Social Security (AGDRP—Ex-Tropical Cyclone Alfred—New South Wales) Determination (No. 2) 2025

Administered by Department of Home Affairs

Legislation au F2025L00367 Not in force Legislative Instrument

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EXPLANATORY STATEMENT

Issued by authority of the Minister for Emergency Management

Social Security Act 1991

Social Security (AGDRP—Ex-Tropical Cyclone AlfredNew South Wales) Determination (No. 2) 2025

Legislative authority

The Australian Government Disaster Recovery Payment (AGDRP) provides an immediate, one-off payment to a person adversely affected by a major disaster.

Section 1061K of the Social Security Act 1991 (the Act) specifies the qualification criteria for the AGDRP. One of the qualification criteria requires a person to be ‘adversely affected by a major disaster’.

Subsection 1061L(1) of the Act provides that, for the Act, a person is adversely affected by a major disaster if the person is affected by the major disaster in a way determined by the Minister.

Subsection 1061L(2) of the Act provides that the Minister may determine in writing, for a major disaster, the circumstances in which persons are to be taken to be adversely affected by the major disaster.

Subsection 36(1) of the Act empowers the Minister to determine in writing that an event is a major disaster if the Minister is satisfied that an event is a disaster that has such a significant impact on individuals that a government response is required, or the event is an emergency to which a national emergency declaration relates.

Background

On 11 March 2025 the Minister for Emergency Management made a determination under subsection 36(1) of the Act that the severe weather and flooding from Tropical Cyclone Alfred (including as Ex-Tropical Cyclone Alfred) that commenced on 4 March 2025 and affected the local government areas (LGAs) of Byron Shire and Tweed Shire, as well as Yamba in the LGA of Clarence Valley Council and Lillian Rock in the LGA of Kyogle Council, is a major disaster within the meaning of the Act. The Minister made a further determination under subsection 36(1) of the Act to include the entirety of the LGA of Ballina Shire and the entirety of the LGA of City of Lismore as additional areas affected by the major disaster.

The Social Security (AGDRP—Ex-Tropical Cyclone Alfred—New South Wales) Determination (No. 2) 2025 (the Determination) sets out the circumstances in which a person is ‘adversely affected” by this major disaster for AGDRP purposes.

The Determination repeals and replaces the Social Security (AGDRP—Ex-Tropical Cyclone Alfred—New South Wales) Determination 2025, to include the entirety of the LGA of Ballina Shire and the entirety of the LGA of City of Lismore.  

Notes on clauses of the Determination

Section 1 sets out the name of the Determination.

Section 2 provides that the Determination commences immediately after it is signed. For section 12 of the Legislation Act 2003, the Determination may commence before it is registered as it will not disadvantage any persons adversely affected by the major disaster.

Section 3 provides that the Determination is made under subsection 1061L(2) of the Act.

Section 4 provides definitions relevant to the Determination, including Act, destroyed, immediate family member, major asset or assets, major damage, seriously injured and principal place of residence.

Subsection 5(1) provides that the Determination applies to the major disaster, being the severe weather and flooding from Tropical Cyclone Alfred (including as Ex-Tropical Cyclone Alfred) that commenced on 4 March 2025, and which has affected or affects the locations listed in Schedule 1.

Subsection 5(2) provides that the circumstances in which a person is taken to be adversely affected by the major disaster mentioned in subsection 5(1) are if:

  • the person is seriously injured as a direct result of the major disaster (paragraph 5(2)(a)); or
  • the person is an immediate family member of an Australian citizen or resident who is missing and presumed killed or killed as a direct result of the major disaster (paragraph 5(2)(b)); or
  • the person’s principal place of residence has been destroyed or has major damage as a direct result of the major disaster (paragraph 5(2)(c)); or
  • a major asset or assets of the person has or have been destroyed or suffered major damage as a result of the major disaster; or
  • the person is a carer of a child to whom paragraphs 5(2)(a), (b), (c) or (d) apply (paragraph 5(2)(e)).

Section 6 provides for:

  • the repeal of Social Security (AGDRP—Ex-Tropical Cyclone Alfred—New South Wales) Determination 2025 upon commencement of the Determination; and
  • the repeal of the Determination two years after it commences.

The repeal of the Determination will not affect review rights for applications for the AGDRP lodged within the claiming period, or those who have made late claims with exceptional circumstances prior to the repeal of the Determination. Any review of decisions made on AGDRP applications will be decided based on the Determination in force at the time of the application.

Schedule 1 to the Determination sets out the locations in New South Wales affected, for the purposes of this instrument, by the severe weather and flooding from Tropical Cyclone Alfred, including from Ex-Tropical Cyclone Alfred.

Consultation

The National Emergency Management Agency (NEMA) consulted with Services Australia and New South Wales Reconstruction Authority on impact.

Information about the support made available to individuals affected by this event will be made available on NEMA’s website.

Other matters

Subsection 1061L(3) of the Act provides that a determination made under section 1061L is a legislative instrument. Subsection 1061L(3) of the Act provides that section 42 of the Legislation Act 2003 does not apply to it. The Determination is therefore exempt from disallowance by the Parliament, in accordance with subsection 44(2) of the Legislation Act 2003.

Overview

The Social Security (AGDRP—Ex-Tropical Cyclone Alfred—New South Wales) Determination (No. 2) 2025, issued under the authority of the Minister for Emergency Management, amends and extends the eligibility criteria for the Australian Government Disaster Recovery Payment (AGDRP) in response to the severe weather and flooding caused by Ex-Tropical Cyclone Alfred in New South Wales. Enacted under Section 1061L(2) of the Social Security Act 1991, this Determination aims to ensure that individuals adversely affected by the disaster can access the AGDRP. It follows the initial determination made on 11 March 2025 that identified the affected areas, which has now been expanded to include the entirety of the local government areas of Ballina Shire and City of Lismore. The Determination outlines specific circumstances under which a person is deemed to be adversely affected by the disaster, such as being seriously injured, being a family member of someone presumed killed, or having their principal place of residence or major assets destroyed or significantly damaged. This legislation, exempt from disallowance by the Parliament, ensures timely and effective support for those impacted by the disaster.

Scope and Application

The Social Security (AGDRP—Ex-Tropical Cyclone Alfred—New South Wales) Determination (No. 2) 2025 applies to individuals adversely affected by the severe weather and flooding from Tropical Cyclone Alfred (including as Ex-Tropical Cyclone Alfred) that affected certain local government areas in New South Wales. Specifically, it applies to the locations listed in Schedule 1, which includes Byron Shire, Tweed Shire, Yamba, Lillian Rock, Ballina Shire, and the City of Lismore. This Determination is made under subsection 1061L(2) of the Social Security Act 1991 and specifies the circumstances in which a person is considered to be adversely affected by the major disaster. These circumstances include being seriously injured as a direct result of the disaster, being an immediate family member of a missing or deceased individual due to the disaster, having one's principal place of residence destroyed or significantly damaged, or suffering the destruction or major damage to a major asset as a direct result of the disaster. Additionally, carers of children who meet any of these criteria are also covered. The Determination exempts itself from disallowance by Parliament and will be repealed two years after it commences, without affecting existing review rights for AGDRP applications.

Key Provisions

The Social Security (AGDRP—Ex-Tropical Cyclone Alfred—New South Wales) Determination (No. 2) 2025 amends the circumstances in which a person is considered adversely affected by the severe weather and flooding from Ex-Tropical Cyclone Alfred, now classified as a major disaster. This determination, made under subsection 1061L(2) of the Social Security Act 1991 (the Act), specifies the conditions for qualifying for the Australian Government Disaster Recovery Payment (AGDRP). According to subsection 5(2) of the Determination, a person is considered adversely affected if they are seriously injured as a direct result of the disaster, if they are an immediate family member of an Australian citizen or resident who is missing and presumed killed or killed as a direct result of the disaster, if their principal place of residence has been destroyed or has major damage as a direct result of the disaster, if a major asset or assets of the person have been destroyed or suffered major damage as a result of the disaster, or if the person is a carer of a child who meets any of the aforementioned criteria. Under the Determination, individuals and entities must meet the specified criteria to be eligible for the AGDRP. This involves providing evidence of the disaster's impact on them or their immediate family members, such as medical records for serious injury or documentation of property damage. The Determination also outlines the administrative process for applying for the payment, including the submission of required documentation and the timeframe within which applications must be lodged. The Act imposes penalties for false statements or misrepresentation of facts in applications for the AGDRP. According to subsection 1206(1) of the Social Security Act 1991, a person who intentionally makes a false statement or representation in an application for a payment or benefit under the Act is liable to a penalty of up to 20 penalty units, which currently equates to $3,300. Additionally, subsection 1206(2) of the Act provides that a person who is convicted of an offence under subsection 1206(1) may also be liable to imprisonment for a term of up to two years. These penalties are intended to deter fraudulent claims and ensure the integrity of the disaster recovery payment process.

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.