Social Security (Australian Government Disaster Recovery Payment—Bushfires—Western Victoria—February 2024) Determination 2024

Administered by Department of Home Affairs

Legislation au F2024L00188 Not in force Legislative Instrument

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EXPLANATORY STATEMENT

 

Issued by authority of the Minister for Emergency Management

 

Social Security Act 1991

 

Social Security (Australian Government Disaster Recovery Payment—Bushfires—Western Victoria—February 2024) Determination 2024

 

Legislative Authority

 

  1. The Australian Government Disaster Recovery Payment (AGDRP) provides an immediate, one-off payment to a person adversely affected by a major disaster.

 

2.      Section 1061K of the Social Security Act 1991 (the Act) specifies the qualification criteria for the AGDRP. One of the qualification criteria requires a person to be ‘adversely affected by a major disaster’.

 

3.      Subsection 1061L(1) of the Act provides that, for the Act, a person is adversely affected by a major disaster if the person is affected by the major disaster in a way determined by the Minister.

 

4.      Subsection 1061L(2) of the Act provides that the Minister may determine in writing, for a major disaster, the circumstances in which persons are to be taken to be adversely affected by the major disaster.

 

5.      Subsection 36(1) of the Act empowers the Minister to determine in writing that an event is a major disaster if the Minister is satisfied that an event is a disaster that has such a significant impact on individuals that a government response is required, or the event is an emergency to which a national emergency declaration relates.

 

Background

 

6.      The Minister for Emergency Management has made a determination under subsection 36(1) of the Act that the bushfires that commenced on 13 February 2024 and ended on 18 February 2024, and significantly affected the locality of Pomonal in the Rural City of Ararat local government area, is a major disaster.

 

7.      The Social Security (Australian Government Disaster Recovery Payment—Bushfires—Western Victoria—February 2024) Determination 2024 (the Determination) sets out the circumstances in which a person is ‘adversely affected’ by this major disaster for AGDRP purposes.

 

Notes on clauses of the Determination

 

8.      Section 1 sets out the name of the Determination.

 

9.      Section 2 provides that the Determination commences immediately after it is signed. For section 12 of the Legislation Act 2003, the Determination may commence before it is registered as it will not disadvantage any persons adversely affected by the major disaster.

 

10.  Section 3 provides that the Determination is made under subsection 1061L(2) of the Act.

 

11.  Section 4 provides definitions relevant to the Determination, including Act, destroyed, immediate family member, major asset or assets, major damage, seriously injured and principal place of residence.

 

12.  Subsection 5(1) provides that the Determination applies to the major disaster being the bushfires that commenced on 13 February 2024 and ended on 18 February 2024, affecting the locality of Pomonal in the Rural City of Ararat local government area in Victoria.

 

13.  Subsection 5(2) provides that the circumstances in which a person is taken to be adversely affected by the major disaster mentioned in subsection 5(1) are if:

(a) the person is seriously injured as a direct result of the major disaster (paragraph 5(2)(a)); or

(b) the person is an immediate family member of an Australian citizen or resident who is missing and presumed killed or killed as a direct result of the major disaster (paragraph 5(2)(b)); or

(c) the person’s principal place of residence has been destroyed or has major damage as a direct result of the major disaster (paragraph 5(2)(c)); or

(d) a major asset or assets of the person has or have been destroyed or suffered major damage as a result of the major disaster; or

(e) the person is a carer of a child to whom paragraphs 5(2)(a), (b), (c) or (d) apply (paragraph 5(2)(e)).

 

Consultation

 

14.  The Office of Impact Analysis was consulted prior to making this instrument and advised that an impact analysis was not required. The OIA reference number is OIA24-06818. No further formal consultation was undertaken as the Determination was required to commence as a matter of urgency.

 

15.  Information about the support made available to individuals affected by this event will be made available on NEMA’s website.

 

Other matters

 

16.  Subsection 1061L(3) of the Act provides that a determination under section 1061L is a legislative instrument. Subsection 1061L(3) of the Act provides that section 42 of the Legislation Act 2003 does not apply to it. The instrument is therefore exempt from disallowance by Parliament.

Overview

The Social Security (Australian Government Disaster Recovery Payment—Bushfires—Western Victoria—February 2024) Determination 2024 was enacted to address the urgent need for financial support for individuals adversely affected by the bushfires in Western Victoria in February 2024. This Determination was made under the authority of the Social Security Act 1991 and is designed to provide clarity and expedite the delivery of the Australian Government Disaster Recovery Payment (AGDRP) to those impacted. The policy objective is to ensure that affected individuals receive immediate financial assistance to help them recover from the disaster. The Minister for Emergency Management determined that the bushfires, which significantly affected the locality of Pomonal in the Rural City of Ararat, constitute a major disaster warranting government intervention. This Determination outlines the specific circumstances under which a person is considered adversely affected by this disaster for the purposes of receiving the AGDRP.

Scope and Application

The Social Security (Australian Government Disaster Recovery Payment—Bushfires—Western Victoria—February 2024) Determination 2024 applies to individuals who have been adversely affected by the bushfires that took place between 13 February and 18 February 2024 in the locality of Pomonal, Rural City of Ararat local government area, Victoria. This determination is made under the authority of the Social Security Act 1991 and is effective immediately upon signing, ensuring that it does not disadvantage any affected persons. The application of this Determination is geographically limited to the specified bushfire event in Western Victoria and is targeted towards individuals who meet the specific criteria of being adversely affected, such as being seriously injured, having a principal place of residence destroyed or significantly damaged, or being a carer of a child affected by the disaster. The instrument exempts itself from disallowance by Parliament under the Legislation Act 2003, reflecting the urgency and necessity of the relief being provided.

Key Provisions

The Social Security (Australian Government Disaster Recovery Payment—Bushfires—Western Victoria—February 2024) Determination 2024 sets out the circumstances under which individuals can qualify for the Australian Government Disaster Recovery Payment (AGDRP) following the bushfires in Western Victoria in February 2024. Section 5(1) specifies that the Determination applies to the bushfires that occurred between 13 and 18 February 2024, affecting the locality of Pomonal in the Rural City of Ararat. Section 5(2) then details the criteria for being considered adversely affected by the disaster. A person is deemed adversely affected if they are seriously injured (5(2)(a)), are an immediate family member of an Australian citizen or resident missing or killed as a direct result of the disaster (5(2)(b)), their principal place of residence was destroyed or suffered major damage (5(2)(c)), they have suffered the destruction or major damage of a major asset (5(2)(d)), or they are a carer of a child who meets any of the aforementioned criteria (5(2)(e)). The Determination imposes obligations on individuals to provide accurate information and documentation to substantiate their claims for AGDRP. Claimants must provide evidence of their injury, the destruction or damage to their residence or assets, or their status as a carer for an affected child. The Minister for Emergency Management has the authority to determine whether the evidence provided is sufficient and to make decisions on the eligibility of individuals for the payment. The Minister is also responsible for ensuring that the payment is distributed in a timely manner to those who qualify under the Determination. Breaching the requirements set forth in the Determination can have legal consequences. While the explanatory statement does not explicitly detail specific offences or penalties for non-compliance, it is implied that failure to provide accurate information or providing false information to obtain the AGDRP could be considered fraudulent. Such actions could potentially lead to civil or criminal penalties under relevant Australian laws, including fines or imprisonment, as well as the requirement to repay any payments received under false pretenses. The Determination, being a legislative instrument, is exempt from disallowance by Parliament, as outlined in subsection 1061L(3) of the Social Security Act 1991. This ensures the swift implementation of the Determination to provide timely support to those affected by the disaster.

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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.