Explanatory Statement
Social Security (Australian Government Disaster Recovery Payment) Determination 2008 (No. 2)
The Australian Government Disaster Recovery Payment (the AGDRP) provides an immediate, one-off payment to Australians adversely affected by a major 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 flooding that began on 14 February 2008 generated from the monsoonal trough over the coast of central Queensland that affected the Mackay region and continued on to affect other areas of Queensland.
The Social Security (Australian Government Disaster Recovery Payment) Determination 2008 (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 the 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 the flooding that began on 14 February 2008 generated from the monsoonal trough over the coast of central Queensland that affected the Mackay region and continued on to affect other areas of Queensland.
Schedule 2 to the Determination provides three circumstances where a person is adversely affected. The first is where the person is seriously injured and is admitted to hospital for treatment 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’s principal place of residence has been destroyed as a direct result of the major disaster referred to in Schedule 1. The third circumstance is where the person’s principal place of residence has been damaged as a direct result of the major disaster referred to in Schedule 1.
What is considered to constitute “damaged” is as defined in section 3 of the Determination.
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 2008 (No. 2) was enacted to provide an immediate, one-off payment to Australians adversely affected by a major disaster, specifically the flooding in Queensland that began on 14 February 2008. The Act was introduced to address the urgent need for financial assistance to those significantly impacted by the disaster, enabling them to recover more swiftly. This Determination was made under the Social Security Act 1991, and it outlines the specific circumstances in which individuals can be considered adversely affected by the disaster, thus qualifying for the payment. The policy objective is to ensure that affected individuals receive timely support, facilitating their recovery and minimising the long-term impact of the disaster on their lives. The Determination was enacted without formal consultation due to the urgency of the situation, and it is not subject to disallowance by the Parliament.
Scope and Application
The Social Security (Australian Government Disaster Recovery Payment) Determination 2008 (No. 2) applies to individuals adversely affected by the flooding that began on 14 February 2008 in central Queensland, specifically in the Mackay region, and subsequently impacted other areas of the state. The Act targets those who have suffered direct consequences from this major disaster, such as serious injury requiring hospitalisation for at least 48 hours, the destruction of their principal place of residence, or damage to their principal place of residence as defined in the determination. The Minister, empowered under Section 36 of the Social Security Act 1991, declared the event a major disaster due to its significant impact on individuals necessitating a government response. This Determination, which sets out the specific circumstances under which an individual is considered adversely affected, is a legislative instrument and does not require disallowance by the Parliament. Although formal consultation was not undertaken due to the urgency of the situation, the Determination provides clarity on eligibility for the Australian Government Disaster Recovery Payment.
Key Provisions
The main sections of the Social Security (Australian Government Disaster Recovery Payment) Determination 2008 (No. 2) outline the specific circumstances under which an individual qualifies for the Australian Government Disaster Recovery Payment (AGDRP). Under section 4, a person is considered adversely affected by the major disaster if they meet any of the criteria detailed in Schedule 2. The criteria include being seriously injured and admitted to hospital for at least 48 hours, having their principal residence destroyed, or having their principal residence damaged due to the disaster. Schedule 1 specifies the disaster in question—flooding originating from the monsoonal trough over central Queensland on 14 February 2008. Definitions pertinent to the determination, such as what constitutes "damaged," are provided in section 3.
The Act imposes specific obligations on individuals seeking the AGDRP. They must demonstrate that they have been adversely affected by the disaster as defined in the Determination. This involves providing evidence that aligns with one of the three criteria in Schedule 2. Additionally, applicants must meet the broader eligibility criteria for the AGDRP, including being adversely affected by the declared major disaster. The Act also requires the Minister to make a written determination regarding the circumstances under which a person is considered adversely affected by the disaster, as outlined in section 1061L(2). This determination is crucial for establishing the eligibility of applicants.
Any failure to comply with the requirements set out in the Act may result in civil or criminal consequences. While the Explanatory Statement does not explicitly detail the penalties for non-compliance, it is understood that penalties may apply for providing false or misleading information. Under section 1061L(3) of the Social Security Act 1991, the Determination is a legislative instrument not subject to disallowance, indicating that its provisions carry the weight of law. Thus, non-compliance could potentially lead to legal repercussions, although the specific penalties are not enumerated in the provided text.