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.
Overview
The Social Security (Australian Government Disaster Recovery Payment) Amendment Determination 2009 (No. 1) was enacted in response to the severe flooding in the Far North and Northern regions of Queensland caused by the rain depression from Tropical Cyclone Ellie in late January and early February 2009. This legislation aims to provide timely relief to those affected by the disaster by extending the eligibility period for the Australian Government Disaster Recovery Payment. The determination was made under the authority of the Social Security Act 1991 and was enacted to ensure that individuals adversely affected by the continued flooding into February 2009 would still be eligible for the payment. This amendment was necessary due to the urgency of the situation, and as such, formal consultation was not undertaken. The determination was made by the Minister under section 36 of the Act and was implemented to address the ongoing impact of the disaster on the affected regions.
Scope and Application
The Social Security (Australian Government Disaster Recovery Payment) Amendment Determination 2009 (No.1) amends the Social Security (Australian Government Disaster Recovery) Determination 2009 (No.1) in response to the ongoing flooding in the Far North and Northern regions of Queensland caused by Tropical Cyclone Ellie and subsequent heavy rainfall in early February 2009. This legislative instrument applies to individuals who are adversely affected by the flooding in these regions, providing them with eligibility for the Australian Government Disaster Recovery Payment under section 1061K of the Social Security Act 1991. The amendment extends the period in which individuals can be considered adversely affected by the disaster, thereby ensuring that those who might be impacted by the continuing floods into February 2009 are covered. The Minister's declaration under section 36 of the Act identifies the specific circumstances of the disaster and the geographic area affected, thus defining the scope of the amendment. Notably, the Amendment Determination is a legislative instrument and is not subject to disallowance by the Parliament, as per subsection 1061L(3) of the Act. The urgency of the situation meant that formal consultation was not undertaken before the amendment was made.
Key Provisions
The key operative sections of the Social Security (Australian Government Disaster Recovery Payment) Amendment Determination 2009 (No.1) revolve around amending the Principal Determination to extend the period of eligibility for the Australian Government Disaster Recovery Payment (AGDRP) due to ongoing flooding in the Far North and Northern regions of Queensland. Section 1 of the Amendment Determination identifies the name of the instrument, while Section 2 stipulates that the Amendment Determination commences on the date of signing. Section 3 explicitly states that the Principal Determination is amended as detailed in Schedule 1. Item 1 of Schedule 1 replaces the original Schedule 1 of the Principal Determination, adjusting the scope of the flooding event to include additional heavy rain in February 2009.
The obligations imposed by the Amendment Determination on the parties or entities it governs are primarily to align with the extended eligibility period for the AGDRP. The determination ensures that those adversely affected by the flooding in the specified regions during the extended period are considered for the payment. This includes ensuring that relevant authorities, such as the Department of Human Services, appropriately recognise and process claims from individuals who meet the updated criteria.
Breaching the requirements set out in the Amendment Determination could lead to civil or criminal consequences, although specific offences and penalties are not detailed within the text. Given that the determination is a legislative instrument under Section 1061L of the Social Security Act 1991, non-compliance with its provisions could result in legal action under relevant laws. The maximum penalties for such breaches would typically be determined by the applicable legislation governing the Social Security Act, which could include fines or other sanctions as deemed appropriate by the courts.