Explanatory Statement
Social Security (Australian Government Disaster Recovery Payment) Amendment Determination 2010 (No. 1)
The Australian Government Disaster Recovery Payment (the AGDRP) provides an immediate, one-off payment to Australians adversely affected by a major disaster.
Section 1061K of the Social Security Act 1991 (the Act) specifies the qualification criteria for the AGDRP. One of the qualification criteria requires a person to be “adversely affected by a major disaster”.
Subsection 1061L(1) of the Act provides that, for the purposes of the Act, “a person is adversely affected by a major disaster if the person is affected by the disaster in a way determined by the Minister in relation to the 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”.
Section 36 of the Act empowers the Minister to determine in writing that an event is a “major disaster” if the Minister is satisfied that an event is a disaster that has such a significant impact on individuals that a Commonwealth Government response is required.
The Minister made a declaration on 4 March 2010, under section 36 of the Act that declared “the storm damage and associated flooding that began on 2 March 2010 in the Murweh and Maranoa regional council areas of Queensland and continued on to affect other areas of Queensland downstream from the Murweh and Maranoa regional council areas” to be a major disaster.
Subsequently storm damage and associated flooding affected other areas of Queensland. The Minister amended the original section 36 declaration in recognition that the damage and flooding had spread to these further areas of Queensland. The amendment also changes the date of commencement of the storms from 2 March to 1 March to more accurately describe the commencement of the relevant major disaster.
The Social Security (Australian Government Disaster Recovery Payment) Amendment Determination 2010 (No. 1) (the Amendment Determination) amends the Social Security (Australian Government Disaster Recovery Payment) Determination 2010 (No. 1) (the Principal Determination). The Amendment Determination gives effect to the Minister’s amending declaration under section 36 of the Act.
The Amendment Determination extends the major disaster to the storm damage and associated flooding that began on 1 March 2010 and affected the Murweh, Maranoa, Quilpie and Western Downs regional council areas of Queensland and continued on to affect other areas of Queensland downstream from the Murweh, Maranoa, Quilpie and Western Downs regional council areas.
This covers 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 storm damage and associated flooding that began on 1 March 2010 and affected the Murweh, Maranoa, Quilpie and Western Downs regional council areas of Queensland and continued on to affect other areas of Queensland downstream from the Murweh, Maranoa, Quilpie and Western Downs regional council areas.
Subsection 1061L(3) of the Act provides that a determination under section 1061L is a legislative instrument.
The Amendment Determination is not subject to disallowance by the Parliament (subsection 1061L(3) of the Act provides that section 42 of the Legislative Instruments Act 2003 does not apply to the Amendment Determination).
Formal consultation has not been undertaken as the Amendment Determination was required as a matter of urgency.