Tisdell v Secretary, Department of Social Services [2017] FCA 351

FEDERAL COURT OF AUSTRALIA

Tisdell v Secretary, Department of Social Services [2017] FCA 351 Appeal from: Mark Tisdell and Secretary, Department of Social Services [2016] AATA 762

File number: NSD 1889 of 2016

Judge: ROBERTSON J

Date of judgment: 11 April 2017

Catchwords: SOCIAL SECURITY – appeal on a question of law from decision of the Administrative Appeals Tribunal (Tribunal) – disability support pension – whether the applicant's impairment was of 20 points or more under the Impairment Tables in the Social Security (Tables for the Assessment of Work-related Impairment for Disability Support Pension) Determination 2011 (Cth) – whether conditions causing the impairment were permanent – whether applicant's condition of post-traumatic stress disorder (PTSD) permanent – whether the condition of PTSD fully treated – whether the condition of PTSD fully stabilised – whether applicant had undertaken reasonable treatment for the condition of PTSD – whether applicant's condition of depression permanent – whether the condition of depression fully treated – whether the condition of depression fully stabilised – whether applicant had undertaken reasonable treatment for the condition of depression – whether errors of law on the part of the Tribunal – whether decision of Tribunal legally unreasonable

Legislation: Administrative Appeals Tribunal Act 1975 (Cth) s 44 Social Security Act 1991 (Cth) ss 23, 26, 94 Social Security (Tables for the Assessment of Work-related Impairment for Disability Support Pension) Determination 2011 (Cth) ss 3, 6, 7

Cases cited: Haritos v Commissioner of Taxation [2015] FCAFC 92; 233 FCR 315