Explanatory Statement
Social Security (Australian Government Disaster Recovery Payment) Amendment Determination 2007 (No.1)
The Australian Government Disaster Recovery Payment (the AGDRP) provides an immediate, short-term payment to Australians affected by a major or widespread disaster.
Section 1061K of the Social Security Act 1991 (the Act) contains the qualification criteria for the AGDRP. One of the qualification criteria requires a person to be “adversely affected by a major 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”.
The Minister made a declaration on 15 December 2006, under section 36 of the Act that declared bushfires in the State of Victoria that started in December 2006 to be a “major disaster” for the period December 2006 to January 2007 (in the event the fires continued). This declaration covered those fires that began in December 2006 in Gippsland and in the north-east of Victoria. These fires have continued to burn in February 2007 and the Minister amended this section 36 declaration to extend this period through to March 2007 if the bushfires continue.
The Minister has also made an additional declaration under section 36 in respect of further fires that started on 16 January 2007 in the Steiglitz area in the south-west of the State of Victoria. These fires have continued to burn in February 2007 and this declaration like the above extends the period through to March 2007 to cover the possibility that these fires continue to burn.
The Social Security (Australian Government Disaster Recovery Payment) Amendment Determination 2007 (No.1) (the Amendment Determination) amends the Social Security (Australian Government Disaster Recovery) Determination (No.2) 2006 (the Principal Determination) to extend the period in which the circumstances in which persons are taken to be adversely affected by the Victorian bushfires that started in December 2006. The period is extended to March 2007.
The Amendment Determination also amends the Principal Determination to give effect to the second declaration under section 36 in respect of the fires that started on 16 January 2007 in the Steiglitz area in the south-west of the State of Victoria. The amendments provide coverage for these fires from 16 January 2007 (when they started) to March 2007 for these fires in the event that they continue to burn.
Section 1 of the Amendment Determination specifies the name of the Determination.
Section 2 of the Amendment Determination provides that it commences on the date it is signed.
Section 3 provides that the Principal Determination is amended as specified in Schedule 1.
Item 1 of Schedule 1 makes a minor consequential change to section 4 of the Principal Determination.
Item 2 of Schedule 1 of the Amendment Determination substitutes a new Schedule 1 of the Principal Determination.
Clause (1) of new Schedule 1 extends the period of the disaster that started in December 2006 and extends coverage for the period February to March 2007. This is intended to cover circumstances where these fires continue to burn in February 2007 and cease during February 2007 and where these fires continue to burn through February 2007 and continue to burn in March 2007.
Clause (2) of new Schedule 1 provides coverage for the disaster that started on 16 January 2007 in the Steiglitz area in the south-west of Victoria from the date these fires first started to March 2007 in the event that these fires continue to burn. This is intended to cover circumstances where these fires continue to burn in February 2007 and cease during February 2007 and where these fires continue to burn through February 2007 and continue to burn in March 2007.
Subsection 1061L(3) of the Act provides that a determination under Section 1061L is a legislative instrument.
This instrument is not subject to disallowance by the Parliament (subsection 1061L(3) of the Act states that section 42 of the Legislative Instruments Act 2003 does not apply to the determination).
Formal consultation has not been undertaken as the Amendment Determination was required as a matter of urgency.