Explanatory Statement
Social Security (Australian Government Disaster Recovery Payment) Amendment Determination 2012 (No. 3)
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. 4), with Federal Register of Legislative Instruments number F2012L00676 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 Areas of Coolamon, Gundagai, Tumbarumba and Tumut 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 Areas of Coolamon, Gundagai, Tumbarumba and Tumut 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).
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. 3) was enacted to address the issue of providing adequate financial support to Australians adversely affected by major disasters. This amendment was necessitated by the need to extend the Australian Government Disaster Recovery Payment (AGDRP) to additional local government areas in New South Wales that were severely impacted by floods. The Australian Government Disaster Recovery Payment provides a one-off payment to individuals who have suffered due to major disasters, aiming to offer immediate financial relief. The determination was made by the Australian government and amends the Social Security (Australian Government Disaster Recovery Payment) Determination 2012 (No. 4), expanding the list of eligible areas to include Coolamon, Gundagai, Tumbarumba, and Tumut, following assessments confirming their severe impact from the floods. The policy objective is to ensure that those who have been adversely affected by major disasters receive timely and necessary assistance from the Commonwealth.
Scope and Application
The Social Security (Australian Government Disaster Recovery Payment) Amendment Determination 2012 (No. 3) amends the Social Security (Australian Government Disaster Recovery Payment) Determination 2012 (No. 4) to extend the eligibility for the Australian Government Disaster Recovery Payment (AGDRP) to include additional local government areas in New South Wales that have been adversely affected by a major disaster. This legislative instrument applies to individuals who reside in the specified local government areas of Coolamon, Gundagai, Tumbarumba, and Tumut, who have suffered adverse impacts as a result of the disaster. The amendment is geographically confined to New South Wales and is enacted under the authority of the Social Security Act 1991. This Act applies to the Commonwealth jurisdiction, thus extending its reach to affected individuals within the designated areas. Notably, this instrument is exempt from disallowance under subsection 1061L(3) of the Act, which clarifies that section 42 of the Legislative Instruments Act 2003 does not apply to this determination. Given the urgency of the situation, formal consultation processes were not undertaken before the amendment's implementation.
Key Provisions
The Social Security (Australian Government Disaster Recovery Payment) Amendment Determination 2012 (No. 3) amends the definition of major disaster under the Social Security (Australian Government Disaster Recovery Payment) Determination 2012 (No. 4). Specifically, it incorporates additional Local Government Areas (LGAs) in New South Wales into the scope of areas adversely affected by a major disaster, making them eligible for the Australian Government Disaster Recovery Payment (AGDRP). The added LGAs are Coolamon, Gundagai, Tumbarumba, and Tumut (subsection 1061L(3) of the Act). This amendment was necessitated by additional assessments conducted by the NSW Government, which confirmed the severe impact of floods in these areas.
The Determination imposes specific obligations on the entities and individuals it governs. For instance, it requires that those adversely affected by the disaster in the newly included LGAs must meet the eligibility criteria to receive the AGDRP. This includes demonstrating that they have suffered a direct impact due to the disaster. The determination also mandates that the Department of Human Services will process applications from residents of these LGAs in the same manner as those from other eligible areas. The Department must ensure that the application process is transparent and that affected individuals are provided with clear information about the assistance available to them.
There are no direct offences or penalties specified in this Determination. However, the failure to comply with the requirements of the AGDRP, such as providing false or misleading information in an application, could potentially lead to civil or criminal consequences under the Social Security Act 1991. For example, knowingly providing false information could be considered fraud, which carries a maximum penalty of five years imprisonment under Section 133.1 of the Criminal Code Act 1995. Additionally, individuals found to have misused the AGDRP may be required to repay the amount received, and there could be implications for future eligibility for government benefits.