Explanatory Statement
Social Security (Australian Government Disaster Recovery Payment) Determination 2009 (No. 7)
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 earthquakes that impacted the island of Sumatra, Indonesia, on 30 September and 1 October 2009 (AEST).
The Social Security (Australian Government Disaster Recovery Payment) Determination 2009 (No. 7) (the Determination) sets out the circumstances in which a person is to be regarded as “adversely affected” by the earthquakes.
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 earthquakes that impacted the island of Sumatra, Indonesia, on 30 September and 1 October 2009 (AEST).
Schedule 2 to the Determination provides four circumstances where a person is taken to be adversely affected by the major disaster referred to in Schedule 1.
The first three circumstances apply to where an Australian was, on 30 September or 1October 2009, in an area directly impacted by the major disaster and, as a direct result of the major disaster, was seriously injured, or was an eye witness to a person seriously injured in the disaster, or was an eye witness to the remains, body or bodies of a person or persons killed.
The fourth circumstance is where an Australian is the immediate family member of an Australian victim and is considered to be one of up to three of the most appropriate immediate family members to make a claim for the AGDRP in respect of the major disaster.
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.