Explanatory Statement
Social Security (Australian Government Disaster Recovery Payment) Determination 2013 (No. 9)
The Australian Government Disaster Recovery Payment (the AGDRP) provides an immediate, one-off payment to Australians adversely affected by a major disaster.
Section 1061K of the Social Security Act 1991 (the Act) specifies the qualification criteria for the AGDRP. One of the qualification criteria requires a person to be “adversely affected by a major disaster”.
Subsection 1061L (1) of the Act provides that, for the purposes of the Act, “a person is adversely affected by a major disaster if the person is affected by the disaster in a way determined by the Minister in relation to the disaster”.
Subsection 1061L(2) of the Act provides that the “Minister may determine in writing, in relation to a major disaster, the circumstances in which persons are to be taken to be adversely affected by the disaster”.
Section 36 of the Act empowers the Minister to determine in writing that an event is a “major disaster” if the Minister is satisfied that an event is a disaster that has such a significant impact on individuals that a Commonwealth Government response is required.
The Minister has made a declaration under section 36 of the Act that applies to only the bushfires in New South Wales which commenced on 9 October 2013 and continued in October 2013 which as at 18 October 2013 covered the affected Local Government Areas of Blue Mountains, Lake Macquarie, Lithgow, Muswellbrook, Port-Macquarie Hastings, Port Stevens, Wyong, Wingecarribee.
The Social Security (Australian Government Disaster Recovery Payment) Determination 2013 (No. 9) (Determination (No. 9) gives effect to the declaration referred to above and sets out the circumstances in which a person is to be regarded as “adversely affected” by the bushfires that affected New South Wales.
Section 1 of Determination (No. 9) specifies the name of the determination.
Section 2 of Determination (No. 9) provides that it commences on the date after it is registered.
Section 3 of Determination (No. 9) provides that Schedule 1 amends the Social Security (Australian Disaster Recovery Payment) Determination 2013 (No.5).
Schedule 1 to Determination (No. 9) applies to only the bushfires in New South Wales which commenced on 9 October 2013 and continued in October 2013 which as at 18 October 2013 covered the affected Local Government Areas of Blue Mountains, Lake Macquarie, Lithgow, Muswellbrook, Port-Macquarie Hastings, Port Stevens, Wyong, Wingecarribee.
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 Determination (No. 9) was required as a matter of urgency.
Overview
The Social Security (Australian Government Disaster Recovery Payment) Determination 2013 (No. 9) was enacted to address the immediate needs of Australians adversely affected by the bushfires in New South Wales that occurred in October 2013. This determination provides an urgent response mechanism through the Australian Government Disaster Recovery Payment (AGDRP), which offers a one-off payment to those significantly impacted by the disaster. The enactment of this legislation by the Minister under the Social Security Act 1991 aims to swiftly support affected individuals, ensuring they receive necessary assistance in the aftermath of the disaster. The determination sets out the specific circumstances under which individuals are considered adversely affected by the disaster, enabling them to qualify for the AGDRP.
Scope and Application
The Social Security (Australian Government Disaster Recovery Payment) Determination 2013 (No. 9) applies specifically to individuals adversely affected by the bushfires in New South Wales that commenced on 9 October 2013 and continued into October 2013, affecting the Local Government Areas of Blue Mountains, Lake Macquarie, Lithgow, Muswellbrook, Port-Macquarie Hastings, Port Stevens, Wyong, and Wingecarribee as at 18 October 2013. This determination is a legislative instrument under section 1061L of the Social Security Act 1991, which empowers the Minister to declare a major disaster and specify the circumstances in which individuals are adversely affected. The determination provides the criteria and conditions for the Australian Government Disaster Recovery Payment, a one-off payment designed to offer immediate financial relief to those impacted by the disaster. Notably, the determination is not subject to disallowance by the Parliament, as stipulated in subsection 1061L(3) of the Act, and formal consultation was bypassed due to the urgent need for the instrument.
Key Provisions
The key operative sections of the Social Security (Australian Government Disaster Recovery Payment) Determination 2013 (No. 9) pertain to the eligibility criteria and operational details of the Australian Government Disaster Recovery Payment (AGDRP) for those affected by the bushfires in New South Wales. Section 1 of the Determination (No. 9) provides the official title of the determination, while Section 2 specifies that the determination takes effect on the day after it is registered. Section 3 indicates that Schedule 1 amends the previous Social Security (Australian Disaster Recovery Payment) Determination 2013 (No.5). The Schedule itself, as noted in subsection 1061L(3) of the Social Security Act 1991, is a legislative instrument and not subject to disallowance by the Parliament, further clarifying its binding nature.
The Act imposes specific obligations and requirements on the parties involved. For instance, under Section 1061K, individuals must demonstrate they are "adversely affected" by the major disaster in question, which in this context refers to the bushfires in New South Wales. This determination is left to the Minister under Section 1061L(2), who has the authority to define the circumstances in writing that deem a person adversely affected. Additionally, the Minister has the authority under Section 36 to declare an event as a "major disaster" if it significantly impacts individuals, necessitating a Commonwealth Government response.
The Act also outlines the consequences for non-compliance or breach of its provisions. However, the explanatory statement does not specify particular offences, penalties, or civil/criminal consequences related to the AGDRP. Instead, it highlights that the determination was issued urgently, thereby bypassing formal consultation processes as mandated by the Legislative Instruments Act 2003. This urgency underscores the critical nature of providing timely assistance to those affected by the disaster.