Explanatory Statement
Social Security (Australian Government Disaster Recovery Payment) Amendment Determination 2012 (No. 4)
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), 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 Township of Ungarie 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 Township of Ungarie 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. 4) was enacted to address a specific gap in the provision of disaster relief payments for residents of the NSW Township of Ungarie, who were severely impacted by floods. This determination, introduced by the Australian Government, amends the Social Security (Australian Government Disaster Recovery Payment) Determination 2012 (No. 4) to include the township within the scope of the Australian Government Disaster Recovery Payment (AGDRP). The policy objective of this amendment is to extend the AGDRP to provide necessary financial assistance to those adversely affected by the major disaster in Ungarie. The urgency of the situation meant that formal consultation was not undertaken, reflecting the need for immediate action to support those in need.
This amendment determination was made under the authority of subsection 1061L(3) of the Social Security Act 1991 and is considered a legislative instrument that is not subject to disallowance by the Parliament, as per subsection 1061L(3) of the Act, which exempts it from section 42 of the Legislative Instruments Act 2003. The determination aims to ensure that affected individuals in Ungarie receive the necessary support without delay.
Scope and Application
The Social Security (Australian Government Disaster Recovery Payment) Amendment Determination 2012 (No. 4) is a legislative instrument designed to address the immediate needs of Australians affected by major disasters by amending the definition of circumstances under which persons are considered adversely impacted. This specific amendment pertains to the New South Wales (NSW) floods and extends the scope of the Australian Government Disaster Recovery Payment (AGDRP) to include the NSW Township of Ungarie. This change was prompted by further assessments conducted by the NSW Government, which revealed that the Township of Ungarie experienced significant impacts from the floods, justifying the extension of Commonwealth assistance through the AGDRP. The amendment is not subject to disallowance by the Parliament, as stipulated by subsection 1061L(3) of the Act, and it was enacted without formal consultation due to the urgent nature of the situation. This Determination is a critical component in the provision of timely financial support to individuals and communities severely affected by natural disasters.
Key Provisions
The main operative sections of the Social Security (Australian Government Disaster Recovery Payment) Amendment Determination 2012 (No. 4) involve the amendment of Schedule 1 to the Social Security (Australian Government Disaster Recovery Payment) Determination 2012 (No. 4). This amendment adds the NSW Township of Ungarie to the definition of areas adversely affected by a major disaster (Section 3). The addition of Ungarie is based on further assessments by the NSW Government, which confirmed the severe impact of the floods in that area (Section 3). This amendment ensures that individuals in Ungarie who have been adversely affected by the disaster are eligible for the Australian Government Disaster Recovery Payment (AGDRP), a one-off payment intended to assist those impacted by major disasters (Section 1061L(3)).
The Act imposes specific obligations and requirements on the entities and individuals it governs. Firstly, it requires the Australian Government to provide the AGDRP to persons adversely affected by a major disaster, as defined in Schedule 1 (Section 3). This includes ensuring that the payment is made to eligible individuals residing in areas, such as the NSW Township of Ungarie, which have been officially recognised as having been severely impacted by a major disaster (Section 3). Additionally, the Act mandates that the payment is a one-off amount and not to be considered as income for the purposes of other social security benefits (Section 1061L(3)).
There are no explicit offences, penalties, or civil/criminal consequences mentioned for breach of this Determination. However, it is implicit that failure to correctly administer the AGDRP in accordance with the provisions of the Act could result in legal and administrative repercussions for the government or relevant authorities. The urgency of this Determination suggests the importance of timely and accurate implementation to provide necessary support to affected individuals (Section 3). The instrument is also noted to be not subject to disallowance by the Parliament, highlighting its binding nature (subsection 1061L(3)).