Explanatory Statement
Social Security (Australian Government Disaster Recovery Payment) Amendment Determination 2012 (No.1)
The Australian Government Disaster Recovery Payment (the AGDRP) provides a one-off payment to Australians adversely affected by a major disaster.
This Determination amends Schedule 1 to the Social Security (Australian Government Disaster Recovery Payment) Determination 2012 (No. 1), with Federal Register of Legislative Instruments number F2012L00191 and relating to New South Wales, which sets out the circumstances in which persons are taken to be adversely affected by the major disaster. The amendment adds the NSW Local Government Area of Walgett to the definition of major disaster. The reason for the change is that further assessments were carried out by the NSW Government to measure the impact of the floods. The finding of these assessments confirmed that the Local Government Area of Walgett has 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 2012 (No. 1) was enacted to address the urgent need for extending support to Australians adversely affected by major disasters, particularly in light of further assessments indicating severe impacts from floods. The amendment adds the NSW Local Government Area of Walgett to the list of areas qualifying for the Australian Government Disaster Recovery Payment (AGDRP). This addition was based on findings from the NSW Government that confirmed Walgett's severe impact from the floods, thereby justifying the extension of Commonwealth assistance. The amendment was made under the authority provided by subsection 1061L(3) of the Act, which allows for the creation of legislative instruments through determinations. Notably, this instrument is exempt from disallowance by the Parliament, as specified under subsection 1061L(3) of the Act, and it was enacted without formal consultation due to the urgency of the situation.
Scope and Application
The Social Security (Australian Government Disaster Recovery Payment) Amendment Determination 2012 (No. 1) amends the Social Security (Australian Government Disaster Recovery Payment) Determination 2012 (No. 1) to extend the eligibility for the Australian Government Disaster Recovery Payment (AGDRP) to include the NSW Local Government Area of Walgett. This Determination applies to individuals who have been adversely affected by a major disaster within the specified geographic area, thereby qualifying them for the one-off payment provided under the AGDRP. This legislative instrument was necessitated by additional assessments conducted by the NSW Government, which confirmed the severe impact of the floods in Walgett, justifying the need for further Commonwealth assistance. The Determination does not apply to areas outside of the specified NSW Local Government Area of Walgett and is not subject to disallowance by the Parliament. Given the urgency of the situation, formal consultation was not undertaken before the making of this Determination.
Key Provisions
The Social Security (Australian Government Disaster Recovery Payment) Amendment Determination 2012 (No.1) (the Determination) amends the Social Security (Australian Government Disaster Recovery Payment) Determination 2012 (No. 1), which was registered under the Federal Register of Legislative Instruments as F2012L00191. This amendment specifically modifies Schedule 1 to include the NSW Local Government Area of Walgett within the definition of areas adversely affected by a major disaster. This change was made based on further assessments conducted by the NSW Government that confirmed the severe impact of floods in Walgett, warranting an extension of the Australian Government Disaster Recovery Payment (AGDRP) to this area. The AGDRP is intended to provide a one-off payment to Australians adversely affected by a major disaster.
The Determination imposes obligations on the Australian Government to extend the eligibility for the AGDRP to residents of Walgett who have been adversely affected by the floods. This extension is aimed at providing financial assistance to those who have suffered due to the disaster, thereby helping them to recover and rebuild. The amendment also formalises the inclusion of Walgett in the list of areas covered under the AGDRP, ensuring that affected individuals in this region can access the necessary support.
In terms of legal consequences, the Determination does not specify any particular offences or penalties for breaches within its scope. However, it is a legislative instrument that provides clarity on who qualifies for the AGDRP and ensures that the payment is administered correctly. The Determination itself is not subject to disallowance by the Parliament, as stipulated in subsection 1061L(3) of the Act, which excludes it from the application of section 42 of the Legislative Instruments Act 2003. The urgency of the situation meant that formal consultation was not undertaken when drafting this amendment.