative Appeals Tribunal considered the appeal of Mrs Sudak against the decision of the Secretary, Department of Social Services to cancel her Disability Support Pension (DSP). The cancellation arose from Mrs Sudak's absence from Australia for a period exceeding thirteen weeks, which is generally grounds for cancellation under social security law.

The primary legal issue before the Tribunal was whether Mrs Sudak qualified for an extension of the thirteen-week portability period for her DSP. This involved an examination of the relevant legislative provisions concerning portability and the circumstances under which an extension might be granted, particularly in light of any applicable international agreements. The Tribunal also considered whether any discretionary exceptions to the portability rules were applicable in Mrs Sudak's circumstances.

The Tribunal affirmed the decision to cancel the DSP. It found that the exceptions to the portability rules, including those potentially arising from the International Agreement between Australia and Poland, were not applicable in this instance. The Tribunal noted that Mrs Sudak's absence was due to her permanent relocation to Poland and that her medical eligibility for the DSP had not been questioned. The Tribunal directed that written reasons for its decision be provided to the parties.