May 2020

The Review includes news about the AAT and summaries of a selection of our published decisions.

Previous issues of The Review are available on our website. 

Doing things differently due to COVID-19

The Administrative Appeals Tribunal (AAT), like courts and tribunals around the world, is continuing to deliver services without the need for our members and staff to be onsite, or for people to visit in-person. We can answer most enquiries using our online services and, due to a very swift rollout of technological solutions, can even undertake hearings and conferences remotely. This means we can progress cases, while adhering to social distancing requirements.

We have put a range of special practice directions and other temporary measures in place to help deliver our essential services, and are continuously updating our website to provide more information for practitioners and parties.

Assessing impairment for the Disability Support Pension

This month, we have summarised some of our recent cases involving reviews of Disability Support Pension (DSP) decisions. These types of decisions involve the decision-maker making an assessment according to criteria laid out in legislated impairment tables.[1]

In these types of cases, the AAT must consider the following factors:

• Whether the medical condition is permanent, that is, fully diagnosed, fully treated and fully stabilised.
• Whether the applicant has a medical condition that gives them 20 points under the impairment tables.
• How much the medical condition affects the applicant’s ability to work or train.
• Whether the applicant meet other rules, including rules about programs of support, residence, other income and assets.

Centrelink provides the AAT and the applicant (or their representative) with the reasons for their decision and all relevant departmental documents. The applicant can also provide additional medical evidence to the Tribunal from their doctors, but it should be relevant to the dates the applicant was rejected for DSP.

The AAT can only review DSP decisions that have been reviewed by an Authorised Review Officer (ARO) within Centrelink. There are two levels of review at the AAT. If the applicant disagrees with the outcome of the AAT’s Social Services and Child Support Division’s (SSCSD) first review, the applicant can apply for a second review by the General Division.

If the AAT assesses that the applicant's total impairment rating is less than 20 points, the applicant will not be eligible for a DSP. This is why we must consider eligibility with reference to the impairment tables.

More information about the DSP review process is available on our website.

[1] Social Security (Tables for the Assessment of Work-related Impairment for Disability Support Pension) Determination 2011.

Chilton and Secretary, Department of Social Services (Social services second review) [2020] AATA 130 (6 February 2020)

An applicant who had previously received a disability support pension, but was disqualified because of her financial position, reapplied after her finances and health deteriorated.

Jansen and Secretary, Department of Social Services (Social services second review) [2020] AATA 134 (4 February 2020)

In this decision, the applicant request a review of their disability support pension rejection based on their permanent impairment.

Our staff produce decision summaries for a selection of AAT decisions that have been published in full on the AustLII website. We use these summaries to offer an insight into our decision-making processes and to demonstrate the diversity of our work. For the complete facts and reasons, please view the full written decisions on AustLII. View our recent decision summaries below.

General

Stanbury and Repatriation Commission (Veterans' entitlements) [2020] AATA 285 (24 February 2020)

In this decision, the AAT had to decide if the applicant was a member of the Defence force for the period he was applying for disability pension.

Siddons and Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs (Citizenship) [2020] AATA 177 (14 February 2020)

The AAT considered if extensive traffic related offences were a basis for finding a person was not of good character.

Migration and refugee

Chao (Migration) [2020] AATA 181 (3 February 2020)

The AAT affirmed the decision to cancel the applicant’s visa because they had made false statements in an earlier visa application.

Durante (Migration) [2020] AATA 262 (4 February 2020)

The Tribunal examined the nature of the applicant’s relationship to determine if a partner visa application should have been granted by the Department.

1612610 (Refugee) [2020] AATA 179 (3 January 2020)

The Tribunal affirmed a decision to not grant a protection visa based on medical reports, but made a recommendation for ministerial intervention on compassionate grounds.

1813689 (Refugee) [2020] AATA 348 (31 January 2020)

The Tribunal reviewed whether the applicant’s visa should be cancelled because of incorrect and incomplete information provided in their protection visa application.

APR Healthcare Services Pty Ltd (Migration) [2020] AATA 263 (5 February 2020)

In this decision, the AAT assessed whether there was a need for a nominated position and whether the employer nomination application should have been approved by the Department.

Hansen (Migration) [2020] AATA 234 (6 February 2020)

The AAT considered if the applicant in this case met the requirements for a distinguished talent visa.

Social Services and Child Support

Kingston and Child Support Registrar (Child support) [2020] AATA 270 (14 January 2020)

In making this decision, the AAT had to consider the percentage of care for only the youngest of the former couple’s three children.

The AAT Bulletin is a weekly publication containing information about recently published decisions and appeals against decisions in the AAT’s General, Freedom of Information, National Disability Insurance Scheme, Security, Taxation & Commercial and Veterans’ Appeals Divisions. The Bulletin also regularly includes a sample of decisions recently published in the AAT’s Migration & Refugee Division and Social Services & Child Support Division. 

What do you think?

Write to us at Communications@aat.gov.au to provide editorial suggestions and feedback.