Explanatory Statement
Social Security (Australian Government Disaster Recovery Payment) Amendment Determination 2013 (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 2013 (No. 3), relating to Queensland, which sets out the circumstances in which persons are taken to be adversely affected by the major disaster. The amendment adds the affected Local Government Areas of North Burnett and Lockyer Valley, Queensland to the definition of major disaster. The reason for the change is that impact assessments have confirmed that North Burnett and Lockyer Valley have been impacted by the floods and given the severity of the impact on the State of Queensland as a whole, extending the AGDRP to the Local Government Areas of North Burnett and Lockyer Valley is appropriate. The amendment also adds that the disaster continued into February 2013 in recognition that the flooding affecting the State of Queensland is ongoing.
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. 2) was enacted to address the need for financial support for Australians affected by major disasters, particularly those in the State of Queensland. This Determination amends the Social Security (Australian Government Disaster Recovery Payment) Determination 2013 (No. 3) to include the Local Government Areas of North Burnett and Lockyer Valley, Queensland, in the definition of major disaster. This amendment was made in response to confirmed impact assessments that these areas were severely affected by the floods, warranting the extension of the Australian Government Disaster Recovery Payment (AGDRP) to provide necessary relief. The policy objective of this amendment is to ensure that those adversely affected by the ongoing flooding in Queensland receive the appropriate financial support. The determination was made by the relevant federal authority and is not subject to disallowance by the Parliament, reflecting the urgent need to provide aid to the affected communities.
Scope and Application
The Social Security (Australian Government Disaster Recovery Payment) Amendment Determination 2013 (No. 2) applies to individuals adversely affected by the major disaster in Queensland, specifically expanding the geographic scope to include the Local Government Areas of North Burnett and Lockyer Valley. This amendment is made to ensure that the Australian Government Disaster Recovery Payment (AGDRP) is extended to these areas where significant impacts have been confirmed. This legislative instrument does not apply to other regions outside of Queensland, and its application is limited to the specific circumstances of the disaster as described within the amended determination. The amendment also acknowledges the ongoing nature of the disaster by extending the timeline into February 2013. It is noteworthy that this Determination, being a legislative instrument under subsection 1061L(3) of the Act, is not subject to disallowance by the Parliament, reflecting the urgency of the situation that necessitated this amendment without the formal consultation process.
Key Provisions
The main operative sections of this Amendment Determination (F2013L00147) are those that amend Schedule 1 to the Social Security (Australian Government Disaster Recovery Payment) Determination 2013 (No. 3). This amendment specifically modifies the definition of a major disaster to include the Local Government Areas (LGA) of North Burnett and Lockyer Valley in Queensland. Additionally, it extends the period of the disaster to include February 2013, acknowledging the continuous nature of the flooding in Queensland (Schedule 1, Part 1, cl. 1(1)(a)). This amendment aims to ensure that those adversely affected by the disaster in these additional areas are eligible for the Australian Government Disaster Recovery Payment (AGDRP).
The Act imposes obligations on various parties to ensure the effective administration and distribution of the AGDRP. The Social Security (Australian Government Disaster Recovery Payment) Determination 2013 (No. 3) sets out the criteria for eligibility, including the definition of major disaster areas. By amending Schedule 1, the 2013 Amendment Determination expands the scope of eligible areas and periods, ensuring that more Australians who have suffered from the disaster can access the necessary financial support. It is also the responsibility of the Centrelink, as the administering agency, to process applications from individuals in these newly included areas in a timely manner, providing them with the relief they need during this difficult period.
Failure to comply with the provisions of the Act or the Determination could result in legal consequences. While the Explanatory Statement does not explicitly outline specific offences or penalties, breaches of the Social Security Act 1991 could potentially lead to fines or other legal actions. The seriousness of the breach would dictate the extent of the penalty, and in extreme cases, criminal charges could be pursued. However, the primary focus of this legislation is to provide swift and effective relief to those affected by the disaster, rather than to penalise non-compliance. The legislative instrument itself is not subject to disallowance by Parliament, reinforcing the urgency and necessity of the amendment.