Social Security (AGDRP—Western Queensland Heavy Rainfall and Flooding) Determination 2025

Administered by Department of Home Affairs

Legislation au F2025L00477 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—Western Queensland Heavy Rainfall and Flooding) Determination 2025

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

The Minister for Emergency Management has made a determination under subsection 36(1) of the Act that the heavy rainfall and flooding in western Queensland that commenced on 21 March 2025, associated with a surface trough meteorological event, and which has affected the local government areas of Barcoo Shire, Bulloo Shire, Longreach Regional, Paroo Shire, Quilpie Shire and Winton Shire, is a major disaster within the meaning of the Act.

The Social Security (AGDRP—Western Queensland Heavy Rainfall and Flooding) Determination 2025 (the Determination) sets out the circumstances in which a person is “adversely affected” by this major disaster for AGDRP purposes.

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 heavy rainfall and flooding in western Queensland, associated with a surface trough meteorological event, that commenced on 21 March 2025 and which has affected, or affects, the locations listed 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 Determination two years after it commences. The repeal of the Determination will not 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 locations in Queensland affected, for the purposes of this instrument, by the heavy rainfall and flooding in western Queensland, associated with a surface trough meteorological event.

Consultation

The National Emergency Management Agency (NEMA) consulted with the Queensland Reconstruction Authority on impact.

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—Western Queensland Heavy Rainfall and Flooding) Determination 2025 was enacted to provide immediate relief to individuals adversely affected by the heavy rainfall and flooding in western Queensland that began on 21 March 2025. This legislation, under the authority of the Social Security Act 1991, aims to address the immediate needs of those impacted by the disaster by specifying the criteria for receiving the Australian Government Disaster Recovery Payment (AGDRP). The Minister for Emergency Management has declared this event a major disaster, thereby qualifying affected individuals for this one-off payment. This Determination outlines the specific circumstances under which a person can be considered adversely affected, including serious injury, loss of a principal place of residence, or destruction of major assets as a direct result of the disaster. The policy objective is to ensure swift financial assistance is provided to those most in need due to the significant impact of this major disaster.

Scope and Application

The Social Security (AGDRP—Western Queensland Heavy Rainfall and Flooding) Determination 2025 applies to individuals who are adversely affected by the major disaster caused by the heavy rainfall and flooding in western Queensland, which commenced on 21 March 2025. The Determination specifies that a person is considered adversely affected if they are seriously injured, are an immediate family member of a missing or deceased Australian citizen or resident as a direct result of the disaster, have a principal place of residence that is destroyed or severely damaged, own major assets that are destroyed or severely damaged, or are a carer of a child who meets any of the previous criteria. The geographic scope of the Determination includes the local government areas of Barcoo Shire, Bulloo Shire, Longreach Regional, Paroo Shire, Quilpie Shire, and Winton Shire in Queensland. The Determination does not apply to areas outside these specified locations, and any claims must be substantiated within the specified criteria. The Determination will remain in effect for two years following its commencement and will not affect existing review rights for applications made within the claiming period.

Key Provisions

The main operative sections of the Social Security (AGDRP—Western Queensland Heavy Rainfall and Flooding) Determination 2025 (the Determination) set out the specific circumstances in which an individual can be considered adversely affected by the major disaster for the purposes of receiving the Australian Government Disaster Recovery Payment (AGDRP). Section 4 defines key terms such as "destroyed," "major damage," and "principal place of residence," while Section 5(2) details the specific situations that qualify a person as adversely affected, including being seriously injured, having a missing or deceased immediate family member, or having their principal residence or major assets destroyed or significantly damaged due to the disaster. These provisions ensure clarity and consistency in determining eligibility for the AGDRP. The Determination imposes obligations on both the applicants and the relevant authorities. For applicants, it requires them to provide accurate and truthful information regarding their circumstances and the impact of the disaster on them. Authorities, such as the Department of Social Services, are obligated to assess the claims based on the criteria set out in the Determination and make decisions on eligibility for the AGDRP accordingly. This ensures that the payment process is transparent, fair, and efficient, and that the funds are distributed to those who genuinely need assistance due to the disaster. Breaching the requirements set out in the Determination can lead to various consequences. For example, providing false information in an application can result in disqualification from receiving the AGDRP and may also result in civil or criminal penalties if the misrepresentation is found to be deliberate. The specific penalties for such breaches are not detailed in the Determination but are likely to be in line with other relevant legislation governing social security payments. Additionally, any failure by authorities to adhere to the provisions of the Determination could lead to administrative or legal consequences, including potential reviews or audits to ensure compliance with the Act. Overall, the Determination provides a clear framework for the distribution of the AGDRP, ensuring that payments are made to those who have genuinely suffered due to the major disaster. It establishes a set of criteria for eligibility, imposes obligations on both applicants and authorities, and outlines potential consequences for non-compliance, thereby maintaining the integrity and effectiveness of the disaster recovery payment process.

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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.