EXPLANATORY STATEMENT
Issued by authority of the Minister for Emergency Management
Social Security Act 1991
Social Security (AGDRP—Western Australia—Severe Tropical Cyclone Narelle) Determination (No.2) 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 8 April 2026, the Minister for Emergency Management made a determination under subsection 36(1) of the Act that the effects of Severe Tropical Cyclone Narelle in Western Australia, including as a result of associated severe weather and flooding, and isolation of one or more areas, which have impacted, or are impacting, one or more of the locations listed in Schedule 1 on or after 25 March 2026 (including through April 2026) are a major disaster. That determination is the Social Security (AGDRP—Major Disaster—Western Australia—Severe Tropical Cyclone Narelle) Determination 2026 (Major Disaster Determination).
The Major Disaster Determination outlined that the major disaster has impacted or is impacting the suburbs/localities of Carnarvon, Coral Bay, Inggarda, Kennedy Range, Lyndon, Minilya, North Plantations, Wooramel and Yandoo Creek in the local government area (LGA) known as Carnarvon and the suburbs/localities of Exmouth, Learmonth and North West Cape in the LGA known as Exmouth.
The Minister for Emergency Management has made a further Major Disaster Determination under subsection 36(1) of the Act to also include: the two suburbs of Onslow and Yannarie in the LGA of Ashburton, the suburb of Exmouth Gulf in the LGA of Exmouth, and the two suburbs of Gascoyne Junction and Gascoyne River in the LGA of Upper Gascoyne, as impacted locations.
The Social Security (AGDRP—Western Australia—Severe Tropical Cyclone Narelle) Determination (No. 2) 2026 (the Determination) sets out the circumstances in which a person is ‘adversely affected’ by this major disaster for AGDRP purposes and includes the new locations.
The Determination repeals and replaces the Social Security (AGDRP—Western Australia—Severe Tropical Cyclone Narelle) Determination 2026.
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 effects of Severe Tropical Cyclone Narelle in Western Australia, including as a result of associated severe weather and flooding, and isolation of one or more areas, which have affected, or are affecting, one or more of the areas listed in Schedule 1 on or after 25 March 2026 (including through April 2026).
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)).
The phrase Australian citizen or resident in subsection 5(2) of the instrument is used intentionally to make it abundantly clear to the ordinary reader, on the face of the instrument, that Australian citizens are entitled to the AGDRP. This expression does not displace the meanings of Australian citizen and the broader defined term Australian resident under the Act. The term Australian citizen is a subset of the definition of Australian resident under subsection 7(2) of the Act. The omission of the second Australian in the drafting in subsection 5(2) of the instruments – where the words Australian citizen or resident appear - does not establish a different or freestanding concept of resident.
Section 6 provides for:
- the repeal of the Social Security (AGDRP—Western Australia—Severe Tropical Cyclone Narelle) Determination 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 Severe Tropical Cyclone and associated flooding. These suburbs and localities are the same as the impacted areas identified in the Major Disaster Determination.
Consultation
The National Emergency Management Agency (NEMA) consulted with the Western Australian Department of Fire and Emergency Services on impact information.
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.
It is appropriate that this instrument is not subject to disallowance because the Determination does not change how the AGDRP operates, nor does it affect the amount payable to individuals, but rather is administrative in nature and is used to ensure the legislative requirements are met so that assistance can be delivered quickly to people adversely affected by major disaster events. Subjecting this instrument to disallowance could delay, or even prevent, timely access to disaster relief, which would undermine the purpose of the payment and the intent of the legislation.