Explanatory Statement
Social Security (Australian Government Disaster Recovery Payment) Amendment Determination 2017 (No. 3)
The Australian Government Disaster Recovery Payment (the AGDRP) provides an immediate, 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 2017 (No. 1), relating to Queensland and New South Wales, which sets out the circumstances in which persons are taken to be adversely affected by the major disaster. The amendment adds the New South Wales local government area of Byron to the definition of major disaster. The reason for the change is that the Byron local government area was also significantly impacted by the severe weather, rainfall and associated flooding that occurred as a result of Tropical Cyclone Debbie in New South Wales and extending the AGDRP is appropriate.
Section 1 of Social Security (Australian Government Disaster Recovery Payment) Amendment Determination 2017 (No. 3) (Determination (No. 3) specifies the name of the determination.
Section 2 of Determination (No. 3) provides that it commences on the day it is signed.
Section 3 of Determination (No. 3) provides that Schedule 1 amends the Social Security (Australian Disaster Recovery Payment) Determination 2017 (No.1).
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).
Consultation regarding Determination (No. 3) was undertaken with key stakeholders, including Attorney-General’s Department and Department of Human Services.
Overview
The Social Security (Australian Government Disaster Recovery Payment) Amendment Determination 2017 (No. 3) was enacted to address the need for expanded coverage of the Australian Government Disaster Recovery Payment (AGDRP) to include additional areas significantly affected by a major disaster. This determination was introduced to amend the Social Security (Australian Government Disaster Recovery Payment) Determination 2017 (No. 1), specifically extending the eligibility for the AGDRP to residents of the New South Wales local government area of Byron, which was severely impacted by the severe weather, rainfall, and flooding caused by Tropical Cyclone Debbie. The policy objective is to provide immediate financial support to those adversely affected by such disasters, ensuring that no eligible individual is left without assistance due to the disaster's scope. Enacted by the relevant legislature, this amendment aims to streamline the provision of relief to affected communities, reflecting the government's commitment to disaster recovery efforts.
Scope and Application
The Social Security (Australian Government Disaster Recovery Payment) Amendment Determination 2017 (No. 3) applies to individuals who have been adversely affected by a major disaster in specified areas of New South Wales, with an amendment to include the local government area of Byron. The determination is a legislative instrument under the Social Security Act 1991, designed to provide a one-off payment to Australians impacted by significant disasters. The amendment specifically extends the eligibility for the Australian Government Disaster Recovery Payment to those in the Byron local government area who suffered from the severe weather, rainfall, and flooding caused by Tropical Cyclone Debbie. The scope of the amendment is limited to the geographic area affected by the disaster, ensuring that support is provided where it is most needed. The determination does not apply to areas outside of New South Wales or to disasters not declared as major under the Social Security Act. The amendment is not subject to disallowance by the Parliament, underscoring the urgency and importance of the support being provided.
Key Provisions
The Social Security (Australian Government Disaster Recovery Payment) Amendment Determination 2017 (No. 3) (Determination (No. 3)) amends the Social Security (Australian Government Disaster Recovery Payment) Determination 2017 (No. 1) to extend the definition of a major disaster to include the New South Wales local government area of Byron. This extension recognises the significant impact of severe weather, rainfall, and flooding in the region due to Tropical Cyclone Debbie. The determination specifies that the amendment will take effect on the day it is signed (Section 2), and it is not subject to disallowance by the Parliament (Section 1061L (3) of the Act).
Under the amended Determination (No. 3), individuals residing in the Byron local government area of New South Wales who have been adversely affected by the major disaster are now eligible for the Australian Government Disaster Recovery Payment (AGDRP). This payment is intended to provide immediate financial assistance to those who have suffered loss or damage due to the disaster. The obligations on the government include ensuring that eligible individuals are identified and that they receive the one-off payment without undue delay.
Failure to comply with the provisions of the Determination (No. 3) may result in legal consequences. While the legislation does not explicitly state penalties for non-compliance, breaches of social security laws generally carry potential criminal or civil penalties. The penalties for such breaches can include fines or imprisonment, depending on the severity of the breach. It is important for all parties involved to adhere to the requirements set out in the determination to avoid any legal repercussions.