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

This matter concerned an appeal by the applicant against a decision of the Secretary, Department of Social Services, regarding his eligibility for the Disability Support Pension (DSP). The Administrative Appeals Tribunal (AAT) was required to determine whether the applicant's medical conditions attracted sufficient impairment points under the Social Security Act 1991 and the Social Security (Tables for Assessment of Work-related Impairment for DSP) Determination 2011 to qualify for the DSP.

The primary legal issues before the Tribunal were whether the applicant's physical and psychological conditions met the criteria for permanent impairment as defined by the relevant legislation and Impairment Tables. Specifically, the Tribunal had to consider the permanency of the applicant's back condition, despite a lengthy waiting period for neurosurgical assessment, and the impact of his depressive symptoms, which he initially downplayed but later provided evidence for. The Tribunal also had to assess whether any recommended treatments were reasonably accessible or available to the applicant.

The Tribunal considered evidence including the applicant's oral testimony regarding his functional limitations due to his back condition, his inability to access timely neurosurgical treatment, and his history of psychological treatment. The Tribunal noted the applicant's initial statement that he was not relying on his psychological condition but subsequently directed the parties to file additional evidence concerning his depressive condition during the qualification period. This evidence included reports from a psychologist and a psychiatrist, which indicated a diagnosis of depression and adjustment disorder with likely ongoing symptoms. The Tribunal also considered documentary evidence regarding the applicant's ongoing wait for neurosurgical review and his interactions with Centrelink.

Following the receipt and consideration of further evidence, the Tribunal was to make a determination on the applicant's eligibility for the DSP based on the assessed level of work-related impairment.