Social Security (Australian Government Disaster Recovery Payment) Amendment Determination 2017 (No. 2)

Overview

The Social Security (Australian Government Disaster Recovery Payment) Amendment Determination 2017 (No. 2) was enacted to address the immediate need for financial assistance to Australians adversely affected by the severe weather, rainfall, and associated flooding caused by Tropical Cyclone Debbie in March and April 2017. This Determination provides a legislative framework for the Australian Government Disaster Recovery Payment (AGDRP), enabling a one-off payment to those affected by the specified disaster. The determination was issued by the Minister for Social Services under the authority of the Social Security Act 1991, which outlines the criteria for the AGDRP and empowers the Minister to declare a major disaster. The policy objective of this Determination is to ensure timely and efficient support to those impacted by the disaster, facilitating a quicker recovery process.

Scope and Application

The Social Security (Australian Government Disaster Recovery Payment) Amendment Determination 2017 (No. 2) provides specific qualifications and conditions for the Australian Government Disaster Recovery Payment (AGDRP) in response to the severe weather, rainfall, and associated flooding caused by Tropical Cyclone Debbie, which affected certain local government areas in Queensland and New South Wales from 28 March 2017 to April 2017. This legislation applies to individuals who are adversely affected by this major disaster, as defined by the Social Security Act 1991. Adversely affected persons include those who are seriously injured, immediate family members of individuals killed, those whose principal place of residence is destroyed or severely damaged, and principal carers of children in these situations. The scope of the Act is limited to the specified geographic areas and the particular disaster event, and it does not extend to other disasters or regions. The determination sets out the specific circumstances in which a person qualifies for the payment and is legally binding as it is a legislative instrument, exempt from disallowance by the Parliament.

Key Provisions

The Social Security (Australian Government Disaster Recovery Payment) Amendment Determination 2017 (No. 2) amends the Social Security (Australian Disaster Recovery Payment) Determination 2017 (No. 1) to specify the circumstances under which a person is considered adversely affected by the severe weather, rainfall, and associated flooding resulting from Tropical Cyclone Debbie, which impacted certain areas in Queensland and New South Wales from 28 March 2017 through April 2017. Section 4 of the Determination sets out these circumstances, detailed in Schedule 2, which include being seriously injured, being an immediate family member of someone killed, having one’s principal place of residence destroyed or damaged, or being the principal carer of a child affected by these conditions. The definitions of key terms such as "seriously injured," "immediate family member," "major damage," "destroyed," and "principal place of residence" are provided in section 3 of the Determination. The Act imposes obligations on applicants to provide accurate information regarding their circumstances to qualify for the Australian Government Disaster Recovery Payment (AGDRP). This includes proving that they meet one of the specified criteria outlined in Schedule 2. The Minister, under Section 1061L (2) of the Act, has the authority to determine the specific circumstances that constitute being adversely affected by a major disaster, and these determinations are reflected in the Schedules of the Determination. The Act also requires the Minister to formally declare an event as a major disaster if it meets the criteria outlined in Section 36. Failure to comply with the requirements or providing false information to obtain the AGDRP can result in legal consequences. The Social Security Act 1991 stipulates penalties for providing false or misleading information in applications for benefits, which can include fines and, in severe cases, criminal charges. The maximum penalties are determined according to the seriousness of the offence, and they can vary significantly depending on whether the offence is considered minor or serious. These penalties are designed to ensure compliance and maintain the integrity of the disaster recovery payment scheme. The Social Security (Australian Government Disaster Recovery Payment) Amendment Determination 2017 (No. 2) is not subject to disallowance by the Parliament, as specified in subsection 1061L (3) of the Act. This means that the determination takes effect immediately upon signing and does not require parliamentary approval. The urgency of the situation prompted the Minister to make the declaration without undergoing formal consultation, ensuring that affected individuals could receive timely assistance.