Explanatory Statement
Social Security (Australian Government Disaster Recovery Payment) Determination 2009 (No. 5)
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(1) of the Act provides that, for the purposes of the Act, “a person is adversely affected by a major disaster if the person is affected by the disaster in a way determined by the Minister in relation to the 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 declaration under section 36 of the Act that applies to the storms and associated flooding that occurred in South-east Queensland and the North Coast and Northern Rivers regions of New South Wales that started on 20 May 2009 and continued in May 2009.
The Social Security (Australian Government Disaster Recovery Payment) Determination 2009 (No. 5) (the Determination) 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 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 and associated flooding that occurred in South-east Queensland and the North Coast and Northern Rivers regions of New South Wales that started on 20 May 2009 and continued in May 2009.
Schedule 2 to the Determination provides five circumstances where a person is taken to be adversely affected by the major disaster referred to in Schedule 1 provided that the circumstances occurred as a direct result of that disaster.
The first circumstance is where the person is seriously injured.
The second circumstance is where the person is the immediate family member of an Australian killed and is the most appropriate immediate family member to make a claim for the AGDRP in respect of the major disaster.
The third circumstance is where the person’s principal place of residence has been destroyed.
The fourth circumstance is where a person’s principal place of residence has sustained major damage.
The fifth circumstance is where a person is the principal carer of a dependant child, and that child is adversely affected in the manner described by the four respective circumstances above.
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.