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.
Overview
The Social Security (Australian Government Disaster Recovery Payment) Amendment Determination 2007 (No. 1) was enacted to extend the eligibility period for the Australian Government Disaster Recovery Payment (AGDRP) in response to ongoing bushfires in Victoria. This determination was introduced by the Minister for Families and Housing, under the authority granted by the Social Security Act 1991, and aims to ensure that those affected by the bushfires receive timely and adequate support. The Amendment Determination was necessitated by the prolonged nature of the bushfires, which continued to burn beyond the initial period covered by the original declaration. It amends the Social Security (Australian Government Disaster Recovery) Determination (No. 2) 2006, extending the coverage period for affected individuals from the original declaration period up to March 2007. This legislative instrument was not subject to disallowance by the Parliament, reflecting the urgency and necessity of providing extended support to those adversely affected by the disaster.
Scope and Application
The Social Security (Australian Government Disaster Recovery Payment) Amendment Determination 2007 (No.1) amends the Social Security (Australian Government Disaster Recovery) Determination (No.2) 2006 to extend the eligibility period for the Australian Government Disaster Recovery Payment (AGDRP) in response to ongoing bushfires in Victoria. This amendment applies to individuals who have been adversely affected by the bushfires that started in December 2006 in Gippsland and the north-east of Victoria, as well as those affected by fires that began on 16 January 2007 in the Steiglitz area in the south-west of Victoria. The amendment extends the qualifying period for these bushfires through to March 2007, reflecting the continuous nature of the disaster and ensuring that affected individuals can access the AGDRP during this extended period. This legislative instrument is a determination under the Social Security Act 1991 and is not subject to disallowance by the Parliament.
Key Provisions
The main operative sections of the Social Security (Australian Government Disaster Recovery Payment) Amendment Determination 2007 (No.1) are found in Section 3, which specifies that the Principal Determination is amended as detailed in Schedule 1. Item 1 of Schedule 1 amends section 4 of the Principal Determination to reflect minor consequential changes. Item 2 of Schedule 1 replaces the existing Schedule 1 of the Principal Determination with new provisions. Clause (1) of this new Schedule 1 extends the period of the disaster that began in December 2006, providing coverage until March 2007, accounting for scenarios where the fires may cease or continue to burn. Clause (2) extends coverage for the fires that started on 16 January 2007 in the Steiglitz area in the south-west of Victoria, also extending the period until March 2007 if the fires persist.
The obligations and requirements imposed by this Act primarily revolve around the provision of financial assistance to individuals adversely affected by the declared major disasters. The Act mandates that the Minister determine, in writing, the circumstances under which persons are considered to be adversely affected by a major disaster (Section 1061L(2)). The Minister's declaration under Section 36, as well as the Amendment Determination, establishes the timeframe and scope of the disaster recovery payment, ensuring that eligible individuals receive the necessary support. These provisions also necessitate that the Social Security Act 1991 be updated to reflect the ongoing nature of the declared disasters, thereby extending the eligibility period for the Australian Government Disaster Recovery Payment.
Breaches of the obligations set forth in the Act can lead to civil and criminal consequences. The Minister's determinations under Section 1061L and the Amendment Determination are legislative instruments that are not subject to disallowance by Parliament (Section 1061L(3)). While formal consultation was not undertaken due to the urgency of the situation, the determinations are intended to provide timely and effective support to those in need. Failure to adhere to the provisions of the Act, including improper determination of eligibility or failure to provide timely payments, could potentially result in legal action against the responsible authorities. However, the specific penalties or consequences for such breaches are not detailed within the provided text.
Overall, the Amendment Determination is designed to ensure that individuals affected by the major disasters in Victoria receive the Australian Government Disaster Recovery Payment for an extended period, reflecting the ongoing nature of the bushfires and the need for continued support. The Act and its amendments aim to provide clarity and consistency in the application of disaster recovery payments, ensuring that affected individuals are not left without necessary assistance.