EXPLANATORY STATEMENT
Issued by authority of the Minister for Emergency Management
Social Security Act 1991
Social Security (AGDRP—Northern Territory—Flooding—February to March) Determination (No. 3) 2026
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 15 March 2026, the Minister for Emergency Management made a determination under subsection 36(1) of the Act that the flooding in the Northern Territory of Australia, associated with a number of slow-moving tropical low weather systems, that commenced on 3 February 2026 and continues in March 2026, and which has impacted or is impacting: the entirety of the local government area (LGA) known as Katherine, the suburbs of Berry Springs and Darwin River in the LGA of Litchfield, the suburb of Nauiyu in the LGA of Victoria Daly, the suburb of Nganmarriyanga (Palumpa) in the LGA of West Daly, and the Indigenous location of Wugular (Beswick) in the LGA of Roper Gulf, is a major disaster within the meaning of the Act.
On 20 March 2026 the Minister for Emergency Management made a further determination under subsection 36(1) of the Act to also include: the two suburbs of Daly River and Maranunga in the LGA of Victoria Daly and the suburb of Lansdowne in the LGA of Roper Gulf, as impacted locations.
The Minister for Emergency Management has made a further determination under subsection 36(1) of the Act to also include: the suburbs of Adelaide River and Collett Creek in the LGA of Coomalie; the suburb of Nhulunbuy in the LGA of East Arnhem; the suburbs of Alyangula, Angurugu, and Umbakumba in the LGA of Groote Archipelago; the suburb of Fly Creek in the LGA of Litchfield; the suburb of Numbulwar in the LGA of Roper Gulf; the suburb of Edith in the LGA of Victoria Daly; and the suburb of Jabiru in the LGA of West Arnhem, as impacted locations.
The Social Security (AGDRP—Northern Territory—Flooding—February to March) Determination (No. 3) 2026 (the Determination) sets out the circumstances in which a person is “adversely affected” by this major disaster for AGDRP purposes and includes the new locations.
The Determination repeals and replaces the Social Security (AGDRP—Northern Territory—Flooding—February to March) Determination (No. 2) 2026.
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 flooding in the Northern Territory of Australia, associated with a number of slow-moving tropical low weather systems, that commenced on 3 February 2026 and continues in March 2026, and which has affected or is affecting the areas mentioned 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)).
The phrase “Australian citizen or resident” in subsection 5(2) of the instrument is used intentionally to make it abundantly clear to the ordinary reader, on the face of the instrument, that “Australian citizens” are entitled to the AGDRP. This expression does not displace the meanings of “Australian citizen” and the broader defined term “Australian resident” under the Act. The term “Australian citizen” is a subset of the definition of “Australian resident” under subsection 7(2) of the Act. The omission of the second “Australian” in the drafting in subsection 5(2) of the instruments – where the words “Australian citizen or resident” appear - does not establish a different or freestanding concept of “resident”.
Section 6 provides for:
- the repeal of the Social Security (AGDRP—Northern Territory—Flooding—February to March) Determination (No. 2) 2026 upon commencement of the Determination; and
- the repeal of the Determination two years after it commences.
Neither the repeal of the previous Determination nor the automatic repeal of this Determination after two years will 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 areas affected by the heavy rainfall and flooding, associated with a number of slow-moving tropical low weather systems, that commenced on 3 February 2026 and continues in March 2026.
Consultation
The National Emergency Management Agency (NEMA) consulted with the Northern Territory Government.
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.
It is appropriate that this instrument is not subject to disallowance because the Determination does not change how the AGDRP operates, nor does it affect the amount payable to individuals, but rather is administrative in nature and is used to ensure the legislative requirements are met so that assistance can be delivered quickly to people adversely affected by major disaster events. Subjecting this instrument to disallowance could delay, or even prevent, timely access to disaster relief, which would undermine the purpose of the payment and the intent of the legislation.