Explanatory Statement
Social Security (Australian Government Disaster Recovery Payment) Determination 2007 (No. 1)
The Australian Government Disaster Recovery Payment (the AGDRP) provides an immediate, short-term payment to Australians affected by a major or widespread disaster.
Section 1061K of the Social Security Act 1991 (the Act) contains the qualification criteria for the AGDRP. One of the qualification criteria requires a person to be “adversely affected by a major disaster”.
Subsection 1061L(2) of the Act provides that the “Minister may determine in writing, in relation to a major disaster, the circumstances in which persons are to be taken to be adversely affected by the disaster”.
Section 36 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.
The Minister has made two declarations under section 36 of the Act. The first declaration applies to the bushfires in the Dwellingup area in the south-west of the State of Western Australia that started in January 2007. The second declaration applies to the bushfires in the Porongurup area in the south-west of Western Australia that started in February 2007. Both fires are declared to be major disasters. These declarations continue to apply in the event the fires continue to burn through the remainder of February and into March 2007.
The Social Security (Australian Government Disaster Recovery Payment) Determination 2007 (No. 1) (the Determination) gives effect to the two declarations referred to above and sets out the circumstances in which a person is to be regarded as “adversely affected” by the fires in question.
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 definitions relevant to the Determination.
Section 4 provides that for the purposes of subsection 1061L(2) of the Act, a person is adversely affected by a disaster mentioned in Schedule 1 if the person is affected in the way mentioned in Schedule 2.
Item 1 of Schedule 1 to the Determination applies to the fires in the Dwellingup area in the south-west of Western Australia that started in January 2006 and that have continued through February 2007. The period of coverage is from when the fires started in January 2007 to the end of March 2007 in the event they continue to burn into March 2007.
Item 2 of Schedule 1 to the Determination applies to the fires in the Porongurup area in the south-west of Western Australia and provides coverage from when the fires started in February 2007 to the end of March 2007 in the event the fires continue to burn into March 2007.
Schedule 2 to the Determination provides that a person is adversely affected if the person’s principal place of residence has been destroyed or rendered inhabitable as a direct result of the bushfires referred to in item 1 and 2 of Schedule 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 states 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.