Explanatory Statement
Social Security (Australian Government Disaster Recovery Payment - Amount of payment for disasters outside Australia) Determination 2008
The Australian Government Disaster Recovery Payment (the AGDRP) provides an immediate, one-off payment to Australians adversely affected by a major disaster.
Subsection 1061N of the Social Security Act 1991 (the Act) provides that “the amount of an AGDRP payable to a person in relation to a major disaster that occurs outside Australia is the sum of:
(a) the amount that the Minister determines under subsection 1061P(4) in relation to the disaster; and
(b) if the person is the principal carer of one or more children – the amount worked out by multiplying the amount that the Minister determines under subsection 1061P(5) in relation to the disaster by the number of children for whom the person is the principal carer.”
Subsection 1061P(4) provides that “the Minister may determine in writing for the purposes of paragraph 1061N(a) an amount not exceeding the adult rate for the financial year in which the determination is made.”
Subsection 1061P(5) provides that “the Minister may determine in writing for the purposes of paragraph 1061N(b) an amount not exceeding the child rate for the financial year in which the determination is made.”
The Social Security (Australian Government Disaster Recovery Payment - Amount of payment for disasters outside Australia) Determination 2008 (the Determination) sets out the amount of adult and child payments for disasters outside of Australia.
Section 1 of the Determination specifies the name of the Determination.
Section 2 of the Determination provides that it commences on the date it is signed.
Section 3 contains the definition relevant to the Determination.
Section 4 provides that for subsection 1061P(4) of the Act, and for the purposes of paragraph 1061N(a) of the Act, the adult amount of payment is $1000.00.
Section 5 provides that for subsection 1061P(5) of the Act, and for the purposes of paragraph 1061N(b) of the Act, the child amount of payment is $400.00.
Subsection 1061P(6) of the Act provides that a determination under section 1061P is a legislative instrument.
This instrument is not subject to disallowance by the Parliament (subsection 1061P(6) 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 - Amount of payment for disasters outside Australia) Determination 2008 was introduced to address the need for a prompt financial support mechanism for Australians impacted by major disasters occurring outside of Australia. This determination is an essential component of the Social Security Act 1991, which was enacted to provide various forms of social security and welfare support. The primary policy objective of this determination is to ensure that Australians affected by such disasters receive timely financial assistance to aid in their immediate recovery efforts. Enacted by the Minister for Social Services, the determination sets specific amounts for adult and child payments under the Australian Government Disaster Recovery Payment scheme, aiming to provide a swift and adequate response to the financial needs arising from these unforeseen events.
Scope and Application
The Australian Government Disaster Recovery Payment (AGDRP) under the Social Security Act 1991 aims to provide immediate financial assistance to Australians adversely affected by major disasters occurring outside of Australia. The Act applies to any Australian citizen or permanent resident who has been adversely affected by such disasters. The amount of the AGDRP is determined by the Minister and can vary depending on whether the affected individual is an adult or the principal carer of one or more children. The geographic reach of this legislation is national, applying across Australia, and it does not differentiate based on state or territory boundaries. The determination of the payment amount is made through the Social Security (Australian Government Disaster Recovery Payment - Amount of payment for disasters outside Australia) Determination 2008, which sets the adult payment at $1000.00 and the child payment at $400.00. This Determination is a legislative instrument and, as such, is not subject to disallowance by the Parliament. Given the urgency of the need for such payments, formal consultation was not undertaken during the creation of this Determination.
Key Provisions
The main operative sections of the Social Security (Australian Government Disaster Recovery Payment - Amount of Payment for Disasters Outside Australia) Determination 2008 (the Determination) specify the amounts payable under the Australian Government Disaster Recovery Payment (AGDRP) for disasters occurring outside Australia. Section 4 of the Determination sets the adult payment amount at $1000.00, while Section 5 sets the child payment amount at $400.00. These amounts are to be applied in conjunction with subsection 1061N(a) and (b) of the Social Security Act 1991 (the Act). The Determination was required urgently and was not subject to formal consultation, as noted in the explanatory statement.
The Act imposes several obligations and requirements on the parties involved. The Minister is tasked with determining the adult and child payment amounts for a disaster under subsections 1061P(4) and 1061P(5) of the Act. These amounts must not exceed the adult rate and child rate, respectively, for the financial year in which the determination is made. The Determination itself outlines the specific amounts for the adult and child payments, ensuring clarity and consistency in the application of the AGDRP. Additionally, the Determination is a legislative instrument, as stated in subsection 1061P(6) of the Act, and is not subject to disallowance by the Parliament, further solidifying its legal standing.
Offences and penalties for non-compliance with the provisions of the Act and the Determination are not explicitly detailed within the text provided. However, general breaches of the Social Security Act 1991 may result in civil or criminal consequences, including fines and imprisonment, depending on the severity of the breach. The specific maximum penalties would be defined in other sections of the Act and relevant legislation. It is essential to adhere to the Act and the Determination to avoid any potential legal repercussions.