Article 12(4) of the Agreement on Social Security between Australia and New Zealand operates not merely as a gateway to making a claim for a disability support pension but also satisfies the residence qualification for that pension. A person who has accumulated an aggregate of more than 10 years of residence in Australia and/or New Zealand is entitled to a disability support pension (subject to satisfying article 2(2) and other non-overridden requirements), and the 10-year qualifying Australian residence requirement in s 94(1)(e)(ii) of the Social Security Act 1991 (Cth) is overridden by virtue of s 6 of the International Agreements Act.
The full text is available to signed-in members, including the 5 later cases that cite this judgment.
3 of the 5 citing cases carry a classified treatment. How each court treated it is available to signed-in members.