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.
Overview
The Social Security (Australian Government Disaster Recovery Payment) Determination 2007 (No. 1) was enacted in response to the need for immediate financial assistance for Australians adversely affected by major or widespread disasters. This Determination was introduced to provide clarity and implementation detail for the Australian Government Disaster Recovery Payment (AGDRP), a short-term financial aid introduced under Section 1061K of the Social Security Act 1991. The determination was necessitated by significant bushfires in the Dwellingup and Porongurup areas in Western Australia in early 2007, which were declared major disasters by the Minister. The policy objective of this Determination is to ensure that affected individuals receive timely support by clearly defining the circumstances under which they qualify for the AGDRP, specifically focusing on those whose primary residences were destroyed or rendered uninhabitable due to the fires. The Determination was issued without formal consultation due to the urgent need for relief and is not subject to disallowance by Parliament.
Scope and Application
The Social Security (Australian Government Disaster Recovery Payment) Determination 2007 (No. 1) applies to individuals who have been adversely affected by the bushfires in the Dwellingup and Porongurup areas in the south-west of Western Australia, which commenced in January and February 2007 respectively. The Determination provides an immediate, short-term payment to those affected by these major or widespread disasters. The legislation applies specifically to persons who have had their principal place of residence destroyed or rendered uninhabitable as a direct result of these bushfires. The coverage extends from the start of the fires in January and February 2007 to the end of March 2007 if the fires continue to burn into that month. This instrument does not require disallowance by the Parliament, and formal consultation was not undertaken due to the urgency of the situation. The Act does not specify any exclusions or exemptions, and the payment is contingent upon the Minister's determination of the circumstances in which a person is adversely affected by the disaster.
Key Provisions
The Australian Government Disaster Recovery Payment (AGDRP) is established under Section 1061K of the Social Security Act 1991, providing an immediate, short-term payment to Australians impacted by a major or widespread disaster. Qualification for this payment requires the individual to be "adversely affected by a major disaster" as stipulated in Section 1061L(2) of the Act. The Minister has the authority to determine, in writing, the circumstances under which individuals are considered adversely affected by such a disaster, as outlined in Section 36 of the Act. For the purpose of this legislation, two specific declarations have been made concerning bushfires in the Dwellingup and Porongurup areas of Western Australia, classifying these events as major disasters.
The obligations imposed by the Social Security (Australian Government Disaster Recovery Payment) Determination 2007 (No. 1) involve the establishment of criteria for determining when an individual is adversely affected by the declared major disasters. According to Section 4 of the Determination, a person is considered adversely affected if their principal place of residence has been destroyed or rendered inhabitable as a direct result of the bushfires, as detailed in Schedule 2. The Determination provides specific coverage periods for the fires in the Dwellingup and Porongurup areas, extending the period of eligibility if the fires persist beyond their initial dates.
The Determination also outlines the legal framework for the Minister's determinations under Section 1061L, noting that such determinations are legislative instruments not subject to disallowance by Parliament, as specified in subsection 1061L(3) of the Act. Additionally, it is stated that formal consultation was not undertaken due to the urgent nature of the Determination.
In terms of legal consequences, the Social Security (Australian Government Disaster Recovery Payment) Determination 2007 (No. 1) does not explicitly detail specific offences, penalties, or civil/criminal consequences for breaches of its provisions. However, any misuse or fraudulent claims in relation to the AGDRP could potentially result in legal action under the general provisions of the Social Security Act 1991, which may include fines or imprisonment for serious breaches. The exact penalties would depend on the nature and severity of the breach, as outlined in the broader legislative context provided by the Social Security Act.