Family Assistance (Waiver of Debts - Victorian Bushfires) (DEEWR) Specification 2009

Overview

The Family Assistance (Waiver of Debts – Victorian Bushfires) (DEEWR) Specification 2009 was enacted to address the financial burdens faced by individuals adversely impacted by the 2009 Victorian bushfires. This legislative instrument, made under section 102 of the A New Tax System (Family Assistance) (Administration) Act 1999, allows the Secretary to waive debts arising from family assistance payments made during the bushfire period. The primary objective of this legislation is to alleviate the physical and emotional strain on bushfire victims by ensuring that those unintentionally receiving incorrect family assistance payments do not face the additional stress of debt recovery. The enacting body was the Parliament of Australia, with the aim of providing relief to those affected by the bushfires. This specification outlines the criteria for waiving debts, including the period of the bushfires, the definition of being adversely affected, and the circumstances under which debts can be waived. The legislation also includes definitions and exceptions, such as the requirement for a causal relationship between the bushfires and the adverse effects on individuals. Public consultation was not deemed necessary due to the purely beneficial nature of the instrument, though consultation was undertaken with relevant departments. This measure complements a similar instrument made under social security law to ensure a consistent approach to debt relief for affected individuals.

Scope and Application

The Family Assistance (Waiver of Debts – Victorian Bushfires) (DEEWR) Specification 2009 applies to individuals who incurred debts under the A New Tax System (Family Assistance) (Administration) Act 1999 during the period of the 2009 Victorian bushfires and were adversely affected by the fires. The instrument allows the Secretary to waive the Commonwealth's right to recover these specific debts, aiming to alleviate the financial burden on those who were directly impacted by the disaster. The geographic reach of this legislation is limited to the Commonwealth level, and it applies to debts incurred by persons affected by the bushfires in Victoria during the period from 29 January 2009 to 29 April 2009. The instrument does not apply to debts incurred by individuals who knowingly provided false or misleading information to the Commonwealth regarding their family assistance payments. The Specification clarifies the conditions under which a person is considered adversely affected, including serious injury, loss of life in the family, destruction or major damage to the principal place of residence, inability to return home for at least 24 hours, utility failures, and psychological trauma. This instrument, made under section 102 of the aforementioned Act, provides the necessary conditions and definitions for the waiver of debts in the specified class, facilitating relief for those most affected by the bushfires.

Key Provisions

The Family Assistance (Waiver of Debts – Victorian Bushfires) (DEEWR) Specification 2009, under section 102 of the A New Tax System (Family Assistance) (Administration) Act 1999, specifies a class of debts that may be waived by the Secretary, allowing for the waiver of debts incurred by individuals adversely affected by the 2009 Victorian bushfires. This legislation aims to alleviate the financial burden on those affected by these natural disasters, particularly those unintentionally receiving incorrect family assistance payments. Section 4(1) defines the class of debt that may be waived, including debts incurred wholly or partly during the bushfire period, which is defined as the period from 29 January 2009 to 29 April 2009. It specifies that debts can be waived for individuals who were adversely affected by the bushfires during this period. Section 4(2) further clarifies that if a debt pertains to a period that only partially falls within the bushfire period, only the portion of the debt attributable to days within this period can be waived. The obligations and requirements imposed by the Act on the parties it governs include the necessity for the Secretary to determine whether an individual qualifies as ‘adversely affected’ as per section 5. To be considered adversely affected, an individual must have experienced certain direct consequences of the bushfires, such as serious injury, the death of an affected family member, the destruction or major damage to their principal place of residence, the inability to return to their principal place of residence for at least 24 hours, a utility failure in their residence, or psychological trauma. The term ‘seriously injured’ is defined to include those who were admitted to hospital or would have required hospital admission under normal circumstances but could not due to bushfire conditions. The definition also includes specific criteria for terms such as ‘affected family member’ and ‘destroyed’. It is important to note that while psychological trauma is a factor, it is not necessary to prove that an individual actually experienced it; rather, the individual must have been in the immediate area of the bushfire and met one of the specified circumstances. The legislation also imposes certain exceptions to the class of debts that may be waived. For instance, section 6 excludes debts incurred by individuals who knowingly made false or misleading statements or provided false information to the Commonwealth regarding the debt. This ensures that the waiver is not extended to those who deliberately provided incorrect information, thereby maintaining the integrity of the family assistance system. The act does not require public consultation as it is deemed to be of a purely beneficial nature. Instead, consultation has been undertaken with relevant departments, such as Centrelink and the Department of Families, Housing, Community Services and Indigenous Affairs. Additionally, a mirror instrument has been created to allow the waiver of debts under the social security law, ensuring consistency in the approach to debt relief for bushfire victims. The consequences for breaching the provisions of this legislation are not explicitly detailed in the explanatory statement, but the nature of the act suggests that penalties would be aligned with those applicable under the A New Tax System (Family Assistance) (Administration) Act 1999. Generally, this would include both civil and criminal penalties for knowingly providing false information or making misleading statements, which could result in fines or other legal repercussions. The precise penalties would be determined based on the severity and intent behind the breach, with the aim of deterring non-compliance and ensuring that the waiver of debts is only applied in genuine cases of hardship due to the bushfires.