Explanatory Statement
Social Security (Australian Government Disaster Recovery Payment) Amendment Determination 2013 (No. 5)
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 South Burnett in Queensland to the definition of major disaster. The reason for the change is that impact assessments have confirmed that South Burnett 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 South Burnett 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. 5) was enacted to address the immediate need for extending the Australian Government Disaster Recovery Payment (AGDRP) to include the Local Government Area of South Burnett in Queensland, which was severely impacted by floods. This amendment was necessary to ensure that all Australians affected by the major disaster receive the necessary financial assistance. The determination was enacted by the relevant authority under subsection 1061L(3) of the Act, which exempts this determination from disallowance by the Parliament, as per the legislative framework. The urgency of the situation meant that formal consultation was not possible, but the amendment was implemented based on confirmed impact assessments to provide timely relief to the affected residents of South Burnett.
The policy objective behind this amendment is to extend the AGDRP to support individuals and families in the South Burnett Local Government Area who have suffered due to the major disaster. By including South Burnett in the definition of a major disaster, the amendment ensures that these affected areas receive the necessary financial assistance to aid in their recovery. This legislative action underscores the commitment of the Australian government to provide swift and effective support to communities in distress, reflecting a broader policy aim to mitigate the adverse effects of natural disasters on the population.
Scope and Application
The Social Security (Australian Government Disaster Recovery Payment) Amendment Determination 2013 (No. 5) amends the Social Security (Australian Government Disaster Recovery Payment) Determination 2013 (No. 3) to extend the scope of the Australian Government Disaster Recovery Payment (AGDRP) to include the affected Local Government Area of South Burnett in Queensland. The AGDRP is a one-off payment intended to assist Australians who have been adversely affected by a major disaster, and this amendment reflects the need to provide support to those in South Burnett impacted by the floods, considering the overall severity of the disaster in Queensland. This Determination applies to individuals within the newly included Local Government Area of South Burnett, broadening the geographic reach of the AGDRP to encompass this area. The Determination is a legislative instrument under subsection 1061L(3) of the Act and is not subject to disallowance by the Parliament, as specified by the same subsection. Due to the urgency of the situation, formal consultation was not undertaken in the creation of this Determination.
Key Provisions
The main operative sections of the Social Security (Australian Government Disaster Recovery Payment) Amendment Determination 2013 (No. 5) involve amending Schedule 1 of the Social Security (Australian Government Disaster Recovery Payment) Determination 2013 (No. 3) to include the Local Government Area (LGA) of South Burnett in Queensland within the definition of a major disaster (subsection 1061L(3)). This amendment is crucial as it extends the eligibility for the Australian Government Disaster Recovery Payment (AGDRP) to individuals adversely affected by the floods in South Burnett, ensuring they receive the necessary financial assistance.
The Act imposes specific obligations on the parties involved, particularly on the government and affected individuals. The government must ensure that the AGDRP is extended to include the newly specified LGA of South Burnett in their disaster recovery payment scheme. This involves updating their systems and processes to reflect the changes in the legislation. Affected individuals within the South Burnett LGA must meet the eligibility criteria to qualify for the AGDRP, which generally includes being adversely affected by the disaster and meeting other specified requirements such as residency and citizenship.
In terms of consequences for breach, the legislation does not explicitly detail offences, penalties, or consequences for non-compliance. However, the seriousness of the amendment, made due to urgent need, implies that any failure to adhere to the updated provisions could result in individuals not receiving the financial assistance they are entitled to. The urgency and necessity of the amendment suggest that the penalties for non-compliance or mismanagement of the payment process could be significant, potentially leading to legal repercussions or administrative sanctions against the government or relevant authorities.
The Determination itself is a legislative instrument and, as such, is not subject to disallowance by the Parliament (subsection 1061L(3) of the Act specifies that section 42 of the Legislative Instruments Act 2003 does not apply to this determination). This reinforces the immediate and binding nature of the changes, ensuring that the affected individuals receive timely assistance without bureaucratic delays.