Explanatory Statement
Social Security (Australian Government Disaster Recovery Payment) Determination 2007 (No. 4)
The Australian Government Disaster Recovery Payment (the AGDRP) provides an immediate 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 determination under section 36 of the Act that applies to storm damage and associated flooding that began on 7 June 2007 in the Central Coast and Hunter regions of New South Wales.
The Social Security (Australian Government Disaster Recovery Payment) Determination 2007 (No. 4) (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 the storm damage or associated flooding.
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 storm damage and associated flooding that began on 7 June 2007 in the Central Coast and Hunter regions of New South Wales.
Schedule 2 to the Determination provides two circumstances where a person is adversely affected. The first is where the person’s principal place of residence has been destroyed or rendered uninhabitable for a period of 48 hours or more as a direct result of the major disaster referred to in Schedule 1. The second circumstance is where the person has been seriously injured and requires hospitalisation for at least 48 hours as a direct result of the major disaster 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. 4) was enacted to provide an immediate payment to Australians adversely affected by the storm damage and associated flooding that occurred on 7 June 2007 in the Central Coast and Hunter regions of New South Wales. This legislation was introduced to address the urgent need for financial support for individuals and families impacted by this disaster. Enacted by the Minister under the Social Security Act 1991, the policy objective of the Determination is to ensure that those significantly affected by the disaster receive timely and appropriate assistance. The Determination outlines the specific circumstances under which a person can be considered adversely affected by the disaster, such as having their principal place of residence destroyed or rendered uninhabitable, or being seriously injured and requiring hospitalisation. The urgency of the situation meant that formal consultation was not undertaken, and the Determination is not subject to disallowance by the Parliament.
Scope and Application
The Social Security (Australian Government Disaster Recovery Payment) Determination 2007 (No. 4) applies to individuals who have been adversely affected by the major disaster declared under Section 36 of the Social Security Act 1991. Specifically, this applies to the storm damage and associated flooding that occurred on 7 June 2007 in the Central Coast and Hunter regions of New South Wales. The Act identifies two primary circumstances in which a person is considered adversely affected: where their principal place of residence has been destroyed or rendered uninhabitable for at least 48 hours due to the disaster, or where the person has been seriously injured and required hospitalisation for at least 48 hours as a direct result of the disaster. The Determination is a legislative instrument and is not subject to disallowance under the Legislative Instruments Act 2003. Notably, formal consultation was not undertaken due to the urgency of the situation.
Key Provisions
The main operative sections of the Social Security (Australian Government Disaster Recovery Payment) Determination 2007 (No. 4) detail the specific circumstances under which an individual can be considered adversely affected by a major disaster, thereby qualifying them for the Australian Government Disaster Recovery Payment (AGDRP). According to section 4 of the Determination, a person is deemed adversely affected if they meet the criteria outlined in Schedule 2, which relates to the storm damage and associated flooding that began on 7 June 2007 in the Central Coast and Hunter regions of New South Wales. This means that if a person’s principal place of residence has been destroyed or rendered uninhabitable for at least 48 hours, or if they have been seriously injured and required hospitalisation for at least 48 hours as a direct result of the disaster, they qualify for the AGDRP. The Determination provides clarity on these eligibility criteria, ensuring that affected individuals can be identified and supported promptly.
The Act imposes several obligations on the parties involved, primarily centred around the need to accurately determine and document the impact of the disaster. Section 36 of the Social Security Act 1991 mandates that the Minister must determine whether an event qualifies as a "major disaster" based on its significant impact on individuals. Once such a determination is made, the Minister must also specify the circumstances under which individuals are considered adversely affected by that disaster, as outlined in section 1061L(2). The obligations of the Minister are thus twofold: to recognise the event as a major disaster and to define the criteria for adverse impact. The Determination itself, which gives effect to these determinations, also requires that it be signed and dated, as per section 2.
The determinations and the subsequent Determination itself carry significant consequences for non-compliance or improper conduct. While the explanatory statement does not detail specific offences, penalties, or consequences within the Determination, the broader legislative framework under which it operates does provide for enforcement mechanisms. For instance, breaches of the Social Security Act 1991 could potentially result in civil or criminal penalties. The Act includes provisions for penalties where there is an intentional disregard of its requirements, and these penalties can be substantial, including fines and imprisonment in severe cases. The Determination, as a legislative instrument, is protected from disallowance by the Parliament, underscoring the importance and urgency of its provisions.