Explanatory Statement
Social Security (Australian Government Disaster Recovery Payment) Amendment Determination 2013 (No. 7)
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. 7), relating to New South Wales, which sets out the circumstances in which persons are taken to be adversely affected by the major disaster. The amendment adds the affected township of Tumbulgum in New South Wales to the definition of major disaster. The reason for the change is that impact assessments have confirmed that the township of Tumbulgum has been impacted by the floods and given the severity of the impact on the State of New South Wales as a whole, extending the AGDRP to the township of Tumbulgum 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. 7) was enacted to address the urgent need for financial support to Australians impacted by a major disaster, specifically the floods in New South Wales. This Determination amends the Social Security (Australian Government Disaster Recovery Payment) Determination 2013 (No. 7), extending the eligibility for the Australian Government Disaster Recovery Payment (AGDRP) to include the affected township of Tumbulgum in New South Wales. The amendment was made in response to confirmed impact assessments that highlighted the severe effects of the floods on Tumbulgum, necessitating immediate financial assistance. The policy objective is to provide timely support to those adversely affected by the disaster, ensuring that they receive the necessary relief. This Determination was issued by the Australian Government and is a legislative instrument under subsection 1061L(3) of the Act, exempt from disallowance by the Parliament.
Scope and Application
The Social Security (Australian Government Disaster Recovery Payment) Amendment Determination 2013 (No. 7) pertains specifically to the Australian Government Disaster Recovery Payment (AGDRP), which offers a one-off payment to Australians who have been adversely affected by a major disaster. This particular Determination amends the Social Security (Australian Government Disaster Recovery Payment) Determination 2013 (No. 7), extending its scope to include the township of Tumbulgum in New South Wales, thereby recognising the township's significant impact from recent floods. By including Tumbulgum, the Determination ensures that those affected by the disaster in this area are eligible for the AGDRP. The amendment is grounded in the necessity to provide timely financial assistance to those impacted by the disaster, as confirmed by relevant impact assessments. The Determination operates within the legislative framework provided by subsection 1061L(3) of the Act, which specifies that such determinations are legislative instruments and are not subject to disallowance by the Parliament, as section 42 of the Legislative Instruments Act 2003 does not apply to these determinations. Notably, formal consultation was not undertaken due to the urgent need for the amendment.
Key Provisions
The primary sections of the Social Security (Australian Government Disaster Recovery Payment) Amendment Determination 2013 (No. 7) amend Schedule 1 of the Social Security (Australian Government Disaster Recovery Payment) Determination 2013 (No. 7) to include the affected township of Tumbulgum in New South Wales as an area impacted by the major disaster. This amendment is designed to ensure that individuals who have been adversely affected by the floods in Tumbulgum are eligible for the Australian Government Disaster Recovery Payment (AGDRP). By extending the eligibility criteria to include Tumbulgum, the legislation aims to provide financial assistance to those who have suffered due to the disaster.
This Act imposes specific obligations on the relevant authorities and individuals affected by the disaster. Authorities must ensure that the AGDRP is available to eligible residents of Tumbulgum, which involves assessing the impact of the disaster on individuals and the community in that area. Eligible individuals, on the other hand, must meet the criteria set out in the Act to qualify for the payment, including demonstrating that they have been adversely affected by the disaster. The Act also requires that the payment be provided in a timely manner, reflecting the urgent need for financial assistance in the aftermath of the disaster.
Failure to comply with the provisions of this Act can lead to legal consequences. While specific offences and penalties are not detailed in the text, breaches of the Social Security Act or related regulations could result in civil or criminal penalties. For example, providing false information to qualify for the AGDRP could be considered fraud, which carries significant penalties under Australian law. The severity of the penalties would depend on the nature and extent of the breach, but they could include substantial fines or imprisonment.
It is important to note that this Determination is a legislative instrument and is not subject to disallowance by the Parliament, as provided under subsection 1061L(3) of the Act. Additionally, formal consultation was not undertaken due to the urgency of the situation. This highlights the necessity of the amendment and the importance of providing immediate relief to those affected by the disaster in Tumbulgum.