Explanatory Statement
Social Security (Australian Government Disaster Recovery Payment) Amendment Determination 2008 (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 (the Principal Declaration) on 18 November 2008 under section 36 of the Act that declared storms generated from the severe line of thunderstorms that began on 16 November 2008 and affected the south-east corner of Queensland to be a “major disaster”. The storm activity in south-east Queensland associated with the atmospheric instability affecting the south-east corner was considerably greater than first envisaged. Further storms associated with this activity affected the south-east corner of Queensland on 19 and 20 November 2008.
The Social Security (Australian Government Disaster Recovery Payment) Amendment Determination 2008 (No. 1) (the Amendment Determination) amends the Social Security (Australian Government Disaster Recovery) Determination (No. 3) 2008 (the Principal Determination) to substitute a new Schedule 1.
Section 1 of the Amendment Determination specifies the name of the Determination.
Section 2 of the Amendment Determination provides that it commences immediately after the commencement of the Principal Determination.
Section 3 provides that the Principal Determination is amended as specified in Schedule 1.
Item 1 of Schedule 1 provides a new Schedule 1 which now describes the major disaster as follows:
The sequence of storms that occurred as a result of atmospheric instability and affected the south-east corner of Queensland:
(a) that started on 16 November 2008 and continued to occur up to and including 20 November 2008; and
(b) if the sequence of storms continues to occur after 20 November 2008 — that occurred from 21 November 2008 up to and including 30 November 2008.
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.