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.
Overview
The Social Security (Australian Government Disaster Recovery Payment) Amendment Determination 2010 (No. 1) was enacted to address the need for an immediate legislative response to the evolving situation of the major disaster caused by storm damage and flooding in Queensland. This legislation was introduced to amend the initial determination made under the Social Security Act 1991, in order to expand the scope of the Australian Government Disaster Recovery Payment (AGDRP) to cover additional affected areas. The determination was made by the Minister under section 36 of the Act, following the significant impact of the disaster, necessitating a Commonwealth Government response. The Amendment Determination extends the major disaster declaration to include the Murweh, Maranoa, Quilpie and Western Downs regional council areas of Queensland, ensuring that all individuals adversely affected by the storm damage and flooding are eligible for the AGDRP.
The policy objective of this Amendment Determination is to provide timely financial support to those Australians adversely affected by the disaster, thereby facilitating their recovery efforts. The determination was enacted swiftly, without undergoing formal consultation or disallowance by the Parliament, reflecting the urgency required in response to the disaster's progression. This amendment ensures that the AGDRP covers all areas impacted by the flooding, providing necessary assistance to a broader group of affected individuals.
Scope and Application
The Social Security (Australian Government Disaster Recovery Payment) Amendment Determination 2010 (No. 1) applies to individuals who have been adversely affected by the storm damage and associated flooding that began on 1 March 2010 in specified regional council areas of Queensland and subsequently affected other areas downstream. This determination provides an immediate, one-off payment to those who meet the criteria set out under section 1061K of the Social Security Act 1991, specifically being adversely affected by the major disaster. The Minister’s authority under section 36 of the Act allows for the declaration of events as major disasters, with the determination of adverse effects under section 1061L. This amendment ensures the coverage of the disaster extends to additional areas, aligning with the Minister’s amending declaration. Notably, the Amendment Determination is not subject to disallowance by the Parliament, and it was enacted without formal consultation due to the urgency of the situation.
Key Provisions
The main operative sections of the Social Security (Australian Government Disaster Recovery Payment) Amendment Determination 2010 (No. 1) (the Amendment Determination) are Sections 1, 2, and 3, along with Schedule 1. Section 1 specifies the name of the determination, Section 2 provides the commencement date, and Section 3 indicates that the Principal Determination is amended as detailed in Schedule 1. Schedule 1 outlines the specific areas and dates affected by the disaster, extending the coverage to include the Murweh, Maranoa, Quilpie, and Western Downs regional council areas of Queensland and any downstream areas affected from 1 March 2010.
The Amendment Determination imposes certain obligations and requirements on the entities it governs. Primarily, it requires the Social Security Act 1991 (the Act) to be interpreted in a manner that recognises the expanded scope of the major disaster as declared by the Minister. It also mandates that the Australian Government Disaster Recovery Payment (AGDRP) be made available to those adversely affected by the storm damage and flooding in the specified areas from 1 March 2010. The determination ensures that the payment process aligns with the expanded criteria for eligibility as set out in Section 1061K of the Act.
Failure to comply with the requirements set out in the Amendment Determination may lead to civil or criminal consequences. While the text does not specify penalties, it is reasonable to infer that non-compliance could result in legal action, as the determination is a legislative instrument and not subject to disallowance (subsection 1061L(3) of the Act). The penalties for such breaches could include fines or other sanctions as prescribed by the relevant laws governing the administration of social security payments.
The urgency and necessity of the Amendment Determination meant that formal consultation was not undertaken. This determination was necessitated by the evolving nature of the disaster, which required an immediate response to ensure that all affected individuals received the necessary support. The Minister's declaration under section 36 of the Act, recognising the major disaster, underpins the necessity for this amendment to extend the coverage area and provide timely assistance to those in need.