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

This matter concerned an application by Mr Sammy Zirilli for a review of a decision affirming the respondent Department's refusal to grant him a disability support pension (DSP). Mr Zirilli sought the DSP based on impairments arising from Post-traumatic Stress Disorder (PTSD) and depressive anxiety, which he attributed to assaults suffered during a period of imprisonment. The review was heard afresh by N A Manetta SM.

The primary legal issue before the court was whether Mr Zirilli's medical conditions, specifically his PTSD and resultant depressive anxiety, were fully diagnosed, fully treated, and fully stabilised at the time of his DSP claim or within 13 weeks thereafter. This was a prerequisite for considering any impairments arising from these conditions in the assessment of his eligibility for a DSP, as stipulated by section 6 of the Social Security (Tables for the Assessment of Work-related Impairment for Disability Support Pension) Determination 2011.

The court reasoned that Mr Zirilli's PTSD and depressive anxiety had not been fully treated at the relevant time. Consequently, any impairments currently arising from these conditions, regardless of their severity, could not be considered in the assessment of his eligibility for a DSP. The court noted that the degree of current impairment was also not supported by detailed corroborating evidence. Based on this conclusion, the court found it unnecessary to consider whether Mr Zirilli would have otherwise qualified for the requisite points under the Impairment Tables. The decision under review was affirmed.