Explanatory Statement
Social Security (Australian Government Disaster Recovery Payment) Amendment Determination 2013 (No. 6)
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. 6), 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 Cherbourg in Queensland to the definition of major disaster. The reason for the change is that impact assessments have confirmed that Cherbourg 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 Cherbourg 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. 6) was enacted to address the need for extending the scope of the Australian Government Disaster Recovery Payment (AGDRP) to include additional areas affected by the Queensland floods. This determination was introduced to amend the existing Social Security (Australian Government Disaster Recovery Payment) Determination 2013 (No. 6) in order to include the Local Government Area of Cherbourg, which had been significantly impacted by the floods. The policy objective behind this amendment was to ensure that all eligible individuals who suffered adverse effects due to the disaster received the necessary support through the AGDRP. The determination was enacted by the relevant authority under subsection 1061L(3) of the Social Security Act 1991, and due to the urgent nature of the situation, formal consultation was not undertaken. This legislative instrument is not subject to disallowance by the Parliament.
Scope and Application
The Social Security (Australian Government Disaster Recovery Payment) Amendment Determination 2013 (No. 6) pertains to the Australian Government Disaster Recovery Payment (AGDRP), which is a one-off payment designed to support Australians who have been adversely affected by a major disaster. This Determination specifically amends the Schedule 1 of the Social Security (Australian Government Disaster Recovery Payment) Determination 2013 (No. 6), focusing on Queensland, to include the Local Government Area of Cherbourg within the definition of a major disaster. This amendment is in response to confirmed impact assessments that have identified Cherbourg as an area severely affected by the floods, justifying the extension of the AGDRP to this locality given the overall severity of the disaster in Queensland. The Determination applies to individuals who reside or have been impacted in the newly included area of Cherbourg and seeks to provide them with the necessary financial assistance as part of the broader disaster recovery efforts. The scope of this Determination is limited to the Commonwealth of Australia and is subject to the legislative framework set out in the Social Security Act 1991, with the amendment being a legislative instrument that is not subject to disallowance by the Parliament.
Key Provisions
The main operative sections of the Social Security (Australian Government Disaster Recovery Payment) Amendment Determination 2013 (No. 6) are those that amend Schedule 1 of the original Determination, which was made under the Social Security Act 1991 (the Act). Specifically, this Determination modifies the definition of "adversely affected" in relation to a major disaster to include individuals in the Local Government Area (LGA) of Cherbourg, Queensland (Schedule 1, paragraph 1(1)(b)). This addition ensures that those impacted by the floods in Cherbourg are eligible for the Australian Government Disaster Recovery Payment (AGDRP).
Under this Amendment Determination, individuals in the LGA of Cherbourg who have been adversely affected by the major disaster are entitled to apply for the AGDRP. This entitles them to a one-off payment to assist with their recovery, similar to other individuals adversely affected by the same disaster in other parts of Queensland (Schedule 1, paragraph 1(1)(b)). The obligations on applicants include providing evidence of their residency in Cherbourg and the extent of the impact of the disaster on their lives and properties.
The Determination does not explicitly state any new offences or penalties for breaches; however, it is governed by the provisions of the Social Security Act 1991. Any fraudulent claims or misrepresentations made in the application process could lead to civil or criminal penalties under the Act. For instance, knowingly making a false statement to obtain a benefit could result in a penalty of up to 12 months imprisonment or a fine of up to $21,000, or both, under section 115 of the Act. Additionally, the Determination clarifies that it is not subject to disallowance by the Parliament, underscoring its immediate effect (subsection 1061L(3) of the Act).