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.
Overview
The Social Security (Australian Government Disaster Recovery Payment) Determination 2009 (No. 5) was enacted in response to the urgent need to provide financial support to Australians severely impacted by a major disaster, specifically the storms and flooding that affected South-east Queensland and parts of New South Wales in May 2009. This legislation, determined under the Social Security Act 1991, was introduced to swiftly address the financial hardships faced by individuals who were directly affected by the disaster. The Australian Government Disaster Recovery Payment (AGDRP) aims to provide a one-off payment to those adversely affected, ensuring immediate relief to those in need. The policy objective is to offer timely financial assistance to individuals and families who have suffered significant losses or injuries as a result of the disaster, thereby facilitating their recovery and reducing the immediate economic burden on those affected.
Scope and Application
The Social Security (Australian Government Disaster Recovery Payment) Determination 2009 (No. 5) applies to individuals adversely affected by the major disaster, specifically the storms and associated flooding in South-east Queensland and the North Coast and Northern Rivers regions of New South Wales that occurred starting on 20 May 2009. This determination outlines the specific circumstances under which a person is considered to be adversely affected by the disaster, thereby qualifying them for the Australian Government Disaster Recovery Payment. The Act applies to those who are directly impacted by the disaster in one of the defined ways, such as being seriously injured, being the immediate family member of a deceased Australian, having their principal place of residence destroyed or significantly damaged, or being the principal carer of a child who is adversely affected. The Minister's declaration under the Social Security Act 1991, coupled with the Determination, sets the criteria and conditions for the payment, thereby extending its application to the affected individuals within the specified geographic and temporal scope. This legislation does not require disallowance by the Parliament, and while formal consultation was not undertaken due to the urgency of the situation, it provides a clear framework for the administration of the disaster recovery payment.
Key Provisions
The Social Security (Australian Government Disaster Recovery Payment) Determination 2009 (No. 5) (sections 1-5) outlines the specific circumstances in which a person may be considered adversely affected by the major disaster declared under the Social Security Act 1991 (section 1061K). The determination applies to the storms and associated flooding in South-east Queensland and the North Coast and Northern Rivers regions of New South Wales from May 2009. Under section 5, a person qualifies as adversely affected if they are seriously injured, a family member of someone killed, their principal place of residence has been destroyed or sustained major damage, or they are the principal carer of a child who is adversely affected by one of these circumstances.
The Act imposes several obligations on individuals to ensure they meet the criteria for the Australian Government Disaster Recovery Payment (AGDRP). Firstly, claimants must provide evidence that they are adversely affected by the disaster as defined in Schedule 2 of the Determination. This evidence can include documentation of serious injury, death certificates for family members, proof of residence destruction or damage, and identification as a principal carer of a child who meets the specified criteria. Additionally, claimants must submit their applications within the prescribed timeframe and provide any further information requested by the Department of Human Services to validate their claims.
Failure to comply with the requirements of the Act or the Determination can result in serious consequences. Under the Social Security Act 1991, providing false or misleading information to obtain the AGDRP constitutes an offence. Section 1061M of the Act stipulates that offenders may be liable for a penalty of up to 50 penalty units (currently AUD 5,300) for each offence. Additionally, section 1061N allows for the recovery of any payments made under the Act if it is determined that the recipient was not eligible for the payment. This recovery can be enforced through legal proceedings, and failure to repay the amount can lead to further civil liabilities.
The Social Security (Australian Government Disaster Recovery Payment) Determination 2009 (No. 5) is a critical legislative instrument that provides clarity and structure to the eligibility criteria for the AGDRP. By specifying the conditions under which a person can be considered adversely affected by the declared disaster, the Determination ensures that the payment is distributed fairly and efficiently to those in genuine need. It also outlines the obligations of claimants and the potential consequences of non-compliance, reinforcing the importance of accurate and truthful information in the application process.