EXPLANATORY STATEMENT
Issued by authority of the Minister for Emergency Management
Social Security Act 1991
Social Security (AGDRP—Victoria—Bushfires) Determination (No. 5) 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.
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 (the Determination) to also include following five suburbs in the Towong LGA: Berringama, Bungil, Koetong, Shelley, and Thologolong.
The Determination repeals and replaces the Social Security (AGDRP—Victoria—Bushfires) Determination (No. 4) 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. 4) 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.