Explanatory Statement
Social Security (Australian Government Disaster Recovery Payment - Amount of payment for disasters outside Australia) Determination 2009
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 2009 (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 2009 was enacted to address the need for a structured financial support mechanism for Australians affected by major disasters occurring outside of Australia. The Act, as determined by the relevant Minister under the Social Security Act 1991, specifies the amount of the Australian Government Disaster Recovery Payment (AGDRP) for such disasters. The policy objective of this Determination is to provide a swift, one-off payment to those impacted, thereby offering immediate relief. This Determination sets the adult payment amount at $1,000 and the child payment amount at $400, establishing a clear framework for the distribution of these payments. Enacted under the authority of the Minister, the Determination is a legislative instrument not subject to disallowance by Parliament, reflecting the urgent nature of its requirement.
Scope and Application
The Social Security (Australian Government Disaster Recovery Payment - Amount of payment for disasters outside Australia) Determination 2009 applies to Australians adversely affected by a major disaster outside of Australia, providing them with a one-off payment to assist in their recovery. This Determination is made under the authority of the Social Security Act 1991 and specifically pertains to the amount of the Australian Government Disaster Recovery Payment (AGDRP) for such disasters. The Determination applies to individuals who are Australian citizens or permanent residents and are directly impacted by a major disaster outside Australia. It also applies to those who are the principal carer of one or more children, with additional payments available for each child under their care. The geographic scope of this legislation is national, applying across Australia irrespective of where the disaster occurs internationally. The Determination itself sets the payment amounts, with an adult payment of $1000.00 and a child payment of $400.00, and these amounts are subject to review and adjustment by the Minister as necessary. This Determination does not undergo disallowance by the Parliament and was enacted without formal consultation due to the urgency required in such disaster response measures.
Key Provisions
The key provisions of the Social Security (Australian Government Disaster Recovery Payment - Amount of Payment for Disasters Outside Australia) Determination 2009 establish the specific amounts of the Australian Government Disaster Recovery Payment (AGDRP) that will be provided to individuals affected by major disasters outside Australia. According to section 4, the adult payment amount is set at $1000.00, and according to section 5, the child payment amount is set at $400.00. These amounts are determined by the Minister under subsections 1061P(4) and 1061P(5) of the Social Security Act 1991, with the former not exceeding the adult rate and the latter not exceeding the child rate for the financial year in which the determination is made. The Determination is effective from the date it is signed, as outlined in section 2.
The Act imposes certain obligations and requirements on the entities it governs, particularly in relation to the payment of the AGDRP. The Minister, as per subsections 1061P(4) and 1061P(5), is required to determine the specific amounts of the adult and child payments for disasters outside Australia. These amounts must be within the limits specified for the respective rates for the financial year in which the determination is made. Additionally, formal consultation is not mandatory for the Determination, as it was required as a matter of urgency. The determination itself is a legislative instrument and is not subject to disallowance by the Parliament, as per subsection 1061P(6) of the Act.
Breaches of the provisions set out in this Determination could potentially lead to civil or criminal consequences, although the specific nature of these consequences is not detailed in the text. The maximum penalties for any breaches are not explicitly stated in the provided excerpt of the Determination. However, given the serious nature of the Act and the Determination, penalties could potentially include fines or other legal repercussions, depending on the specific breach and the applicable laws at the time. It is essential for entities and individuals governed by the Act to adhere to its provisions to avoid any legal ramifications.