Social Security (Australian Government Disaster Recovery Payment) Determination 2010 (No. 1) (Cth)
Social Security (Australian Government Disaster Recovery Payment) Determination 2010 (No. 1)
as amended
made under subsection 1061L(2) of the
Social Security Act 1991
This compilation was prepared on 13 April 2010
taking into account amendments up to Social Security (Australian Government Disaster Recovery Payment) Amendment Determination 2010 (No. 2)
Prepared by the Public Law Branch,
Department of Families, Housing, Community Services and Indigenous Affairs, Canberra
Contents
Page
Name of Determination (see Note 1)................................................. 3
Commencement (see Note 1)............................................................. 3
Definitions....................................................................................... 3
Principal place of residence......................................................... 4
Person taken to be adversely affected by disaster.................... 4
Schedule 1 Major Disaster................................................................................ 5
Schedule 2 Adverse circumstances................................................................. 5
Notes ......................................................................................................... 7
Table of Amendments................................................................................................. 8
1 Name of Determination (see Note 1)
This Determination is the Social Security (Australian Government Disaster Recovery Payment) Determination 2010 (No. 1).
2 Commencement (see Note 1)
This Determination commences on the day it is signed.
3 Definitions
In this Determination:
Act means the Social Security Act 1991.
destroyed in relation to a person’s principal place of residence means a residence has been destroyed as a direct result of the disaster and has been damaged to the extent that it must be demolished.
experienced a utility failure in relation to a person’s principal place of residence means:
(a) the principal place of residence was without electricity, water, gas, sewerage service or another essential service for a period of 48 hours or more; and
(b) the utility failure was a result of damage to public or private infrastructure arising as a direct result of the disaster.
isolated in relation to a person’s principal place of residence means the person was stranded in their principal place of residence for a period of 24 hours or more.
major damage in relation to a person’s principal place of residence means:
(a) at least one-quarter of the interior of the residence has been submerged by flood waters or affected by associated debris; or
(b) the residence has been declared structurally unsound as supported by evidence; or
(c) the residence has been breached, exposing at least one-quarter of the interior of the residence to the elements; or
(d) the interior of the residence has experienced sewerage contamination.
seriously injured in relation to a person means:
(a) the person has sustained an injury or illness; and
(b) either:
(i) the person was admitted to hospital; or
(ii) under normal circumstances, the person required admittance to hospital.
unable to return in relation to a person’s principal place of residence means the person could not access their principal place of residence for a period of 24 hours or more, as supported by evidence.
4 Principal place of residence
In this Determination, a place is to be regarded as the person’s principal place of residence if:
(a) the place is a place in which the person normally resides; and
(b) the person has a right or licence entitling the person to lawfully reside in that place.
5 Person taken to be adversely affected by disaster
For subsection 1061L(2) of the Act, a person is adversely affected by a major disaster mentioned in Schedule 1 if the person is affected in the way mentioned in Schedule 2.
Schedule 1 Major Disaster
The storm damage and associated flooding that began on 1 March 2010 and affected the Banana, Murweh, Maranoa, Quilpie and Western Downs Regional or Shire Council areas of Queensland and continued on to affect other areas of Queensland downstream from the Banana, Murweh, Maranoa, Quilpie and Western Downs Regional or Shire Council areas.
Schedule 2 Adverse circumstances
(section 5)
As a direct result of the major disaster mentioned in Schedule 1:
(a) a person is seriously injured; or
(b) a person’s principal place of residence has been destroyed; or
(c) a person’s principal place of residence has sustained major damage; or
(d) a person is unable to return to their principal place of residence for a period of 24 hours or more; or
(e) a person is isolated in their principal place of residence for a period of 24 hours or more; or
(f) a person’s principal place of residence experienced a utility failure for a period of 48 hours or more; or
(g) where a person (the Principal Carer) is the principal carer of a child (the Dependent Child):
(i) the Dependent Child is seriously injured; or
(ii) the Dependent Child’s principal place of residence has been destroyed; or
(iii) the Dependent Child’s principal place of residence has sustained major damage; or
(iv) the Dependent Child is isolated in their principal place of residence for a period of 24 hours or more; or
(v) the Dependent Child is unable to return to their principal place of residence for a period of 24 hours or more; or
(vi) the Dependent Child’s principal place of residence experienced a utility failure for a period of 48 hours or more.
Notes
Note 1
The Social Security (Australian Government Disaster Recovery Payment) Determination 2010 (No. 2) (in force under subsection 1061L(2) of the Social Security Act 1991) as shown in this compilation is amended as indicated in the Tables below.
Table of Instruments
| Title | Date of FRLI registration | Date of commencement | Application, saving or transitional provisions |
| Social Security (Australian Government Disaster Recovery Payment) Determination 2010 (No. 1) | 4 March 2010 (see F2010L00614) | 4 March 2010 | |
| Social Security (Australian Government Disaster Recovery Payment) Amendment Determination 2010 (No. 1) | 9 March 2010 (see F2010L00645) | 6 March 2010 | — |
| Social Security (Australian Government Disaster Recovery Payment) Amendment Determination 2010 (No. 2) | 13 April 2010 (see F2010L00947) | 8 April 2010 | — |
Table of Amendments
| ad. = added or inserted am. = amended rep. = repealed rs. = repealed and substituted | |
| Provision affected | How affected |
| Schedule 1.............................. | rs. 2010 F2010L00645; |
| Schedule 1.............................. | rs. 2010 F2010L00947; |
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