Explanatory Statement
Social Security (Australian Government Disaster Recovery Payment) Amendment Determination 2013 (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 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 Rockhampton, Queensland to the definition of major disaster. The reason for the change is that impact assessments have confirmed that Rockhampton 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 Rockhampton 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. 4) was enacted to address the need for extending the coverage of the Australian Government Disaster Recovery Payment (AGDRP) to additional areas impacted by a major disaster. This amendment was introduced to include the Local Government Area of Rockhampton, Queensland, in the definition of areas adversely affected by the major disaster, thereby ensuring that those in Rockhampton who suffered due to the floods receive necessary financial support. The determination was made by the relevant authority under the Social Security Act 1991, and the policy objective was to provide timely relief to those affected by the disaster, reflecting the severity of the impact on the State of Queensland. The amendment was enacted as a matter of urgency without undergoing formal consultation, as stipulated under the legislative framework.
Scope and Application
The Social Security (Australian Government Disaster Recovery Payment) Amendment Determination 2013 (No. 4) amends the existing provisions concerning the Australian Government Disaster Recovery Payment (AGDRP), which is designed to provide a one-off payment to Australians adversely affected by a major disaster. This particular determination updates Schedule 1 of the Social Security (Australian Government Disaster Recovery Payment) Determination 2013 (No. 3) to include the Rockhampton Local Government Area in Queensland, thereby broadening the scope of areas deemed to be impacted by the major disaster. The inclusion of Rockhampton in the list of affected areas is based on confirmed impact assessments that substantiate the severity of the flooding in this region, and as such, it is considered appropriate to extend the AGDRP to cover this additional locality. This amendment applies to persons residing within the Rockhampton Local Government Area who have been adversely affected by the disaster, and the decision extends the geographic reach of the determination to include this specific area within Queensland. It is important to note that this amendment is made under the authority provided by subsection 1061L(3) of the Act, and as such, it is a legislative instrument that is not subject to disallowance by the Parliament. Given the urgency of the situation, formal consultation was not undertaken before the issuance of this determination.
Key Provisions
The main operative sections of the Social Security (Australian Government Disaster Recovery Payment) Amendment Determination 2013 (No. 4) (the Determination) involve the amendment of Schedule 1 to the Social Security (Australian Government Disaster Recovery Payment) Determination 2013 (No. 3). Specifically, the Determination adds the Local Government Area of Rockhampton, Queensland to the list of areas adversely affected by a major disaster (Schedule 1, paragraph 1.03). This amendment aims to extend the Australian Government Disaster Recovery Payment (AGDRP) to individuals in Rockhampton who have been adversely affected by the floods, as confirmed by impact assessments.
The Determination imposes obligations on the parties it governs, primarily the Australian Government and the affected individuals. The Australian Government is obligated to provide the AGDRP to individuals who meet the criteria set out in the Determination. This includes those residing in Rockhampton, Queensland, who have been adversely affected by the major disaster. The affected individuals must demonstrate that they have been adversely affected by the disaster to be eligible for the payment. This involves providing evidence of their residency and the impact of the disaster on their circumstances.
Breach of the obligations outlined in the Determination can result in civil and criminal consequences. However, the Determination itself does not specify particular offences, penalties, or consequences for non-compliance. The primary focus of the Determination is to ensure that eligible individuals receive the AGDRP. The Social Security Act 1991 and other related legislation may provide additional provisions regarding penalties and consequences for non-compliance with social security obligations. Nonetheless, the urgency and necessity of the amendment, as mentioned in the Explanatory Statement, highlight the importance of adhering to the Determination to provide timely assistance to those in need.