Explanatory Statement
Social Security (Australian Government Disaster Recovery Payment) Amendment Determination 2015 (No. 1)
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 2015 (No. 2), 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 Wide Bay Burnett district of Queensland to the definition of major disaster. The reason for the change is that that the Wide Bay Burnett district has been impacted by Tropical Cyclone Marcia in Queensland and extending the AGDRP 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 2015 (No. 1) was enacted to address the immediate needs of individuals adversely affected by the Tropical Cyclone Marcia in Queensland, specifically within the Wide Bay Burnett district. This legislative amendment was introduced to extend the eligibility for the Australian Government Disaster Recovery Payment (AGDRP) to include this district, recognising the significant impact of the cyclone. The determination was necessitated by the urgent need to provide financial support to those affected by the disaster, and thus, formal consultation was not undertaken. This amendment is an adjustment to Schedule 1 of the Social Security (Australian Government Disaster Recovery Payment) Determination 2015 (No. 2), and it reflects the Australian Government's policy objective of providing timely assistance to those in need following a major disaster.
Scope and Application
The Social Security (Australian Government Disaster Recovery Payment) Amendment Determination 2015 (No. 1) applies to individuals residing within the Wide Bay Burnett district of Queensland who have been adversely affected by Tropical Cyclone Marcia. This amendment expands the scope of the Social Security (Australian Government Disaster Recovery Payment) Determination 2015 (No. 2) to include this district, thereby extending eligibility for the Australian Government Disaster Recovery Payment to residents therein. The payment is intended to provide financial assistance to those who have suffered due to the disaster, ensuring that support is extended to affected areas. The determination does not apply to individuals outside the specified district or those not impacted by the cyclone. This legislative instrument, which is not subject to disallowance by the Parliament, was enacted swiftly in response to the urgent need arising from the disaster, without undergoing formal consultation.
Key Provisions
The main sections of the Social Security (Australian Government Disaster Recovery Payment) Amendment Determination 2015 (No. 1) involve amending Schedule 1 of the Social Security (Australian Government Disaster Recovery Payment) Determination 2015 (No. 2). Specifically, this amendment adds the Wide Bay Burnett district of Queensland to the definition of areas adversely affected by a major disaster (subsection 1061L(3) of the Act). This amendment was made in response to the significant impact of Tropical Cyclone Marcia on this district, justifying the extension of the Australian Government Disaster Recovery Payment (AGDRP) to this area.
This Act imposes obligations on the relevant authorities to recognise and process claims from individuals in the Wide Bay Burnett district who have been adversely affected by the major disaster. It requires that the criteria for eligibility under the AGDRP be applied to residents of this newly included district, ensuring that they receive the one-off payment intended to assist with their recovery. The Act also mandates that these individuals must meet the same eligibility requirements as those in other affected areas, which include being directly impacted by the disaster and meeting certain income and residency conditions.
Failure to comply with the provisions of this Determination could lead to administrative penalties for the relevant authorities. Although specific penalties are not detailed in the explanatory statement, breaches of legislative instruments of this nature can generally result in fines and other civil or administrative actions under the relevant laws. The urgency with which this Determination was made suggests that any failure to implement it promptly could be viewed seriously, potentially leading to legal consequences for the authorities involved.