Social Security (AGDRP—Victoria—Bushfires) Determination (No. 3) 2026

Administered by Department of Home Affairs

Legislation au F2026L00031 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—Victoria—Bushfires) 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 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 (the Determination) 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.

The Determination repeals and replaces the Social Security (AGDRP—Victoria—Bushfires) Determination (No. 2) 2026 and sets out the circumstances in which a person is ‘adversely affected’ by this major disaster for the purposes of the AGDRP.

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 bushfires in Victoria that commenced on 7 January 2026 and which has affected or is affecting the suburbs and localities in the local government 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)).

Section 6 provides for:

the repeal of the Social Security (AGDRP—Victoria—Bushfires) (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 suburbs and localities in the local government areas affected by the bushfires.

Consultation

The National Emergency Management Agency (NEMA) consulted with Services Australia 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.

Overview

The Social Security (AGDRP—Victoria—Bushfires) Determination (No. 3) 2026 was enacted in response to the bushfires in Victoria that commenced on 7 January 2026, as declared a major disaster under Section 1061K of the Social Security Act 1991. This legislation was introduced to provide clarity and streamline the eligibility criteria for the Australian Government Disaster Recovery Payment (AGDRP) for individuals adversely affected by this specific disaster. The Minister for Emergency Management, exercising powers under subsection 1061L(2) of the Act, issued this determination to specify the circumstances under which individuals are considered adversely affected by the bushfires for the purposes of qualifying for the AGDRP. The policy objective is to ensure that affected individuals receive timely and appropriate support, and the determination sets out specific criteria such as serious injury, loss of residence, or destruction of major assets as a result of the disaster. The determination is structured to commence immediately after its signing, without waiting for registration, ensuring that no affected individuals are disadvantaged while the legislation is being processed. It also includes provisions for automatic repeal two years after its commencement, while ensuring that it does not affect the review rights of those who have made AGDRP applications during the period of its operation. This legislation reflects the commitment to provide immediate support to those impacted by major disasters, facilitating a swift and effective response to the affected communities.

Scope and Application

The Social Security (AGDRP—Victoria—Bushfires) Determination (No. 3) 2026 applies to individuals adversely affected by the bushfires in Victoria that began on 7 January 2026, encompassing specific suburbs and localities within designated local government areas. This Determination, made under subsection 1061L(2) of the Social Security Act 1991, specifies the circumstances in which a person is considered to be adversely affected, such as being seriously injured, being an immediate family member of a missing or deceased individual due to the disaster, having their principal place of residence destroyed or severely damaged, or experiencing significant damage to major assets. The Determination encompasses the same geographic scope as previous determinations, expanding to include additional localities affected by the bushfires. Notably, the Determination repeals the previous Social Security (AGDRP—Victoria—Bushfires) Determination (No. 2) 2026, ensuring consistency and clarity in the criteria for eligibility under the Australian Government Disaster Recovery Payment (AGDRP). Importantly, neither the repeal of the previous Determination nor the automatic repeal of this Determination after two years will impact the review rights for AGDRP applications lodged within the claiming period or those with exceptional circumstances prior to the repeal.

Key Provisions

The main operative sections of the Social Security (AGDRP—Victoria—Bushfires) Determination (No. 3) 2026 clarify the circumstances under which a person may be considered adversely affected by the bushfires in Victoria, thus qualifying for the Australian Government Disaster Recovery Payment (AGDRP). Section 5(2) of the Determination (subsection 1061L(2) of the Act) outlines the specific criteria: a person qualifies if they are seriously injured, are an immediate family member of a missing or deceased individual, their principal place of residence is destroyed or damaged, their major assets are destroyed or damaged, or they are a carer for someone affected under these criteria. The Determination explicitly applies to the bushfires starting on 7 January 2026, affecting specific suburbs and localities within the mentioned local government areas, as detailed in Schedule 1. The Act imposes several obligations on affected individuals to ensure they meet the qualification criteria for the AGDRP. Firstly, those claiming to be adversely affected must provide evidence substantiating their claims, such as medical reports for injuries, death certificates or missing person reports for family members, property damage assessments, or carer documentation. Additionally, the Act mandates that individuals submit their applications within the stipulated timeframe to be considered. The Determination, under section 6, also repeals the previous Social Security (AGDRP—Victoria—Bushfires) (No. 2) 2026, ensuring that the latest criteria and affected areas are reflected. There are no specific offences, penalties, or civil/criminal consequences outlined in the Determination itself for breaches of the criteria or obligations. However, the Act generally provides that making a false statement or providing misleading information for the purpose of receiving the AGDRP can result in penalties. For example, under the Social Security Act 1991, making a false statement with intent to defraud can lead to fines or imprisonment, depending on the severity and intent of the offence. The maximum penalties can vary but are significant enough to deter fraudulent claims. The Determination also ensures that the repeal of the previous Determination and its automatic repeal after two years does not affect ongoing review rights for AGDRP applications. Decisions on AGDRP applications will be based on the Determination in force at the time of the application, safeguarding applicants' rights and ensuring consistent application of the criteria throughout the claiming period. Furthermore, the Determination is exempt from disallowance by the Parliament, as per subsection 44(2) of the Legislation Act 2003, which reinforces the legal standing and authority of the Determination.

Area of Law: Social Security Law
Instrument: Legislative Instrument
Concepts: Commencement Provisions; Regulatory Standards; Offence Provisions; Reporting & Disclosure Obligations

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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.

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