Explanatory Statement
Social Security (Australian Government Disaster Recovery Payment) Determination 2007 (No. 5)
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 27 June 2007 in the Gippsland region of Victoria.
The Social Security (Australian Government Disaster Recovery Payment) Determination 2007 (No. 5) (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 27 June 2007 in the Gippsland region of Victoria.
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. 5) was enacted in response to the urgent need to provide immediate financial assistance to Australians affected by the storm damage and associated flooding that began on 27 June 2007 in the Gippsland region of Victoria. This Determination was introduced to address the gap in financial support for individuals who had their principal place of residence destroyed or rendered uninhabitable for at least 48 hours, or those who were seriously injured and required hospitalisation for a similar duration due to the disaster. The Determination, empowered under Section 36 of the Social Security Act 1991, was made by the Minister, who declared the event to be a "major disaster" requiring government intervention. It outlines specific circumstances that deem a person to be adversely affected by the disaster, ensuring they are eligible for the Australian Government Disaster Recovery Payment. This legislative instrument was enacted swiftly without the need for formal consultation due to its urgency and does not fall under the disallowance provisions of the Legislative Instruments Act 2003.
Scope and Application
The Social Security (Australian Government Disaster Recovery Payment) Determination 2007 (No. 5) applies to individuals adversely affected by the storm damage and associated flooding that began on 27 June 2007 in the Gippsland region of Victoria. This legislation provides for the Australian Government Disaster Recovery Payment (AGDRP) under the Social Security Act 1991, ensuring that those who have been significantly impacted by the disaster receive immediate financial assistance. The Act specifies that to qualify for the payment, an individual must be adversely affected by the disaster, defined by the circumstances outlined in the Determination. The Minister has the authority to declare a major disaster, and in this instance, has done so for the specified storm damage and flooding in Victoria. The Determination itself sets out the conditions under which an individual can be considered adversely affected, such as having their principal place of residence destroyed or rendered uninhabitable for at least 48 hours, or being seriously injured and requiring hospitalisation for at least 48 hours as a direct result of the disaster. This legislative instrument is exempt from disallowance by the Parliament, reflecting the urgent need for such measures in the aftermath of a major disaster.
Key Provisions
The main operative sections of the Social Security (Australian Government Disaster Recovery Payment) Determination 2007 (No. 5) focus on establishing the criteria and circumstances under which an individual can be considered adversely affected by a major disaster, thereby qualifying for the Australian Government Disaster Recovery Payment (AGDRP) as outlined in section 1061K of the Social Security Act 1991. Section 1 of the Determination identifies the name of the document, while section 2 specifies its commencement date upon signature. Section 3 provides definitions pertinent to the interpretation of the Determination, and section 4 explicitly outlines the circumstances under which a person is deemed adversely affected by the storm damage and associated flooding in the Gippsland region of Victoria, as mentioned in Schedule 1 and Schedule 2 of the Determination.
The Act imposes specific obligations and requirements on the entities it governs. The Minister, under section 36 of the Social Security Act 1991, has the authority to determine if an event qualifies as a "major disaster" based on its significant impact on individuals, necessitating a government response. This determination is crucial for establishing the eligibility criteria for the AGDRP. Additionally, under section 1061L of the Act, the Minister can specify the circumstances in which individuals are to be regarded as adversely affected by a major disaster, which is implemented through the Determination. This includes the stipulations provided in Schedules 1 and 2, which detail the specific conditions for being adversely affected by the storm damage and associated flooding in the Gippsland region.
In terms of offences, penalties, and consequences for breach, the Social Security (Australian Government Disaster Recovery Payment) Determination 2007 (No. 5) does not explicitly outline specific offences or penalties within its text. However, the Determination is a legislative instrument as per subsection 1061L(3) of the Social Security Act 1991 and is not subject to disallowance by the Parliament, as confirmed by the application of the Legislative Instruments Act 2003. The urgency of the Determination meant that formal consultation was not undertaken, underscoring the necessity for swift action in response to the disaster. While the Determination itself does not detail penalties for non-compliance, breaches of the broader Social Security Act 1991 could potentially incur civil or criminal penalties depending on the nature and severity of the breach.