Explanatory Statement
Social Security (Australian Government Disaster Recovery Payment) Determination 2007 (No. 3)
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 Jacob that crossed the north-west coast of the State of Western Australia near Port Hedland on 12 March 2007.
The Social Security (Australian Government Disaster Recovery Payment) Determination 2007 (No. 3) (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 Jacob.
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 Jacob that crossed the north-west coast of the State of Western Australia near Port Hedland on 12 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 if 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. 3) was introduced to provide financial support to Australians adversely affected by Tropical Cyclone Jacob, which struck the north-west coast of Western Australia near Port Hedland on 12 March 2007. This Determination is an urgent response to the immediate needs of individuals who have suffered significant impacts due to the cyclone, such as the destruction of their principal place of residence or serious injury. The Australian Government Disaster Recovery Payment is designed as a short-term measure to aid in the initial recovery phase, ensuring that affected individuals can meet their basic needs while longer-term recovery efforts are underway.
This Determination is enacted under section 1061L of the Social Security Act 1991, which allows the Minister for Social Services to declare certain events as major disasters and to specify the circumstances under which individuals are considered adversely affected. The policy objective is to provide swift and direct financial assistance to those in need, recognising the significant disruption and hardship caused by such disasters. The urgency of the situation meant that formal consultation was not possible, and the Determination was implemented without the requirement for disallowance by the Parliament.
Scope and Application
The Australian Government Disaster Recovery Payment (AGDRP) under the Social Security Act 1991 provides an immediate, short-term payment to Australians who are adversely affected by a major or widespread disaster. The Act applies to individuals who are directly impacted by such disasters, requiring them to meet specific criteria to be eligible for the payment. The Act empowers the Minister to declare an event as a major disaster if it significantly affects individuals to the extent that a government response is necessary. The Social Security (Australian Government Disaster Recovery Payment) Determination 2007 (No. 3) gives effect to such declarations and specifies the circumstances under which a person can be considered adversely affected by the disaster, such as when their principal place of residence is destroyed or rendered uninhabitable or if they suffer serious injury as a direct result of the disaster. This Determination, which is a legislative instrument, is not subject to disallowance by the Parliament and was implemented without formal consultation due to the urgent nature of the need.
Key Provisions
The main operative sections of the Social Security (Australian Government Disaster Recovery Payment) Determination 2007 (No. 3) establish the criteria and circumstances under which a person qualifies for the Australian Government Disaster Recovery Payment (AGDRP) following a major disaster. Section 4 of the Determination specifies that a person is adversely affected by a disaster if their principal place of residence has been destroyed or rendered uninhabitable, or if they have been seriously injured as a direct result of the disaster. This aligns with the requirements of section 1061L(2) of the Social Security Act 1991, which allows the Minister to determine the circumstances under which a person is considered adversely affected by a disaster. The Determination itself is a legislative instrument under subsection 1061L(3) of the Act and is not subject to disallowance by the Parliament.
The obligations and requirements imposed by the Act and the Determination on the parties involved are primarily centred around the assessment and distribution of the AGDRP. The Minister, under section 36 of the Act, must determine if an event qualifies as a major disaster necessitating a government response. Once this determination is made, the Minister, in line with section 1061L(2), must specify the circumstances under which individuals are deemed adversely affected by the disaster. The Act also places an obligation on affected individuals to provide necessary documentation and evidence of their adverse impact to substantiate their claim for the AGDRP.
Breach of the provisions outlined in the Determination could potentially lead to civil or criminal consequences. While specific penalties are not detailed in the Determination itself, general provisions under the Social Security Act 1991 may apply. For instance, providing false information or documents to obtain the AGDRP could be considered fraud, which might result in criminal charges. Under Australian law, fraud carries significant penalties, including fines and imprisonment. Additionally, any misuse of the AGDRP could be subject to civil action for restitution or other remedies available under the Social Security Act.