Explanatory Statement
Social Security (Australian Government Disaster Recovery Payment) Amendment Determination 2010 (No. 2)
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 (the original declaration).
On 6 March 2010, the Minister amended the original declaration to include the Quilpie and Western Downs regional council areas which were also impacted by the floods. This declaration also changed the date of the major disaster to 1 March 2010, to more accurately reflect the commencement of the major disaster.
The Minister makes this further amendment to the original declaration as amended on 6 March 2010 to add the Banana Shire Council to the areas affected by the major disaster. This declaration declared “the storm damage and associated flooding that began on 1 March 2010 and affected the Banana, Murweh, Maranoa, Quilpie and Western Downs Regional or Shire Council areas of Queensland and continued on to affect other areas of Queensland downstream from the Banana, Murweh, Maranoa, Quilpie and Western Downs Regional or Shire Council areas” to be a major disaster.
The Social Security (Australian Government Disaster Recovery Payment) Amendment Determination 2010 (No. 2) (the Amendment Determination No. 2) amends the Social Security (Australian Government Disaster Recovery Payment) Determination 2010 (No. 1) (the Principal Determination). The Amendment Determination No. 2 gives effect to the Minister’s most recent declaration under section 36 of the Act. It is intended to enable persons living in the Banana Shire Council (or areas downstream) to be able to make a claim for an AGDRP, in addition to the areas of Queensland that were previously covered.
Section 1 of the Amendment Determination No. 2 specifies the name of the determination.
Section 2 of the Amendment Determination No. 2 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 No. 2 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 Banana, Murweh, Maranoa, Quilpie and Western Downs Regional or Shire Council areas of Queensland and continued on to affect other areas of Queensland downstream from the Banana, Murweh, Maranoa, Quilpie and Western Downs Regional or Shire Council areas.
Subsection 1061L(3) of the Act provides that a determination under section 1061L is a legislative instrument.
The Amendment Determination No. 2 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 No. 2).
Formal consultation has not been undertaken as the Amendment Determination No. 2 was required as a matter of urgency.
Overview
The Social Security (Australian Government Disaster Recovery Payment) Amendment Determination 2010 (No. 2) was enacted to address the need for timely and effective support to Australians adversely affected by a major disaster, specifically the widespread flooding in Queensland in early 2010. This legislative amendment was introduced by the Minister for Social Services under the authority granted by the Social Security Act 1991, aiming to expand the eligibility criteria for the Australian Government Disaster Recovery Payment (AGDRP) to include additional areas impacted by the disaster. The amendment was necessitated by the evolving nature of the disaster, requiring adjustments to the initial declaration to ensure that all affected regions were covered. The policy objective is to provide immediate financial assistance to individuals who have been adversely affected by the disaster, thereby aiding in their recovery and resilience.
Scope and Application
The Social Security (Australian Government Disaster Recovery Payment) Amendment Determination 2010 (No. 2) applies to individuals who have been adversely affected by the major disaster declared under the Social Security Act 1991, specifically the storm damage and associated flooding that began on 1 March 2010 in the Banana, Murweh, Maranoa, Quilpie, and Western Downs Regional or Shire Council areas of Queensland, and continued downstream to other areas. This determination ensures that eligible persons in these regions can claim the Australian Government Disaster Recovery Payment. The Act applies to the Commonwealth jurisdiction, and its geographic reach is limited to the specified council areas in Queensland. There are no stated exclusions or exemptions within the text, but eligibility is contingent on being adversely affected by the disaster as determined by the Minister. The determination is not subject to disallowance by Parliament, reflecting its urgent nature, and formal consultation was bypassed due to the immediacy of the situation. The application of the Act may be further refined or extended through subordinate instruments made by the Minister.
Key Provisions
The Social Security (Australian Government Disaster Recovery Payment) Amendment Determination 2010 (No. 2) amends the Social Security (Australian Government Disaster Recovery Payment) Determination 2010 (No. 1), to expand the scope of the Australian Government Disaster Recovery Payment (AGDRP). This Amendment Determination No. 2 is intended to enable people living in the Banana Shire Council area of Queensland to claim the AGDRP, in addition to the areas of Queensland already covered (Section 3). This is in response to the Minister’s declaration that the storm damage and associated flooding that began on 1 March 2010 and affected the Banana, Murweh, Maranoa, Quilpie and Western Downs Regional or Shire Council areas of Queensland and continued on to affect other areas of Queensland downstream from these regions is a major disaster (Section 3, Schedule 1 Item 1). The Amendment Determination No. 2 specifies the name of the determination (Section 1) and provides that it commences on the date it is signed (Section 2).
The Amendment Determination No. 2 imposes certain obligations on the parties it governs. The Act requires that to qualify for the AGDRP, a person must be “adversely affected by a major disaster” (Section 1061K). For the purposes of the Act, a person is adversely affected by a major disaster if they are affected by the disaster in a way determined by the Minister in relation to the disaster (Subsection 1061L(1)). The Minister may determine in writing the circumstances in which persons are to be taken to be adversely affected by the disaster (Subsection 1061L(2)). The Minister is also empowered 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 (Section 36).
There are no specific offences, penalties, or civil/criminal consequences for breach outlined in the Amendment Determination No. 2. However, any failure to comply with the requirements of the Social Security Act 1991 could result in penalties under that Act. It is also worth noting that the Amendment Determination No. 2 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 No. 2). Formal consultation has not been undertaken as the Amendment Determination No. 2 was required as a matter of urgency.