Social Security (Australian Government Disaster Recovery Payment) Determination 2015 (No. 5) (Cth)
Social Security (Australian Government Disaster Recovery Payment) Determination 2015 (No. 5) 1
Social Security Act 1991
I, Michael Keenan, Minister for Justice, make this determination under subsection 106lL (2) of the Social Security Act 1991.
Dated 28 November 2015
Michael Keenan
Minister for Justice
1 Name of determination
This determination is the Social Security (Australian Government Disaster Recovery Payment) Determination 2015 (No. 5).
2 Commencement
This determination commences on the day it is signed.
3 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; or
(d) sewage contamination of the interior of the residence, or of the water supply to the residence.
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.
(2) In this determination:
(a) a place of residence is a person’s principal place of residence if the person regularly lives at the place with a degree of settled purpose and the person has a lawful right to reside at the place; and
(b) it is possible for a person to have more than one principal place of residence; and
(c) a prison or place of detention is not a principal place of residence; and
(d) a secondary residence used for holidays is not a principal place of residence.
4 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 if the event is a disaster that has such a significant impact on individuals that a government response is required.
Schedule 1 Major disaster
Only the bushfire that commenced on 25 November 2015 and continued in November 2015 in Pinery and affected the Local Government Areas of Light and Mallala in the Barossa Region, as well as the Local Government Areas of Clare and Gilbert Valleys and Wakefield, in the Yorke and Mid North Region of South Australia.
Schedule 2 Circumstances in which person adversely affected
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
(b) the person is the principal carer of a child to whom paragraph (a) applies.
Note
1. All legislative instruments and compilations are registered on the Federal Register of Legislative Instruments kept under the Legislative Instruments Act 2003. See
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