EXPLANATORY STATEMENT
Issued by authority of the Minister for Emergency Management
Social Security Act 1991
Social Security (AGDRP—Victoria—Bushfires) Amendment (Adversely Affected Persons—Additional Locations) Determination 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.
Subsection 36(4) of the Act provides that if the same event has an impact in 2 or more locations, the Minister may make a single determination under section 36 relating to some or all of the locations, or 2 or more determinations each relating to one or more of the locations.
Background
On 10 January 2026, the Minister for Emergency Management (the Minister) made a determination under subsection 36(1) of the Act that the bushfires in Victoria that commenced on 7 January 2026, and has affected or is affecting suburbs and localities within the local government areas (LGAs) of Greater Bendigo, Horsham, Mount Alexander, Strathbogie and Murrindindi, is a major disaster within the meaning of the Act.
On 15 January, the Minister made the Social Security (AGDRP—Victoria—Bushfires) Determination (No. 2) 2026 to also include: the suburb of Skipton in Corangamite LGA; the two suburbs of Highlands and Whiteheads Creek in Mitchell LGA; the following eight suburbs in Murrindindi LGA, Alexandra, Caveat, Gin Ghin, Gobur, Highlands, Kanumbra, Terip Terip, and Yarck; the following three suburbs in Pyrenees LGA, Carranballac, Skipton, and Streatham, and the two suburbs of Creightons Creek and Upton Hill Strathbogie LGA.
On 16 January, the Minister made the Social Security (AGDRP—Victoria—Bushfires) Determination (No. 3) 2026 to also include: the suburb of Streatham in Ararat LGA; the five suburbs of Arapiles, Duchembegarra, Noradjuha, Quantong and Vectis in Horsham LGA; the suburb of Walmer in Mount Alexander LGA; the following three suburbs in Mitchell LGA, Avenel, Merton and Tarcombe; the following eight suburbs in Murrindindi LGA, Cathkin, Devils River, Dropmore, Limestone, Merton, Molesworth, Murrindindi and Whanregarwen; the following three suburbs in Strathbogie LGA, Avenel, Gooram and Tarcombe, and the following suburb of Arapiles in West Wimmera LGA.
On 19 January, the Minister made the Social Security (AGDRP—Victoria—Bushfires) Determination (No. 4) 2026 to also include: the suburb of Mitre in Horsham LGA; the following two suburbs in Moira LGA, Cobram and Yarroweyah; the following three suburbs in Murrindindi LGA, Fawcett, Koriella and Maintongoon; the suburb of Walwa in Towong LGA, and the suburb of Mitre in West Wimmera.
On 22 January, the Minister made the Social Security (AGDRP—Victoria—Bushfires) Determination (No. 5) 2026 to also include the following five suburbs in the Towong LGA: Berringama, Bungil, Koetong, Shelley, and Thologolong.
On 28 January, the Minister made the Social Security (AGDRP—Victoria—Bushfires) Determination (No. 6) 2026 to also include the following two suburbs in the Colac Otway LGA: Gellibrand and Separation Creek.
On 30 January, the Minister made the Social Security (AGDRP—Victoria—Bushfires) Determination (No. 7) 2026 to include the suburbs of Kawarren in the Colac Otway LGA, Larralea in the Corangamite LGA and Lucyvale in the Towong LGA.
On 3 February, the Minister made the Social Security (AGDRP—Victoria—Bushfires) Determination (No. 8) 2026 to include the suburbs of Carlisle River, Irrewillipe and Simpson in the Colac Otway LGA and Simpson in the Corangamite LGA.
On 6 February, the Minister made the Social Security (AGDRP—Victoria—Bushfires) Determination (No. 9) 2026 to include the suburbs/localities of: Meredith and Mount Mercer in the Golden Plains LGA, Acheron and Thornton in the Murrindindi LGA, Bullioh in the Towong LGA, and Crooked River in the Wellington LGA.
Ongoing consultation with the Victorian Government has since revealed two further locations impacted by the bushfires in Victoria. These locations are the suburb of Leslie Manor in the Corangamite LGA and the locality of Woodfield in the Mansfield LGA
To ensure that adversely affected persons in these locations are eligible for AGDRP, the Minister has now made the:
- Social Security (AGDRP—Victoria—Bushfires) Amendment (Additional Locations) Determination 2026 (Additional Locations Determination); and
- Social Security (AGDRP—Victoria—Bushfires) Amendment (Adversely Affected Persons—Additional Locations) Determination 2026 (Adversely Affected Persons Determination).
The Additional Locations Determination amended the determination made on 6 February 2026 under s 36(1) of the Act to include the suburb of Leslie Manor in the Corangamite LGA and the locality of Woodfield in the Mansfield LGA.
The Additional Locations Determination does not otherwise affect the determination of existing impacted locations on 6 February 2026 for the purposes of section 36 of the Act and section 27A of the Social Security (Administration) Act 1999.
The Adversely Affected Persons Determination amends the Social Security (AGDRP—Victoria—Bushfires) Determination (No. 9) 2026 (Existing Determination), which under section 1061L(2) of the Act, determines the circumstances in which a person is ‘adversely affected’ by a major disaster for the purposes of the AGDRP.
Notes on clauses of the Adversely Affected Persons Determination
Section 1 sets out the name of the Adversely Affected Persons Determination.
Section 2 provides that the Adversely Affected Persons Determination commences immediately after it is signed. For section 12 of the Legislation Act 2003, the Adversely Affected Persons 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 Adversely Affected Persons Determination is made under subsection 1061L(2) of the Act.
Section 4 provides that each instrument that is specified in a Schedule to the Adversely Affected Persons Determination is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its terms.
Schedule 1 to the Adversely Affected Persons Determination outlines 2 additional suburbs and localities in local government areas affected by the bushfires in Victoria.
Schedule 1 also contains an application provision outlining that, for the purposes of section 1061L of the Act, the amendments apply as if a determination had been made in relation to the suburb of Leslie Manor and the locality of Woodfield on and from the commencement of the Adversely Affected Persons Determination.
The application provision further clarifies that the amendments made by the Adversely Affected Persons Determination do not otherwise affect the locations specified in the Existing Determination before the commencement of the Adversely Affected Persons Determination.
The collective effect of the Additional Locations Determination and the Adversely Affected Persons Determination is to allow adversely affected persons in the suburb of Leslie Manor and the locality of Woodfield to lodge a claim for AGDRP without affecting existing claims for AGDRP in relation to the bushfires in Victoria that commenced on 7 January 2026 and continued through February 2026.
Consultation
The National Emergency Management Agency (NEMA) consulted with Services Australia, the Victorian Government, and Emergency Recovery Victoria.
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.