Explanatory Statement
Social Security (Australian Government Disaster Recovery Payment) Determination 2008 (No. 3)
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 storms generated from the severe line of thunderstorms that began on 16 November 2008 and affected the south-east corner of Queensland.
The Social Security (Australian Government Disaster Recovery Payment) Determination 2008 (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 the storms.
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 contains a specific definition of “principal place of residence”.
Section 5 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 storms generated from the severe line of thunderstorms that began on 16 November 2008 and affected the south-east corner 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 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”, “destroyed” and “seriously injured” 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. 3) was introduced to provide an immediate, one-off payment to Australians adversely affected by a major disaster. Enacted by the Minister under section 1061K of the Social Security Act 1991, the Determination aims to address the financial hardships faced by individuals significantly impacted by the severe line of thunderstorms that affected the south-east corner of Queensland starting on 16 November 2008. The legislation provides specific criteria for determining who qualifies for the Australian Government Disaster Recovery Payment, including serious injury, destruction or damage to a person's principal place of residence, as defined within the Determination. This instrument was enacted without formal consultation due to the urgency of the situation and is not subject to disallowance by the Parliament.
Scope and Application
The Social Security (Australian Government Disaster Recovery Payment) Determination 2008 (No. 3) applies to individuals adversely affected by the severe line of thunderstorms that began on 16 November 2008 and impacted the south-east corner of Queensland. This determination provides clarity on the specific circumstances in which a person qualifies for the Australian Government Disaster Recovery Payment (AGDRP) as outlined in section 1061K of the Social Security Act 1991. To be considered adversely affected, a person must meet one of the conditions set out in Schedule 2 of the Determination, such as being seriously injured, having their principal place of residence destroyed, or having it damaged due to the disaster. The Minister's determination under section 36 of the Act classifies these storms as a major disaster warranting government intervention. The determination is not subject to disallowance by the Parliament, and formal consultation was not undertaken due to the urgent nature of the disaster response.
Key Provisions
The Social Security (Australian Government Disaster Recovery Payment) Determination 2008 (No. 3) is a legislative instrument that aims to provide financial support to Australians who have been adversely affected by a major disaster, specifically the severe thunderstorms that impacted the south-east corner of Queensland starting from 16 November 2008. Under section 1061K of the Social Security Act 1991 (the Act), the main provision of this Determination is to outline the criteria for individuals to qualify for the Australian Government Disaster Recovery Payment (AGDRP). This includes being adversely affected by a major disaster, which is defined in section 5 of the Determination and detailed in Schedule 2.
The Act and the Determination impose specific obligations on those who apply for the AGDRP. Applicants must demonstrate that they meet one of the criteria for being adversely affected by the disaster, such as being seriously injured, having their principal place of residence destroyed or damaged, as defined in Schedule 2. The Determination clarifies what constitutes "seriously injured," "destroyed," and "damaged" in section 3. Additionally, the Minister, empowered by section 36 of the Act, has the authority to determine if an event qualifies as a major disaster, which is a prerequisite for the AGDRP eligibility.
Failure to comply with the provisions of the Determination, or providing false or misleading information in the application, can result in civil or criminal consequences. While the Determination itself does not explicitly list penalties, breaches of the Social Security Act or related provisions can lead to penalties under other sections of the Act. These may include fines and, in cases of criminal intent, imprisonment. The exact penalties would depend on the specific nature of the breach and the applicable sections of the broader Social Security Act.