Explanatory Statement
Social Security (Australian Government Disaster Recovery Payment) Amendment Determination 2013 (No. 10)
The Australian Government Disaster Recovery Payment (AGDRP) provides an immediate, one-off payment to Australians adversely affected by a major disaster.
Section 1061K of the Social Security Act 1991 (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”.
Section 36 of 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.
The Minister has made a declaration under section 36 of the Act that applies to only the bushfires in New South Wales which commenced on 9 October 2013 and continued in October 2013 which as at 18 October 2013 covered the affected Local Government Areas of Blue Mountains, Lake Macquarie, Lithgow, Muswellbrook, Port-Macquarie Hastings, Port Stevens, Wingecarribee, Wollondilly and Wyong.
The Social Security (Australian Government Disaster Recovery Payment) Amendment Determination 2013 (No.10) (Determination (No. 10) gives effect to the declaration referred to above and sets out the circumstances in which a person is to be regarded as “adversely affected” by the bushfires that affected New South Wales.
Section 1 of Determination (No. 10) specifies the name of the determination.
Section 2 of Determination (No. 10) provides that it commences on the date after it is registered.
Section 3 of Determination (No.10) provides that Schedule 1 amends the Social Security (Australian Disaster Recovery Payment) Determination 2013 (No.5).
Schedule 1 to Determination (No. 10) applies to only the bushfires in New South Wales which commenced on 9 October 2013 and continued in October 2013 which as at 18 October 2013 covered the affected Local Government Areas of Blue Mountains, Lake Macquarie, Lithgow, Muswellbrook, Port-Macquarie Hastings, Port Stevens, Wingecarribee, Wollondilly and Wyong.
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 Determination (No. 10) was required as a matter of urgency.
Overview
The Social Security (Australian Government Disaster Recovery Payment) Amendment Determination 2013 (No. 10) was enacted to address the urgent need for financial support for Australians adversely affected by the bushfires in New South Wales in October 2013. This determination was made under the Social Security Act 1991, with the Minister empowered to declare an event as a major disaster when it necessitates a Commonwealth Government response. The problem this determination addresses is the immediate financial hardship faced by individuals in the specified local government areas due to the significant impact of the bushfires. By specifying the circumstances in which a person is considered adversely affected by the disaster, the determination ensures that those in need receive timely and appropriate assistance. The policy objective is to provide swift and effective relief to those affected by the disaster, facilitating their recovery and minimising the socio-economic impact of the event.
Scope and Application
The Social Security (Australian Government Disaster Recovery Payment) Amendment Determination 2013 (No. 10) applies specifically to individuals who have been adversely affected by the bushfires in New South Wales that began on 9 October 2013 and continued through October 2013, covering certain Local Government Areas as of 18 October 2013. This Determination amends the Social Security (Australian Disaster Recovery Payment) Determination 2013 (No.5) to provide clarity on who qualifies for the Australian Government Disaster Recovery Payment (AGDRP) in the context of these particular bushfires. The determination outlines the specific circumstances in which a person is considered adversely affected by the disaster, aligning with the declaration made by the Minister under section 36 of the Social Security Act 1991. This legislation targets Australian citizens or residents who have suffered direct impacts from the bushfires within the designated areas, thereby ensuring they are eligible for the one-off payment intended to aid in their recovery.
Key Provisions
The main operative sections of the Social Security (Australian Government Disaster Recovery Payment) Amendment Determination 2013 (No. 10) are sections 1, 2 and 3. Section 1 specifies the name of the determination, which is the Social Security (Australian Government Disaster Recovery Payment) Amendment Determination 2013 (No. 10). Section 2 states that the determination commences on the date after it is registered. Section 3 explains that Schedule 1 amends the Social Security (Australian Disaster Recovery Payment) Determination 2013 (No. 5). Schedule 1 applies specifically to the bushfires in New South Wales that began on 9 October 2013 and continued into October 2013, covering the affected Local Government Areas of Blue Mountains, Lake Macquarie, Lithgow, Muswellbrook, Port Macquarie Hastings, Port Stevens, Wingecarribee, Wollondilly, and Wyong.
The obligations and requirements imposed by the Act and this determination are primarily on the Minister for Social Services. Under section 36 of the Social Security Act 1991, the Minister is empowered to determine in writing that an event is a "major disaster" if satisfied that it warrants a Commonwealth Government response due to its significant impact on individuals. The determination must specify the circumstances in which a person is to be regarded as "adversely affected" by the disaster, as outlined in section 1061L(2) of the Act. This determination, being a legislative instrument, is not subject to disallowance by Parliament, as stated in subsection 1061L(3) of the Act.
Breach of the provisions outlined in this determination could result in civil or criminal consequences, although specific penalties are not detailed in the explanatory statement. The nature of these consequences would depend on the context in which the breach occurs, such as fraudulent claims for the Australian Government Disaster Recovery Payment. The penalties for such breaches would be determined by the relevant laws governing social security fraud, which could include fines and imprisonment. Given the urgency of the situation, formal consultation was not undertaken, but the determination is intended to provide clarity and expedite support to those adversely affected by the declared disaster.