Explanatory Statement
Social Security (Australian Government Disaster Recovery Payment) Determination 2007 (No. 2)
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 a declaration under section 36 of the Act that applies to Tropical Cyclone George that crossed the north-west coast of the State of Western Australia near Port Hedland on 8 March 2007.
The Social Security (Australian Government Disaster Recovery Payment) Determination 2007 (No. 2) (the Determination) gives effect to the declaration referred to above and sets out the circumstances in which a person is to be regarded as “adversely affected” by Tropical Cyclone George.
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.
Schedule 1 to the Determination applies to Tropical Cyclone George that crossed the north-west coast of the State of Western Australia near Port Hedland on 8 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 uninhabitable as a direct result of the cyclone referred to in Schedule 1 or the person has been seriously injured as a direct result of the cyclone referred to in 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 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) Determination 2007 (No. 2) was enacted in response to the urgent need to provide financial support to individuals adversely affected by Tropical Cyclone George, which devastated parts of Western Australia in March 2007. This Determination supplements the Social Security Act 1991 by clarifying the criteria under which individuals can be considered adversely affected by the disaster, thus qualifying them for the Australian Government Disaster Recovery Payment (AGDRP). The primary objective of this legislation is to offer immediate financial assistance to those who have suffered significant losses due to the cyclone, such as the destruction of their principal place of residence or serious injury. This Determination was made by the Minister under the authority granted by the Social Security Act 1991, reflecting the urgent nature of the disaster and the need for swift legislative action.
Scope and Application
The Social Security (Australian Government Disaster Recovery Payment) Determination 2007 (No. 2) applies to individuals who have been adversely affected by Tropical Cyclone George, which struck the north-west coast of Western Australia near Port Hedland on 8 March 2007. The Act targets Australians who have suffered significant impact from the disaster, including those whose principal place of residence has been destroyed or rendered uninhabitable, or who have been seriously injured as a direct result of the cyclone. The geographic scope of the Act is limited to the events and locations specified in the determination, namely, Tropical Cyclone George in Western Australia. The Act extends its application through the declaration made by the Minister under section 36, which identifies the event as a major disaster warranting government response. It is important to note that this determination is a legislative instrument and is not subject to disallowance by the Parliament, underscoring the urgency and necessity of the government's response to the disaster.
Key Provisions
The primary sections of the Social Security (Australian Government Disaster Recovery Payment) Determination 2007 (No. 2) are pivotal in determining who qualifies for the Australian Government Disaster Recovery Payment (AGDRP). Section 4 of the Determination specifies the criteria for being adversely affected by a disaster, while Schedule 1 identifies Tropical Cyclone George as the specific disaster in question. Schedule 2 further details the circumstances that constitute being adversely affected, such as having one's principal place of residence destroyed or rendered uninhabitable, or being seriously injured as a direct result of the cyclone. These sections work together to clarify the eligibility requirements for the AGDRP, ensuring that those who have suffered direct impacts from the disaster are considered for the payment.
The Act imposes several obligations on the parties involved. For the Minister, it requires a written declaration that an event qualifies as a major disaster, necessitating a government response (Section 36). Furthermore, the Minister must specify in writing the circumstances under which individuals are considered adversely affected by the disaster (subsection 1061L(2)). For the recipients, the primary obligation is to provide truthful information about their circumstances to qualify for the AGDRP. The Act ensures that these obligations are met through the formal declaration process and the detailed criteria set out in the Determination.
There are potential consequences for those who fail to comply with the provisions of the Act. Although the Determination itself does not specify explicit offences or penalties, breaches of the Social Security Act 1991, under which this Determination operates, may result in penalties. Under subsection 1061L(3) of the Act, a determination under section 1061L is considered a legislative instrument and is not subject to disallowance by Parliament. This implies that while there are no specific penalties outlined in the Determination, any fraudulent claims or misrepresentations could be subject to the broader penalties outlined in the Social Security Act 1991. For example, providing false information to obtain the AGDRP could result in civil or criminal penalties, including fines and potential imprisonment, as governed by the overarching legislative framework.