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.
Overview
The Social Security (Australian Government Disaster Recovery Payment) Amendment Determination 2017 (No. 1) was enacted to address the immediate needs of individuals adversely affected by Tropical Cyclone Debbie, which impacted Queensland and New South Wales from March to April 2017. This determination was issued under the authority of the Social Security Act 1991 and empowers the Minister to provide a one-off Australian Government Disaster Recovery Payment to those affected. The policy objective of this amendment is to ensure swift financial assistance to those who have suffered significant losses due to the disaster, thereby facilitating quicker recovery and relief efforts. Enacted by the relevant Minister under the authority of the Social Security Act 1991, this legislation aims to clarify and specify the criteria for eligibility for the disaster recovery payment, ensuring that those genuinely in need receive timely support.
Scope and Application
The Social Security (Australian Government Disaster Recovery Payment) Amendment Determination 2017 (No. 1) applies to individuals who have been adversely affected by the severe weather, rainfall, and associated flooding resulting from Tropical Cyclone Debbie, which occurred from 28 March 2017 and continued into March and April 2017. The determination specifically targets those residing in the local government areas of Gold Coast, Logan, Mackay, Scenic Rim, and Whitsunday in Queensland, as well as Lismore and Tweed in New South Wales. The Act outlines the criteria for the Australian Government Disaster Recovery Payment (AGDRP), which is a one-off payment intended to provide immediate relief to Australians impacted by major disasters. The determination delineates the specific circumstances under which a person may be considered adversely affected by the disaster, as determined by the Minister. Notably, the determination is not subject to disallowance by the Parliament, and formal consultation was deemed unnecessary due to the urgent nature of the situation. The geographic reach of this legislation is confined to the specified local government areas in Queensland and New South Wales, ensuring targeted support for those directly impacted by the named disaster.
Key Provisions
The Social Security (Australian Government Disaster Recovery Payment) Amendment Determination 2017 (No. 1) amends the Social Security (Australian Disaster Recovery Payment) Determination 2017 (No. 1) to provide a clear definition of what it means to be adversely affected by a major disaster, specifically in the context of Tropical Cyclone Debbie (sections 3 and 4). This determination is effective from the day it is signed (section 2) and specifies that it applies only to the severe weather, rainfall, and associated flooding that occurred as a result of Tropical Cyclone Debbie, which affected certain local government areas in Queensland and New South Wales from 28 March 2017 onwards (Schedule 1). The circumstances under which a person is considered adversely affected by this disaster are detailed in Schedule 2.
The Act imposes specific obligations on individuals seeking the Australian Government Disaster Recovery Payment (AGDRP) to ensure they meet the eligibility criteria outlined in section 1061K. Primarily, claimants must demonstrate that they have been adversely affected by the disaster as defined by the Minister under section 1061L. This means that applicants must provide evidence of their impact by the disaster in accordance with the determination and the specific criteria set out in Schedule 2. The Minister’s declaration under section 36 is pivotal, as it confirms the nature of the disaster and the regions affected, thereby establishing the framework for eligibility.
There are no specific offences or penalties outlined in the Act or the Determination (No. 1) for failing to comply with the AGDRP provisions. However, providing false or misleading information to obtain the AGDRP could potentially lead to civil or criminal consequences under other sections of the Social Security Act 1991 or related legislation. The seriousness of such actions might result in penalties such as fines or imprisonment, depending on the circumstances and the specific laws under which the offence is prosecuted.