Explanatory Statement
Social Security (Australian Government Disaster Recovery Payment) Amendment Determination 2009 (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 7 February 2009, under section 36 of the Act that declared that the “flooding that occurred as a result of the rain depression caused by Tropical Cyclone Ellie which commenced on 31 January 2009 and affected the Far North and Northern regions of Queensland” to be a major disaster.
Following the rain depression caused by Tropical Cyclone Ellie, further heavy rain has fallen in early February 2009 which has continued the flooding in those regions. The Minister amended the original section 36 declaration in recognition that the flooding has continued in those regions into early February 2009 and may continue through February 2009.
The Social Security (Australian Government Disaster Recovery Payment) Amendment Determination 2009 (No.1) (the Amendment Determination) amends the Social Security (Australian Government Disaster Recovery) Determination 2009 (No.1) (the Principal Determination). The Amendment Determination gives effect to the Minister’s amending declaration under section 36 of the Act. It extends the period in which persons can be taken to be adversely affected by the flooding that has occurred in the Far North and Northern regions of Queensland into February 2009 to cover the possibility that further people may be affected by the floods.
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 of the Amendment Determination substitutes a new Schedule 1 of the Principal Determination. New Schedule 1 applies to the flooding that occurred in the Far North and Northern regions of Queensland which occurred as a result of the rain depression caused by Tropical Cyclone Ellie which commenced on 31 January 2009 and as a result of further heavy rain that fell during February 2009; and which affected the Far North and Northern regions of Queensland for the corresponding period.
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.