Social Security (Australian Government Disaster Recovery Payment—Amount of Payment for Disasters Outside Australia) Determination 2018

Administered by Department of Home Affairs

Legislation au F2019L00257 In force Legislative Instrument

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EXPLANATORY STATEMENT

Social Security Act 1991

Social Security (Australian Government Disaster Recovery Payment—Amount Of Payment For Disasters Outside Australia) Determination 2018

(Subsections 1061P(4) and (5))

  1. Instrument LIN 18/134 (the instrument) is made under subsections 1061P(4) and (5) of the Social Security Act 1991 (the Act).
  2. The Australian Government Disaster Recovery Payment (the AGDRP) provides a one‑off payment to Australians adversely affected by a major disaster either in or outside Australia.  Division 1 of Part 2.24 of the Act provides the qualification criteria to access the AGDRP.
  3. The rates of the AGDRP payable for major disasters outside Australia are determined by the Minister in accordance with subsections 1061P(4) and (5) of the Act. Different rates of payment are specified for adults (subsection 1061P(4)) and children (subsection 1061P(5)).
  4. Section 1601N of the Act provides that the amount of AGDRP payable to a person in relation to a major disaster outside Australia is the amountadult rate of payment determined by the Minister (paragraph 1061N(a)) and, if the person is the principal carer for one or more children, the amountchild rate of payment determined by the Minister multiplied by the number of children for whom the person is the principal carer (paragraph 1061N(b)).
  5. Section 6 of the instrument provides the The instrument provides in section 6 that the amountadult rate of  determined by the Minister under subsectionthe AGDRP payable for major disasters outside Australia  1061P(4) of the Act is $1000. The effect of this section is to provide that, subject to the qualification requirements set out in Division 1 of Part 2.24 of the Act, the AGDRP payable to a person in relation to a major disaster that occurs outside Australia is $1000.
  6. The instrument provides in Ssection 7 of the instrument provides the child rate of the AGDRP payable for major disasters outside Australia that the amount determined by the Minister under subsection 1061P(5) of the Act is $400. The effect of this section is to provide that, if the person described in paragraph 3 above is the principal carer of a child, the amount payable to the person is to include $400 for each child for whom the person is the principal carer.
  7. Subsections 1061P(4) and (5) of the Act provide that the amounts determined must not exceed the adult rate and the child rate of the AGDRP payable for major disasters in Australia set out in section 1061M of the Act, for the financial year in which the determination is made. Subsection 1061M(2) provides the adult rate of the AGDRP payable for a major disaster that occurs in Australia is either the amount determined by the Minister, or, if the Minister has never determined an adult rate of payment, $1,000. Similarly, subsection 106M(3) provides the child rate of the AGDRP payable for a major disaster that occurs in Australia is either the amount determined by the Minister, or, if the Minister has never determined an adult rate of payment, $400.
  8. The Minister has never determined an adult rate or a child rate for the purposes of subsections 1061M(2) and 1061M(3) of the Act and, therefore, the amounts determined by the instrument as the adult and child rates of payment for major disasters outside Australia under subsections 1061P(4) and 1061P(5) of the Act for the purposes of paragraphs 1061N(a) and 1061N(b) of the Act, must not exceed $1000 and $400 respectively.  The instrument sets the adult and child rates of the AGDRP payable for disasters outside Australia at $1000 and $400 respectively, and therefore complies with this requirement.
  9. Section 36 of the Act provides for the Minister to make a determination in writing that an event is a “major disaster” if certain conditions are satisfied. Subsections 5(15) to (24) of the Act provide for when a person is the “principal carer” of a child.

6.             Subsections 1061P(4) and (5) of the Act provide that the amounts determined must not exceed the adult rate and the child rate as set out in section 1061M of the Act, for the financial year in which the determination is made. The Minister has never determined an adult rate or a child rate for the purposes of subsections 1061M(2) and 1061M(3) of the Act and, therefore, paragraph (c) of each of those subsections applies such that the amount determined under subsections 1061P(4) and 1061P(5) for the purposes of paragraphs 1061N(a) and 1061N(b) must not exceed $1000 and $400 respectively.  The instrument complies with this requirement. 

7.10.       Schedule 1 to the instrument repeals the Social Security (Australian Government Disaster Recovery Payment – Amount of payment for disasters outside Australia) Determination 2008 (F2008L04535) which is due to sunset on 1 April 2019.  The Minister’s power to repeal this instrument is contained in subsections 1061(4) and (5) of the Act as provided by subsection 33(3) of the Acts Interpretation Act 1901, which states that where an Act confers a power to make, grant or issue any instrument of a legislative or administrative character, the power shall be construed as including a power exercisable in the like manner and subject to the like conditions (if any) to repeal, rescind, revoke, amend, or vary any such instrument.

8.11.       In accordance with paragraph 15J(2)(d) of the Legislation Act 2003, prior to making this instrument consultation was conducted with the Department of Social Services and the Department of Foreign Affairs and Trade.

9.12.       The Office of Best Practice Regulation (OBPR) has advised that a Regulatory Impact Statement is not required (OBPR Reference 23942).

10.13.Subsection 1061P(6) of the Act provides that section 42 of the Legislation Act 2003 (disallowance) does not apply to this instrument.  Therefore a Statement of Compatibility with Human Rights is not required.

11.14.The instrument commences on the day after registration on the Federal Register of Legislation.

Overview

The Social Security Act 1991, enacted by the Australian Parliament, addresses the need for a financial support mechanism for Australians affected by major disasters both within and outside Australia. The Act establishes the Australian Government Disaster Recovery Payment (AGDRP), a one-off payment designed to assist individuals adversely impacted by such disasters. The policy objective is to provide timely and necessary financial relief to those in need, ensuring that Australians can recover from the effects of major disasters with some degree of financial stability. The Act empowers the Minister to determine the rates of payment for the AGDRP, ensuring that the support provided is both appropriate and responsive to the needs arising from disaster situations.

Scope and Application

The Social Security (Australian Government Disaster Recovery Payment—Amount Of Payment For Disasters Outside Australia) Determination 2018 applies to Australians who are adversely affected by major disasters occurring outside Australia, providing them with a one-off payment as part of the Australian Government Disaster Recovery Payment (AGDRP). This instrument is made under the authority of subsections 1061P(4) and (5) of the Social Security Act 1991, which empowers the Minister to determine the rates of payment for such disasters. The determination specifies a payment of $1,000 for adults and $400 for each child, provided by a principal carer, subject to the qualifying criteria outlined in Division 1 of Part 2.24 of the Act. The instrument ensures that these amounts do not exceed the rates set for disasters within Australia, which, by default, are $1,000 for adults and $400 for children if no specific rate has been previously determined. The instrument also repeals the previous determination from 2008 to update the rates and provisions in line with current legislative requirements. It is a Commonwealth instrument, applying across Australia and coming into effect upon registration on the Federal Register of Legislation.

Key Provisions

The Social Security (Australian Government Disaster Recovery Payment—Amount Of Payment For Disasters Outside Australia) Determination 2018 (subsections 1061P(4) and (5)) establishes the payment rates for Australians adversely affected by major disasters occurring outside Australia. Under section 6 of this instrument, the adult rate of the Australian Government Disaster Recovery Payment (AGDRP) for such disasters is set at $1,000, while the child rate, as stipulated in section 7, is $400. These rates are subject to the qualification criteria outlined in Division 1 of Part 2.24 of the Social Security Act 1991 (the Act). The determination ensures that these rates do not exceed the respective rates for disasters occurring within Australia, which are either determined by the Minister or, in the absence of such determination, set at $1,000 for adults and $400 for children as per sections 1061M(2) and 1061M(3) of the Act. Entities and individuals subject to this legislation must meet the qualification criteria to be eligible for the AGDRP. This includes demonstrating that they have been adversely affected by a major disaster outside Australia and fulfilling any additional requirements set forth in Division 1 of Part 2.24 of the Act. The instrument also mandates that the Minister must determine in writing that an event qualifies as a "major disaster" if certain conditions are satisfied, as outlined in section 36 of the Act. Furthermore, the determination of who qualifies as a "principal carer" of a child is governed by subsections 5(15) to (24) of the Act. Breaches of the provisions of this instrument may lead to various consequences, though specific offences and penalties are not detailed within the explanatory statement. Generally, under Australian law, failure to comply with the requirements of an instrument made under the Social Security Act 1991 could result in civil or criminal penalties. These could include fines or other sanctions as prescribed by relevant legislation. The instrument itself does not specify maximum penalties, but penalties for breaches of social security laws can vary widely depending on the nature and severity of the breach. Additionally, subsection 1061P(6) of the Act specifies that section 42 of the Legislation Act 2003 (disallowance) does not apply to this instrument, and therefore, a Statement of Compatibility with Human Rights is not required. The instrument is set to commence on the day after its registration on the Federal Register of Legislation. Prior to its creation, consultation was conducted with relevant departments, including the Department of Social Services and the Department of Foreign Affairs and Trade, as required by paragraph 15J(2)(d) of the Legislation Act 2003. The Office of Best Practice Regulation has advised that a Regulatory Impact Statement is not necessary for this instrument.

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.