Social Security (AGDRP—NSW East Coast Severe Weather and Flooding) Determination 2025

Administered by Department of Home Affairs

Legislation au F2025L00601 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—NSW East Coast Severe Weather and Flooding) Determination 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 26 May 2025, the Minister for Emergency Management made a determination under subsection 36(1) of the Act that the severe weather and flooding in the east coast region of New South Wales (NSW) that commenced on 18 May 2025, and has affected or is affecting the local government areas (LGA) of Bellingen, Coffs Harbour, Dungog, Kempsey, Maitland, Mid‑Coast, Nambucca Valley, Port Macquarie-Hastings and Port Stephens, is a major disaster within the meaning of the Act.

The Social Security (AGDRP—NSW East Coast Severe Weather and Flooding) Determination 2025 (the Determination) sets out the circumstances in which a person is ‘adversely affected’ by this major disaster for AGDRP purposes.

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 NSW East Coast severe weather and flooding that commenced on 18 May 2025, and which has affected or is affecting one or more of the areas 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 the Determination two years after commencement. 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 affected locations in the east coast region of New South Wales affected, for the purposes of this instrument, by severe weather and flooding.

Consultation

The National Emergency Management Agency (NEMA) consulted with the relevant authorities in NSW 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—NSW East Coast Severe Weather and Flooding) Determination 2025, issued under the Social Security Act 1991, was enacted to provide clarity and assistance to those affected by the severe weather and flooding events on the east coast of New South Wales in May 2025. This determination was necessary to establish specific criteria for individuals to qualify for the Australian Government Disaster Recovery Payment (AGDRP) in the aftermath of this major disaster. The determination was made by the Minister for Emergency Management, who identified the severe weather and flooding as a major disaster under section 1061K of the Act. The objective of this legislation is to ensure that affected individuals receive the necessary support through the AGDRP by defining the circumstances under which a person can be considered adversely affected by the disaster. The Minister’s determination, which outlines these circumstances, ensures that the payment process is both timely and equitable for those in need.

Scope and Application

The Social Security (AGDRP—NSW East Coast Severe Weather and Flooding) Determination 2025 applies to individuals who have been adversely affected by the major disaster declared in the east coast region of New South Wales, specifically in the local government areas of Bellingen, Coffs Harbour, Dungog, Kempsey, Maitland, Mid-Coast, Nambucca Valley, Port Macquarie-Hastings, and Port Stephens. This determination outlines the specific circumstances under which a person is considered adversely affected by the severe weather and flooding that commenced on 18 May 2025. The circumstances include being seriously injured as a direct result of the disaster, being an immediate family member of an Australian citizen or resident who is missing and presumed killed or killed as a result of the disaster, having a principal place of residence destroyed or suffering major damage, or having major assets destroyed or damaged. Additionally, carers of children who meet any of these criteria are also included. The determination is made under the authority of the Social Security Act 1991 and is exempt from disallowance by the Parliament. The determination commences immediately after it is signed and will be repealed two years after its commencement, although this will not affect any ongoing reviews or claims made within the claiming period.

Key Provisions

The main operative sections of the Social Security (AGDRP—NSW East Coast Severe Weather and Flooding) Determination 2025 (the Determination) are found in section 5, which specifies the circumstances in which a person is considered adversely affected by the major disaster for the purposes of the Australian Government Disaster Recovery Payment (AGDRP). Specifically, subsection 5(2) details that a person is adversely affected if they are seriously injured as a direct result of the major 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 major disaster, if their principal place of residence has been destroyed or has major damage as a direct result of the major disaster, if a major asset or assets of the person have been destroyed or suffered major damage as a result of the major disaster, or if the person is a carer of a child to whom paragraphs 5(2)(a), (b), (c), or (d) apply. The Determination imposes specific obligations and requirements on individuals seeking to claim the AGDRP in relation to the NSW East Coast severe weather and flooding. It mandates that the affected individuals must meet one of the criteria set out in subsection 5(2) to be considered adversely affected. For instance, if an individual has suffered serious injury, their principal place of residence has been destroyed or damaged, or if they are caring for a child who has been seriously injured or whose residence has been destroyed or damaged, they would be eligible to claim the AGDRP. This requires individuals to provide evidence that substantiates their claim under the stipulated criteria. The Determination also outlines the consequences for any breach of its provisions, though specific offences, penalties, or civil/criminal consequences are not detailed within the text. However, it is implied that failure to adhere to the criteria for claiming the AGDRP or providing false information could result in legal repercussions. Given that the Determination is a legislative instrument exempt from disallowance by the Parliament, it underscores the importance of compliance with its stipulations. Any fraudulent claims or misrepresentations could potentially lead to penalties under the relevant sections of the Social Security Act 1991 and other applicable laws.

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Social Security Law
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Definitions & Interpretation
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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.