Explanatory Statement
Social Security (Australian Government Disaster Recovery Payment) Amendment Determination 2013 (No. 8)
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. 1), relating to Tasmania, which sets out the circumstances in which persons are taken to be adversely affected by the major disaster. The amendment adds the affected area of Central Highlands, Tasmania to the definition of major disaster. The reason for the change is that impact assessments have confirmed that Central Highlands has been impacted by the bushfires and given the severity of the impact on the State of Tasmania as a whole, extending the AGDRP to the area of Central Highlands 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. 8), enacted to address the urgent need for financial assistance to Australians affected by major disasters, amends the Social Security (Australian Government Disaster Recovery Payment) Determination 2013 (No. 1). This amendment was introduced to extend the scope of the Australian Government Disaster Recovery Payment (AGDRP) to include the Central Highlands region of Tasmania, which has been severely impacted by bushfires. The policy objective of the AGDRP is to provide a one-off payment to those adversely affected by a major disaster, and this amendment ensures that eligible individuals in the Central Highlands region are not excluded from receiving this vital support. Enacted by the Australian Government, the determination was made as a legislative instrument under subsection 1061L(3) of the Act, and it is not subject to disallowance by the Parliament. Due to the urgency of the situation, formal consultation was not undertaken before the amendment was made.
Scope and Application
The Social Security (Australian Government Disaster Recovery Payment) Amendment Determination 2013 (No. 8) applies to individuals adversely affected by a major disaster in the specified areas of Tasmania. This legislation is an amendment to Schedule 1 of the Social Security (Australian Government Disaster Recovery Payment) Determination 2013 (No. 1) and extends the eligibility for the Australian Government Disaster Recovery Payment (AGDRP) to include the Central Highlands region of Tasmania. The amendment was necessitated by verified impact assessments confirming that this region was severely affected by bushfires. The AGDRP provides a one-off payment to assist Australians in the recovery process following a major disaster, and the inclusion of the Central Highlands area aligns with the broader disaster recovery efforts in Tasmania. This Determination is a legislative instrument under subsection 1061L(3) of the Act and, in accordance with the same subsection, is not subject to disallowance by the Parliament. Given the urgency of the situation, formal consultation was not undertaken before the implementation of this amendment.
Key Provisions
The key provisions of the Social Security (Australian Government Disaster Recovery Payment) Amendment Determination 2013 (No. 8) pertain to the eligibility for the Australian Government Disaster Recovery Payment (AGDRP) for individuals adversely affected by major disasters. Specifically, this Amendment Determination modifies Schedule 1 of the Social Security (Australian Government Disaster Recovery Payment) Determination 2013 (No. 1) to include the Central Highlands of Tasmania within the definition of a major disaster (s.1). This change recognises the significant impact of recent bushfires on this region, aligning it with the broader affected areas in Tasmania. The determination explicitly states that the AGDRP is available to those in the Central Highlands who have suffered adverse consequences due to the disaster.
This Act imposes obligations on the relevant authorities to ensure that eligible individuals are identified and assessed for their eligibility for the AGDRP. It also places the responsibility on affected individuals to provide necessary information and documentation to substantiate their claims for the payment. The Australian Government is required to facilitate the distribution of the AGDRP to those who meet the criteria established by the amended Schedule 1.
Breach of the provisions outlined in this Determination could potentially lead to civil or criminal consequences, although the specific offences, penalties, or consequences are not detailed in the text. However, it is understood that any misuse of the AGDRP or fraudulent claims would be subject to the broader legal frameworks governing social security payments. The severity of penalties would depend on the nature and extent of the breach, and could range from fines to more serious criminal charges in cases of fraud. The determination clarifies that this instrument is not subject to disallowance by the Parliament, reinforcing the urgency and necessity of the amendment.