Social Security (Australian Government Disaster Recovery Payment) Amendment Determination 2008 (No. 1)

Overview

The Social Security (Australian Government Disaster Recovery Payment) Amendment Determination 2008 (No. 1) was enacted to address an urgent need to expand the scope of a major disaster for the purposes of the Australian Government Disaster Recovery Payment (AGDRP) under the Social Security Act 1991. This amendment was necessitated by the unforeseen escalation of storm activity in the south-east corner of Queensland, which continued beyond the initial period declared as a major disaster. The problem this amendment sought to address was the inadequacy of the initial declaration to cover the full extent of the disaster, thereby potentially excluding some adversely affected individuals from receiving the AGDRP. Enacted by the Minister under the authority provided in Section 1061L of the Social Security Act 1991, the policy objective was to ensure that all Australians who were adversely affected by the extended period of severe storms received the necessary support through the AGDRP. The urgency of the situation precluded formal consultation, but the determination was made in accordance with the legislative framework to provide immediate relief.

Scope and Application

The Social Security (Australian Government Disaster Recovery Payment) Amendment Determination 2008 (No. 1) applies to individuals who have been adversely affected by the sequence of storms generated from the severe line of thunderstorms that began on 16 November 2008 and continued to affect the south-east corner of Queensland up to and including 20 November 2008, and potentially up to 30 November 2008 if the storm activity persisted. This amendment is made under the Social Security Act 1991, which governs the Australian Government Disaster Recovery Payment (AGDRP). The AGDRP is a short-term payment provided to Australians who are adversely affected by a major or widespread disaster. The amendment extends the scope of the major disaster declaration to include the additional storm activity that occurred on 19 and 20 November 2008, as well as any storms that may occur up until 30 November 2008, thereby ensuring that affected individuals are eligible for the payment. The amendment applies to the Commonwealth of Australia and is not subject to disallowance by the Parliament, as specified under subsection 1061L(3) of the Act. Formal consultation was not undertaken due to the urgency required in making this amendment.

Key Provisions

The main operative sections of the Social Security (Australian Government Disaster Recovery Payment) Amendment Determination 2008 (No. 1) include Sections 1 to 3, which specify the name, commencement, and amendment of the Principal Determination, respectively. Section 1 identifies the Amendment Determination, while Section 2 outlines that it commences immediately after the Principal Determination. Section 3 specifies the amendment of the Principal Determination as detailed in Schedule 1. Item 1 of Schedule 1 provides a new Schedule 1 that more precisely describes the major disaster in terms of the sequence of storms affecting the south-east corner of Queensland from 16 to 20 November 2008 and potentially extending to 30 November 2008 if the storms continued. This amendment is intended to clarify the scope of the disaster for the purposes of determining eligibility for the Australian Government Disaster Recovery Payment (AGDRP). The obligations and requirements imposed by this Act are primarily on the Minister, who has the authority to determine whether a person is adversely affected by a major disaster. According to subsection 1061L(2) of the Social Security Act 1991, the Minister can make written determinations about the circumstances under which persons are considered adversely affected. This authority was exercised on 18 November 2008 when the Minister declared the storms affecting the south-east corner of Queensland to be a "major disaster" under section 36 of the Act. The Amendment Determination further specifies the period of the disaster, providing a clear timeline for eligibility assessment under the AGDRP. The consequences for breach or non-compliance with the provisions of the Social Security (Australian Government Disaster Recovery Payment) Amendment Determination 2008 (No. 1) are not explicitly detailed within the explanatory statement. However, it is noted that the determination is a legislative instrument and is not subject to disallowance by the Parliament, as specified by subsection 1061L(3) of the Act. This implies that while the formal legislative process for disallowance does not apply, any misuse or improper application of the provisions could still be subject to legal scrutiny and potential penalties under the broader legislative framework governing social security and disaster recovery payments. Given the urgency and specific context of this amendment, the absence of formal consultation suggests a streamlined process aimed at expediting the response to the disaster.