Social Security (Australian Government Disaster Recovery Payment) Determination 2011 (No. 5) (Cth)

Social Security (Australian Government Disaster Recovery Payment) Determination 2011 (No. 5)

as amended

made under subsection 1061L (2) of the

Social Security Act 1991

This compilation was prepared on 8 April 2011
taking into account amendments up to Social Security (Australian Government Disaster Recovery Payment) Amendment Determination 2011 (No. 1)

Prepared by the Office of Legislative Drafting and Publishing,
Attorney‑General’s Department, Canberra

Contents

1Name of Determination [see Note 1]   3

2Commencement [see Note 1]   3

3Definitions   3

4Person adversely affected by a major disaster   4

Schedule 1Major disasters   5

Schedule 2Circumstances in which person adversely affected   6

Notes 7

1. Name of Determination [see Note 1]

This Determination is the Social Security (Australian Government Disaster Recovery Payment) Determination 2011 (No. 5).

1. Commencement [see Note 1]

This Determination commences on the day after it is registered.

1. Definitions

(1)   In this Determination:

Act means the Social Security Act 1991.

destroyed, for a place of residence, includes a residence damaged to the extent that it must be demolished.

immediate family member, of a person, means:

(a)    the person’s partner; or

(b)    the person’s natural child, adoptive child or stepchild; or

(c)    the person’s natural parent, adoptive parent or step‑parent; or

(d)    the person’s legal guardian; or

(e)    the person’s brother, sister, stepbrother or stepsister.

Note   This term is used in a different sense to that used in the Act.

major damage, for a residence, means:

(a)    damage to at least a quarter of the interior of the residence; or

(b)    that the residence is structurally unsound; or

(c)    damage to the residence that exposes at least a quarter of the interior of the residence to the elements.

seriously injured, for a person, means:

(a)    the person has sustained an injury; and

(b)    because of the injury:

(i)    the person was admitted to hospital; or

(ii)    under normal circumstances, the person would have been admitted to hospital.

utility includes water, electricity, gas and sewerage.

(2)   In this Determination, a place of residence is a person’s principal place of residence if the person:

(a)    normally resides at the place; and

(b)    has a lawful right to reside at the place.

1. Person adversely affected by a major 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 a way mentioned in Schedule 2.

Note   Subsection 36 (1) of the Social Security Act 1991 allows the Minister to determine, in writing, that an event is a major disaster that has such significant impact on individuals that a government response is required.

Schedule 1        Major disasters

(section 4)

(1)   The bushfire in the Waroona Local Government Area of the State of Western Australia that started on 10 January 2011.

(2)   The bushfires in the surrounding areas of Perth in the State of Western Australia that started on 5 February 2011 and continued during February 2011.

Schedule 2        Circumstances in which person adversely affected

(section 4)

A person is adversely affected by a major disaster mentioned in Schedule 1 if:

(a)    as a direct result of the disaster:

(i)    the person is seriously injured; or

(ii)    the person is an immediate family member of an Australian who is killed; or

(iii)    the person’s principal place of residence has been destroyed or has sustained major damage; or

(iv)    the person is unable to gain access to his or her principal place of residence for at least 24 hours; or

(b)    as a result of the disaster, the person’s principal place of residence experiences utility failure for at least 48 hours; or

(c)    the person is the principal carer of a child to whom paragraph (a) or (b) applies.

Notes to the Social Security (Australian Government Disaster Recovery Payment) Determination 2011 (No. 5)

Note 1

The Social Security (Australian Government Disaster Recovery Payment) Determination 2011 (No. 5) (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 2011 (No. 5)	11 Feb 2011 (see F2011L00242)	12 Feb 2011
Social Security (Australian Government Disaster Recovery Payment) Amendment Determination 2011 (No. 1)	8 Apr 2011 (see F2011L00592)	8 Apr 2011	—

Table of Amendments

ad. = added or inserted      am. = amended      rep. = repealed      rs. = repealed and substituted
Provision affected	How affected
Schedule 1
Schedule 1...........................	rs. 2011 No. 1