Social Security (Australian Government Disaster Recovery Payment) Determination 2009 (No. 2)

Overview

The Social Security (Australian Government Disaster Recovery Payment) Determination 2009 (No. 2) was introduced to provide a swift response to the significant bushfires in Victoria during late January and February 2009. This legislation, enacted by the Australian Government, aims to offer immediate financial assistance to those adversely affected by the disaster. The determination was necessitated by the urgency of the situation, leading to its implementation without formal consultation. It specifies the circumstances under which individuals can be considered adversely affected by the bushfires, thereby qualifying them for the Australian Government Disaster Recovery Payment. This payment is a one-off financial support intended to help those who have suffered serious injury, lost an immediate family member, had their principal place of residence destroyed or severely damaged, or found their residence inaccessible for at least 24 hours due to the disaster.

Scope and Application

The Australian Government Disaster Recovery Payment (AGDRP) is a legislative instrument designed to provide immediate relief to Australians who have been adversely affected by a major disaster. This payment is a one-off benefit provided under the Social Security Act 1991, specifically through the Social Security (Australian Government Disaster Recovery Payment) Determination 2009 (No. 2). The Act applies to any individual who is adversely affected by a major disaster as determined by the Minister. Such determinations are made in writing and specify the circumstances under which individuals are considered adversely affected. This includes those who are seriously injured, immediate family members of deceased Australians who are the first to claim the payment, individuals whose principal place of residence is destroyed or has sustained major damage, and those whose principal place of residence is inaccessible for 24 hours or more. The determination also covers events that are declared as major disasters by the Minister, who may make such a declaration if satisfied that the event warrants a Commonwealth Government response. In this instance, the Minister has declared the bushfires in the State of Victoria that occurred between late January and early March 2009 as a major disaster. This Determination is not subject to disallowance by the Parliament and was implemented without formal consultation due to the urgency of the situation.

Key Provisions

The main operative sections of the Social Security (Australian Government Disaster Recovery Payment) Determination 2009 (No. 2) clarify the specific circumstances under which a person is deemed to be adversely affected by the major disaster in question, namely the bushfires in the State of Victoria from late January to February 2009 (section 5). This section directly ties into the qualification criteria set out in section 1061K of the Social Security Act 1991, which mandates that to receive the Australian Government Disaster Recovery Payment (AGDRP), an individual must be adversely affected by the major disaster. Schedule 2 of the Determination enumerates the specific ways in which a person can be adversely affected, such as being seriously injured, being the immediate family member of a deceased Australian and the first family member to claim the AGDRP, having a principal place of residence destroyed, sustaining major damage to the principal place of residence, or having the residence become inaccessible for 24 hours or more. The Act imposes several obligations and requirements on the parties it governs. Firstly, it mandates that the Minister for Social Services must determine and declare in writing whether an event qualifies as a "major disaster" under section 36 of the Act. Once such a declaration is made, the Minister must also specify the circumstances under which individuals are considered adversely affected by the disaster, as outlined in section 1061L(2) of the Act. Furthermore, the Act requires that the determination of these circumstances must be made in writing and be in accordance with the specific criteria outlined in the Determination. The Act also requires that the Determination itself be formally published and that it contain definitions for terms such as "principal place of residence," "destroyed," "major damage," "seriously injured," and "unable to return" (section 3). All these steps are crucial to ensure that the AGDRP is provided to those who genuinely need it as a result of the disaster. Any breaches of the requirements set out in the Act or the Determination can lead to serious consequences. Under the Social Security Act 1991, there are both civil and criminal penalties for providing false or misleading information in an application for the AGDRP. Civil penalties can include financial penalties and the recovery of payments already made, while criminal penalties can result in fines or imprisonment. For example, under section 126 of the Social Security Act, a person who knowingly makes a false statement or provides misleading information in an application for a payment can be liable for a civil penalty of up to $8,820 or imprisonment for up to two years, or both. If the offence is considered serious, the penalties can be even more severe, with maximum penalties potentially reaching up to $52,920 or imprisonment for up to five years, or both. These stringent penalties are in place to ensure the integrity and proper administration of the AGDRP scheme.