Explanatory Statement
Social Security (Australian Government Disaster Recovery Payment) Amendment Determination 2011 (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 has made a declaration under section 36 of the Act that applies to the flooding in the State of New South Wales that:
(a) is caused by the flow of floodwater from the State of Queensland that:
(i) began in November 2010; and
(ii) continued in January 2011; and
(b) affects natural disaster declared Local Government Areas in the Northern Region of the State of New South Wales and the Clarence Valley Local Government Area, at any time in the period starting on 10 January 2011 and ending on 31 January 2011.
The Social Security (Australian Government Disaster Recovery Payment) Amendment Determination 2011 (No. 1) (Amendment Determination (No. 1)) amends the Social Security (Australian Government Disaster Recovery Payment) Determination 2011 (No.2) (Determination No. 2) made by the Minister on 14 January 2011.
The new Determination amends the date in Schedule 1 of Determination No. 2 to 15 January 2011.
Section 1 of Amendment Determination (No. 1) specifies the name of the determination.
Section 2 of Amendment Determination (No. 1) provides that it commences on the date it is registered.
Section 3 provides that Schedule 1 of the Amendment Determination (No.1) amends the Social Security (Australian Government Disaster Recovery Payment) Determination 2011 (No. 2).
Schedule 1 to Amendment Determination (No. 1) provides that 14 January is omitted and replaced with 15 January in the Social Security (Australian Government Disaster Recovery Payment) Determination 2011 (No. 2).
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 provides that section 42 of the Legislative Instruments Act 2003 does not apply to the determination).
Formal consultation has not been undertaken as Determination (No. 2) was required as a matter of urgency.