Explanatory Statement
Social Security (Australian Government Disaster Recovery Payment) Amendment Determination 2013 (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 2013 (No. 1), relating to Tasmania, which sets out the circumstances in which persons are taken to be adversely affected by the major disaster. The amendment adds the affected area of Ellendale, Tasmania to the definition of major disaster. The reason for the change is that impact assessments have confirmed that Ellendale has been impacted by the bushfires and given the severity of the impact on the State of Tasmania as a whole, extending the AGDRP to the area of Ellendale is appropriate.
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 2013 (No. 1) was enacted to address the urgent need for financial assistance to Australians adversely affected by major disasters. This determination, made under the authority of the Social Security Act 1991, amends the Social Security (Australian Government Disaster Recovery Payment) Determination 2013 (No. 1) by expanding the list of affected areas in Tasmania, specifically adding Ellendale to the definition of areas impacted by a major disaster. This amendment was necessitated by the confirmation of significant bushfire impacts on Ellendale, reinforcing the necessity for the Australian Government Disaster Recovery Payment (AGDRP) to extend support to this additional area. The policy objective behind this determination is to provide timely financial relief to those most affected by the disaster, ensuring that no eligible individual is left unsupported due to the administrative delays that might accompany formal consultation processes in emergency situations.
This amendment determination was enacted by the Australian Government and is not subject to disallowance by the Parliament, as stipulated in subsection 1061L(3) of the Social Security Act 1991. The urgency of the situation precluded formal consultation, allowing for immediate implementation to provide necessary support to those in need.
Scope and Application
The Social Security (Australian Government Disaster Recovery Payment) Amendment Determination 2013 (No. 1) applies to individuals who have been adversely affected by a major disaster in Australia, with this particular amendment focusing on extending the coverage to the area of Ellendale in Tasmania. This Determination amends the Social Security (Australian Government Disaster Recovery Payment) Determination 2013 (No. 1) to include Ellendale within the scope of the Australian Government Disaster Recovery Payment (AGDRP). This payment is designed to provide a one-off financial assistance to Australians who have suffered due to a major disaster. The amendment was made in response to assessments confirming that Ellendale was impacted by the bushfires, and considering the overall severity of the impact on the state of Tasmania, it was deemed appropriate to extend the AGDRP to this area. The jurisdictional reach of this Determination is Commonwealth, as it pertains to the Social Security Act administered by the Australian Government. This legislative instrument is not subject to disallowance under the Legislative Instruments Act 2003, as specified in the Social Security Act. Given the urgency of the situation, formal consultation was not undertaken in the preparation of this Determination.
Key Provisions
The main operative sections of the Social Security (Australian Government Disaster Recovery Payment) Amendment Determination 2013 (No. 1) include the amendment to Schedule 1 of the Social Security (Australian Government Disaster Recovery Payment) Determination 2013 (No. 1). This amendment, as indicated in section 3, modifies the definition of a major disaster to include the affected area of Ellendale, Tasmania. This change is intended to ensure that individuals in Ellendale who have been adversely affected by the bushfires can access the Australian Government Disaster Recovery Payment (AGDRP). The amendment effectively expands the geographical scope of the AGDRP to encompass Ellendale, thereby providing financial assistance to those who need it most due to the severe impact of the disaster.
The Act imposes specific obligations on the entities and individuals it governs, primarily ensuring that those adversely affected by the major disaster in Ellendale are eligible for the AGDRP. The determination clarifies that the impact assessments have confirmed the severity of the bushfires in Ellendale, making it necessary to extend the payment coverage to this area. This legislative change is designed to provide timely and necessary support to those who have suffered as a result of the disaster. By amending Schedule 1, the Act ensures that the AGDRP is accessible to all eligible individuals in the newly defined affected area.
In terms of consequences for non-compliance or breaches of the Act, it is important to note that this instrument is not subject to disallowance by the Parliament, as per subsection 1061L(3) of the Act. Additionally, formal consultation was not undertaken due to the urgent nature of the amendment. While the Determination does not explicitly outline specific penalties for breaches, it is understood that failure to comply with the provisions of the AGDRP could result in civil or criminal consequences depending on the nature and extent of the breach. The severity of these consequences would be determined by the relevant authorities in accordance with existing laws and regulations.