Explanatory Statement
Social Security (Australian Government Disaster Recovery Payment) Amendment Determination 2012 (No. 2)
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. 3), which sets out the circumstances in which persons are taken to be adversely affected by the major disaster. The amendment adds the Victorian Local Government Areas (LGAs) of Indigo and Towong to the definition of major disaster. The reason for the change is that further assessments were carried out by the Victorian Government to measure the impact of the floods. The finding of these assessments confirmed that the LGAs of Indigo and Towong have 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).
Consultation on impact assessments has been undertaken with Victorian Government officials.
Overview
The Social Security (Australian Government Disaster Recovery Payment) Amendment Determination 2012 (No. 2) was enacted to address the need for additional financial support for Australians severely impacted by major disasters, particularly in response to the floods in specific local government areas. This amendment to the Social Security (Australian Government Disaster Recovery Payment) Determination 2012 (No. 3) was introduced by the Australian Government to extend the scope of the Australian Government Disaster Recovery Payment (AGDRP), which provides a one-off payment to individuals adversely affected by major disasters. The determination adds the Victorian Local Government Areas of Indigo and Towong to the definition of a major disaster, following assessments that confirmed the severity of the impact of the floods in these areas. The policy objective is to ensure that those in need receive the necessary Commonwealth assistance by broadening the eligibility criteria for the AGDRP. This legislative instrument is not subject to disallowance by the Parliament, as stipulated by subsection 1061L(3) of the Act.
Scope and Application
The Social Security (Australian Government Disaster Recovery Payment) Amendment Determination 2012 (No. 2) pertains specifically to the Australian Government Disaster Recovery Payment (AGDRP), a one-off payment available to Australians who have been adversely affected by a major disaster. This particular determination amends the Social Security (Australian Government Disaster Recovery Payment) Determination 2012 (No. 3) to expand the definition of "adversely affected" by including the Victorian Local Government Areas (LGAs) of Indigo and Towong, which were recently identified as severely impacted by flood events through further assessments by the Victorian Government. By virtue of its legislative nature, this amendment applies to individuals residing or affected within the specified LGAs who meet the criteria for adverse impact by a major disaster, thereby qualifying them for the AGDRP. This legislative instrument is not subject to disallowance by the Parliament, as outlined in subsection 1061L(3) of the Social Security Act 1991, which specifies that section 42 of the Legislative Instruments Act 2003 does not apply to this determination. Consultation on the impact assessments was conducted with officials from the Victorian Government to ensure the accuracy and appropriateness of the inclusion of these LGAs.
Key Provisions
The main operative sections of the Social Security (Australian Government Disaster Recovery Payment) Amendment Determination 2012 (No. 2) involve amending the definition of a major disaster under Schedule 1 to the Social Security (Australian Government Disaster Recovery Payment) Determination 2012 (No. 3). Specifically, section 3 of the amendment adds the Victorian Local Government Areas (LGAs) of Indigo and Towong to the list of areas adversely affected by a major disaster (subsection 1061L(3)). This change is based on assessments conducted by the Victorian Government which confirmed the severe impact of the floods in these LGAs, thereby justifying the extension of the Australian Government Disaster Recovery Payment (AGDRP) to include these areas.
The Act imposes obligations on the Australian Government to provide a one-off payment to persons adversely affected by a major disaster, as defined in the amended Schedule 1. The inclusion of the LGAs of Indigo and Towong means that affected individuals in these areas are now eligible for the AGDRP. The Australian Government must ensure that the necessary administrative and logistical arrangements are in place to facilitate the distribution of these payments. This includes verifying the eligibility of applicants and ensuring that payments are made in a timely and efficient manner.
In terms of consequences for breach, the Determination itself does not explicitly outline offences, penalties, or civil/criminal consequences for non-compliance. However, the underlying legislation, the Social Security Act 1991, does provide for penalties in cases of fraud or misrepresentation related to social security payments. Under section 193 of the Social Security Act, an individual who knowingly makes a false or misleading statement in order to obtain a payment can be subject to a penalty. The maximum penalty for such an offence is 2,100 penalty units, which equates to a significant financial penalty, or imprisonment for up to five years, or both. These penalties underscore the seriousness with which the law treats fraudulent claims and misrepresentations in the context of social security benefits.