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.
Overview
The Social Security (Australian Government Disaster Recovery Payment) Amendment Determination 2011 (No. 1) was enacted to provide immediate legislative support in response to the major flooding in New South Wales caused by the flow of floodwater from Queensland in late 2010 and early 2011. This determination, made by the Minister for Social Services under the authority of the Social Security Act 1991, aims to ensure that individuals adversely affected by the disaster are eligible for the Australian Government Disaster Recovery Payment (AGDRP). By amending the earlier Social Security (Australian Government Disaster Recovery Payment) Determination 2011 (No. 2), this legislative instrument adjusts the qualifying date for the payment, thereby extending the timeframe for eligibility and providing necessary relief to those impacted by the disaster. The policy objective of this amendment is to offer prompt financial assistance to those who have been significantly affected by the major disaster, ensuring they receive the support needed in the aftermath of the event.
Scope and Application
The Social Security (Australian Government Disaster Recovery Payment) Amendment Determination 2011 (No. 1) amends the Social Security (Australian Government Disaster Recovery Payment) Determination 2011 (No. 2) to adjust the date for eligibility for the Australian Government Disaster Recovery Payment (AGDRP) from 14 January 2011 to 15 January 2011. The Act applies to individuals who have been adversely affected by a major disaster, as determined by the Minister, in this case, the flooding in New South Wales caused by the flow of floodwater from Queensland. This legislation provides a one-off payment to those significantly impacted by the disaster, with the Minister empowered to declare an event a "major disaster" if it warrants a Commonwealth Government response. The Amendment Determination (No. 1) does not undergo disallowance by the Parliament and was enacted without formal consultation due to the urgency of the situation. This instrument extends the application of the Act by adjusting the eligibility date, ensuring that affected individuals within the specified timeframe receive the necessary support.
Key Provisions
The Social Security (Australian Government Disaster Recovery Payment) Amendment Determination 2011 (No. 1) (Amendment Determination (No. 1)) amends the earlier determination made by the Minister in response to the declared major disaster, specifically modifying the date in Schedule 1 of the Social Security (Australian Government Disaster Recovery Payment) Determination 2011 (No. 2) from 14 January 2011 to 15 January 2011 (section 3). This adjustment is aimed at ensuring that the provisions of the AGDRP are correctly aligned with the timeline of the disaster and its impact on the affected areas. The Amendment Determination (No. 1) specifies its name in section 1, and it commences on the date it is registered as stated in section 2. Section 1061L(3) of the Social Security Act 1991 (the Act) clarifies that this determination is a legislative instrument and is not subject to disallowance by the Parliament.
The Amendment Determination (No. 1) imposes obligations on the entities it governs by ensuring that the timing of the AGDRP payments aligns with the timeline of the disaster, as declared by the Minister. This amendment aims to provide timely support to those adversely affected by the major disaster. The determination requires the relevant authorities to adhere to the new date specified in Schedule 1 of the Amendment Determination (No. 1), thereby ensuring that the payments are issued to eligible persons in a timely and efficient manner. The urgency of the situation necessitated the amendment without formal consultation, as stated in the explanatory statement.
There are no specific offences, penalties, or civil/criminal consequences outlined in the Amendment Determination (No. 1) itself. However, the failure to comply with the requirements of the Act, including the timelines specified in the Amendment Determination (No. 1), could potentially lead to legal consequences for the relevant authorities. For instance, if the authorities fail to issue the AGDRP payments in accordance with the amended schedule, this could result in legal action being taken against them for not fulfilling their obligations under the Act. The penalties for such failures would be determined by the courts based on the specific circumstances and the extent of the non-compliance.