Explanatory Statement
Social Security (Australian Government Disaster Recovery Payment) Amendment Determination 2011 (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 36 of the Social Security Act 1991 (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.
Section 1061K of 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”.
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) was 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) affected the following Local Government Areas of the State of New South Wales at any time in the period starting on 10 January 2011 and ending on 31 January 2011:
(i) the Clarence Valley, Central Darling and Mid Western Regional Local Government Areas of the State of New South Wales;
(ii) the natural disaster declared Local Government Areas in the Northern and North Western Regions of the State of New South Wales.
That declaration is the Social Security (New South Wales floods) Determination 2011 (No. 3). It also provides that, for the purposes of subsection 1061L(2) of the Act, a person is adversely affected by the major disaster if the person is affected in the way mentioned in Schedule 2 to the Determination.
This Determination amends Schedule 1 to the Social Security (Australian Government Disaster Recovery Payment) Determination 2011 (No. 2), which sets out the circumstances in which persons are taken to be adversely affected by the major disaster. The amendment changes a key date from 15 January 2011 to 15 July 2011. The reason for the change is that further assessments were carried out at the request of the Hon Sussan Ley MP (Member for Farrer, New South Wales) to measure the impact of the floods. The finding of these assessments confirmed that the Local Government Area of Central Darling had been severely impacted by the floods and further Commonwealth assistance, by extending the AGDRP, would be reasonable.
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 the Determination was required as a matter of urgency.
Overview
The Social Security (Australian Government Disaster Recovery Payment) Amendment Determination 2011 (No. 2) was enacted to address the need for urgent financial assistance for Australians adversely affected by major disasters. This amendment was introduced following the significant flooding in New South Wales in early 2011, which required an immediate Commonwealth response. The determination amends the Social Security (Australian Government Disaster Recovery Payment) Determination 2011 (No. 2), specifically extending the eligibility period for the Australian Government Disaster Recovery Payment (AGDRP) from 15 January 2011 to 15 July 2011. This extension was based on further assessments that confirmed the severe impact of the floods on the Central Darling Local Government Area, necessitating additional support. The amendment was made under the authority of section 1061L of the Social Security Act 1991, which empowers the Minister to determine the circumstances in which individuals are considered adversely affected by a major disaster. The objective of this determination is to provide timely and targeted assistance to those who have been significantly impacted by the disaster.
Scope and Application
The Social Security (Australian Government Disaster Recovery Payment) Amendment Determination 2011 (No. 2) applies to individuals who have been adversely affected by the major disaster declared under section 36 of the Social Security Act 1991, specifically the flooding in the State of New South Wales caused by the flow of floodwater from Queensland between November 2010 and January 2011. The determination amends the circumstances in which persons are taken to be adversely affected by the disaster, extending the eligibility period for the Australian Government Disaster Recovery Payment from 15 January 2011 to 15 July 2011 following further assessments confirming the severe impact on the Central Darling Local Government Area. This amendment ensures that those who were adversely affected by the disaster in the specified timeframe are eligible for the payment. The Determination does not undergo disallowance by the Parliament, and no formal consultation was undertaken due to the urgency of the situation.
Key Provisions
The Social Security (Australian Government Disaster Recovery Payment) Amendment Determination 2011 (No. 2) amends the Social Security (Australian Government Disaster Recovery Payment) Determination 2011 (No. 2) to extend the eligibility period for the Australian Government Disaster Recovery Payment (AGDRP) (sections 1 and 2). Specifically, it modifies the date from 15 January 2011 to 15 July 2011, based on further assessments of the impact of the floods in New South Wales, particularly in the Local Government Area of Central Darling. This change ensures that more individuals adversely affected by the floods qualify for the AGDRP.
Entities or individuals governed by this Act must adhere to the specific conditions outlined in the amended determination. These conditions include the extended eligibility period for the AGDRP, which now covers individuals affected by the floods up until 15 July 2011. To qualify for the payment, an individual must be adversely affected by the major disaster in the manner specified by the Minister in Schedule 2 of the Determination. The affected individuals must provide necessary documentation to substantiate their claim for the AGDRP.
The Act does not specify any offences or penalties for non-compliance with the AGDRP provisions. However, incorrect claims or fraudulent applications could potentially lead to civil or criminal consequences, including the recovery of payments made and prosecution under other relevant laws. The maximum penalties for such offences would depend on the specific laws under which the prosecution occurs, rather than the Social Security Act itself.