Explanatory Statement
Social Security (Australian Government Disaster Recovery Payment) Amendment Determination 2013 (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 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 Area of Somerset, Queensland to the definition of major disaster. The reason for the change is that impact assessments have confirmed that Somerset has 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 Area of Somerset 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. 3) was enacted to address the urgent need to extend the Australian Government Disaster Recovery Payment (AGDRP) to additional areas affected by the severe floods in Queensland. This determination, made under the Social Security Act 1991, aims to provide financial assistance to individuals who have been adversely affected by the major disaster, ensuring that support reaches those in need promptly. The amendment was necessitated by the extensive impact assessments confirming that the Somerset Local Government Area had been significantly impacted by the floods, and recognising that the disaster's effects continued into February 2013. The policy objective of this amendment is to extend the coverage of the AGDRP to include the affected area, thereby providing timely relief to those suffering from the disaster's aftermath.
Scope and Application
The Social Security (Australian Government Disaster Recovery Payment) Amendment Determination 2013 (No. 3) extends the scope of the Australian Government Disaster Recovery Payment (AGDRP) to include the Local Government Area of Somerset, Queensland, which has been identified as adversely affected by the recent floods. This amendment ensures that individuals within this area who have suffered due to the disaster are eligible for the one-off payment provided by the AGDRP. Additionally, the amendment recognises that the disaster's impact has continued into February 2013, thereby extending the eligibility period for the payment. This Determination amends the Social Security (Australian Government Disaster Recovery Payment) Determination 2013 (No. 3) and applies to persons residing in the affected areas of Queensland, including the newly added Somerset. The Determination operates under the authority of subsection 1061L(3) of the Social Security Act, and as a legislative instrument, it is not subject to disallowance by the Parliament. This urgent amendment was enacted without formal consultation due to the immediate need to address the ongoing disaster's effects.
Key Provisions
The main operative sections of the Social Security (Australian Government Disaster Recovery Payment) Amendment Determination 2013 (No. 3) involve amendments to Schedule 1 of the Social Security (Australian Government Disaster Recovery Payment) Determination 2013 (No. 3). Specifically, Section 3(1) of this Determination adds the Local Government Area (LGA) of Somerset, Queensland, to the list of areas adversely affected by the major disaster, thereby extending eligibility for the Australian Government Disaster Recovery Payment (AGDRP). Additionally, Section 3(2) of the Determination amends the timeline of the disaster, recognising that it continued into February 2013. This amendment ensures that individuals affected by the disaster during this period are also covered by the AGDRP.
The obligations and requirements imposed by this Act primarily focus on eligibility criteria for the AGDRP. Persons adversely affected by the major disaster in the specified LGAs, including Somerset, and the extended timeline, are eligible for the payment. The Determination seeks to ensure that all individuals who have suffered due to the disaster receive necessary financial assistance. The Act requires the Australian Government to provide these payments to eligible individuals, which involves assessing the impact of the disaster on individuals and determining their eligibility based on the defined criteria.
There are no specific offences, penalties, or civil/criminal consequences outlined within this Determination for breaches of its provisions. However, the failure to comply with the requirements for the payment could potentially lead to disputes regarding eligibility and payment. Such disputes would likely be resolved through administrative review processes or in the courts, where the validity of the eligibility determinations and the proper application of the Act would be assessed. The maximum penalties for non-compliance with social security laws generally are substantial, including fines and imprisonment, though these are not detailed specifically within this Determination.