Explanatory Statement
Social Security (Australian Government Disaster Recovery Payment) Amendment Determination 2017 (No. 1)
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 severe weather, rainfall and associated flooding that occurred as a result of Tropical Cyclone Debbie that commenced on 28 March 2017 and continued in March and April 2017 and affected the local government areas of Gold Coast, Logan, Mackay, Scenic Rim and Whitsunday in Queensland and the local government areas of Lismore and Tweed in New South Wales.
The Social Security (Australian Government Disaster Recovery Payment) Amendment Determination 2017 (No.1) (Determination (No. 1)) 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 event outcome that affected the region names of Queensland.
Section 1 of Determination (No. 1) specifies the name of the determination.
Section 2 of Determination (No. 1) provides that it commences on the day it is signed.
Section 3 of Determination (No. 1) provides that Schedule 1 amends the Social Security (Australian Disaster Recovery Payment) Determination 2017 (No.1).
Section 4 of Determination (No. 1) provides that for the purposes of subsection 1061L (2) of the Act, a person is adversely affected by a major disaster mentioned in Schedule 1 if the person is affected in the way mentioned in Schedule 2.
Schedule 1 to Determination (No. 1) applies to only the severe weather, rainfall and associated flooding that occurred as a result of Tropical Cyclone Debbie that commenced on 28 March 2017 and continued in march and April 2017 and affected the local government areas of Gold Coast, Logan, Mackay, Scenic Rim and Whitsunday in Queensland and the local government areas of Lismore and Tweed in New South Wales.
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. 1) was required as a matter of urgency.