Social Security (AGDRP—Victoria—Bushfires) Determination (No. 9) 2026

Social Security (AGDRP—Victoria—Bushfires) Determination (No. 9) 2026

made under subsection 1061L(2) of the Social Security Act 1991.

Compilation No. 1

Compilation date: 20 April 2026

Includes amendments: F2026L00450

About this compilation

This compilation

This is a compilation of the Social Security (AGDRP—Victoria—Bushfires) Determination (No. 9) 2026 that shows the text of the law as amended and in force on 20 April 2026 (the compilation date).

The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.

Uncommenced amendments

The effect of uncommenced amendments is not shown in the text of the compiled law. The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. Any uncommenced amendments affecting the law are accessible on the Register (www.legislation.gov.au).

Application, saving and transitional provisions

If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.

Modifications

If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. Any modifications affecting the law are accessible on the Register.

Self‑repealing provisions

If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.

1  Name

  This instrument is the Social Security (AGDRP—Victoria—Bushfires) Determination (No. 9) 2026.

3  Authority

  This instrument is made under subsection 1061L(2) of the Social Security Act 1991.

4  Definitions

 (1) In this instrument:

Act means the Social Security Act 1991.

destroyed means damaged to the extent that:

 (a) for a residence—it must be demolished; or

 (b) for a major asset or assets—it is unusable.

immediate family member, of a person, means:

 (a) the person’s partner; or

 (b) the person’s natural child, adoptive child or step-child; or

 (c) the person’s natural parent, adoptive parent or step-parent; or

 (d) the person’s legal guardian; or

 (e) the person’s brother, sister, step-brother or step-sister.

Note:  This term is used in a different sense to that used in the Act.

LIN 26/050 means Social Security (AGDRP—Victoria—Bushfires) Amendment (Adversely Affected Persons—Additional Locations) Determination 2026

major asset means:

 (a) an asset, with a market value of at least $20 000, located at the person’s principal place of residence; or

 (b) assets, with a combined market value of at least $20 000, located at the person’s principal place of residence.

Examples: Building, large fixed structure, motor vehicle, caravan, water tank, large scale machinery, heavy equipment.

major damage means:

 (a) for a residence:

 (i) damage to the interior of the residence; or

 (ii) that the residence is structurally unsound; or

 (iii) damage to the residence that exposes the interior of the residence to the elements; or

 (iv) sewage contamination of the interior of the residence; or

 (b) for a major asset or assets other than a water tank—that the asset is burnt or otherwise damaged by fire, heat, ash or smoke to the extent that it needs to be replaced; or

 (c) for a major asset that is a water tank—damage to the extent that the tank needs to be repaired or cleaned, or the water contained in it needs to be replaced.

seriously injured, for a person, means:

 (a) the person has sustained an injury; and

 (b) because of the injury:

 (i) the person was admitted to hospital; or

 (ii) under normal circumstances, the person would have been admitted to hospital.

 (2) A place of residence is a person’s principal place of residence if:

 (a) the person regularly lives at the place with a degree of settled purpose; and

 (b) the person has a lawful right to reside at the place; and

 (c) the place is not:

 (i) a prison or a place of detention; or

 (ii) a secondary residence used for holidays.

Note: It is possible for a person to have more than 1 principal place of residence.

5  Person adversely affected by a major disaster

 (1) This section applies to the major disaster being the bushfires that commenced on 7 January 2026 and continue through February 2026 in Victoria, which has affected, or is affecting, one or more areas mentioned in Schedule 1.

 (2) For subsection 1061L(2) of the Act, a person is taken to be adversely affected by the major disaster if any of the following circumstances apply:

 (a) the person is seriously injured as a direct result of the disaster;

 (b) 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 disaster;

 (c) the person’s principal place of residence has been destroyed or has major damage as a direct result of the disaster;

 (d) a major asset of the person has been destroyed or has major damage as a direct result of the disaster;

 (e) the person is a carer of a child to whom paragraph (a), (b), (c) or (d) applies.

6  Repeal

 (2) This instrument is repealed on the day after the end of the period of two years that begins on the day the instrument commences.

7  Application of amendments by LIN 26/050

 (1) For the purposes of section 1061L of the Act, this instrument applies, as amended by LIN 26/050, in relation to the locations specified in table items 8A and 21A of the table in Schedule 1 on and from the commencement of LIN 26/050.

Note:  Subsection 1061L(1) of the Act provides that for the purposes of the Act, a person is adversely affected by a major disaster if the person is affected by the disaster in a way determined by the Minister in relation to the disaster. Subsection 1061L(2) of the Act provides that the Minister may determine in writing, in relation to a major disaster, the circumstances in which persons are to be taken to be adversely affected by the disaster.

 (2) To avoid doubt, the amendments of this instrument made by LIN 26/050 do not affect the application of the instrument in relation to any locations specified in Schedule 1 before the commencement of LIN 26/050.

Schedule 1—Affected areas

1 Affected areas

A suburb or locality mentioned in column 3 of the following table, within a local government area mentioned in column 2 of the same item, is an affected area for the purposes of this instrument.

Endnotes

Endnote 1—About the endnotes

The endnotes provide information about this compilation and the compiled law.

The following endnotes are included in every compilation:

Endnote 1—About the endnotes

Endnote 2—Abbreviation key

Endnote 3—Legislation history

Endnote 4—Amendment history

Abbreviation key—Endnote 2

The abbreviation key sets out abbreviations that may be used in the endnotes.

Legislation history and amendment history—Endnotes 3 and 4

Amending laws are annotated in the legislation history and amendment history.

The legislation history in endnote 3 provides information about each law that has amended (or will amend) the compiled law. The information includes commencement details for amending laws and details of any application, saving or transitional provisions that are not included in this compilation.

The amendment history in endnote 4 provides information about amendments at the provision (generally section or equivalent) level. It also includes information about any provision of the compiled law that has been repealed in accordance with a provision of the law.

Misdescribed amendments

A misdescribed amendment is an amendment that does not accurately describe how an amendment is to be made. If, despite the misdescription, the amendment can be given effect as intended, then the misdescribed amendment can be incorporated through an editorial change made under section 15V of the Legislation Act 2003.

If a misdescribed amendment cannot be given effect as intended, the amendment is not incorporated and “(md not incorp)” is added to the amendment history.

Endnote 2—Abbreviation key

Endnote 3—Legislation history

Endnote 4—Amendment history