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.
Overview
The Social Security (Australian Government Disaster Recovery Payment) Determination 2009 (No. 7) was enacted to provide an immediate, one-off payment to Australians adversely affected by the earthquakes in Sumatra, Indonesia, on 30 September and 1 October 2009. This Determination was introduced to address the urgent need for financial support to individuals directly impacted by the disaster, either through injury or loss of life, as well as to immediate family members of victims who could claim on their behalf. The determination was made under the authority of the Social Security Act 1991, which empowers the Minister to define the circumstances in which a person is considered to be adversely affected by a major disaster, thereby qualifying them for the Australian Government Disaster Recovery Payment. The policy objective of the Determination is to ensure swift and targeted financial assistance to those most affected by the disaster, reflecting the government's commitment to providing timely support in the wake of major calamities.
Scope and Application
The Social Security (Australian Government Disaster Recovery Payment) Determination 2009 (No. 7) applies to Australian citizens or permanent residents who were directly affected by the major disaster of the earthquakes in Sumatra, Indonesia, on 30 September and 1 October 2009. This legislation provides an immediate, one-off payment for those who were adversely affected by the disaster, including those who were seriously injured or witnessed severe injuries or fatalities as a direct result of the disaster. Additionally, it extends to immediate family members of victims who are considered the most appropriate to claim on behalf of the deceased or seriously injured. The legislation operates within the framework of the Social Security Act 1991, specifically section 1061K, and is empowered by section 36, allowing the Minister to declare a major disaster and subsequently determine the circumstances under which individuals are adversely affected. The determination is a legislative instrument and is not subject to disallowance by the Parliament, reflecting the urgent nature of the disaster response.
Key Provisions
The main operative sections of the Social Security (Australian Government Disaster Recovery Payment) Determination 2009 (No. 7) establish the criteria and circumstances under which an individual can be considered adversely affected by a major disaster, specifically the earthquakes in Sumatra, Indonesia, on 30 September and 1 October 2009. Section 4 of the Determination specifies that for the purposes of subsection 1061L(2) of the Social Security Act 1991, a person is deemed adversely affected if they meet the criteria outlined in Schedule 2. This includes being in a directly impacted area and being seriously injured or witnessing serious injury or death, as well as being an immediate family member of a victim eligible to claim the payment.
The obligations imposed by the Act and the Determination on the parties and entities it governs include the requirement for the Minister to determine whether an event qualifies as a major disaster and the specific circumstances under which individuals may be adversely affected. The Minister has the authority under Section 36 of the Act to declare a disaster, and under Section 1061L to specify the conditions of adverse impact. The Determination, which complements these provisions, is intended to provide clear guidelines on eligibility for the Australian Government Disaster Recovery Payment (AGDRP).
Breach of the provisions or failure to comply with the requirements set out in the Determination may lead to legal consequences. While the Determination itself does not specify particular offences, penalties, or civil/criminal consequences, the Social Security Act 1991 outlines a range of penalties for fraudulent claims or misrepresentation, which can include fines and imprisonment. The precise penalties would depend on the nature and severity of the breach, as well as the provisions of the overarching Social Security Act 1991. This Act provides for significant penalties for offences such as providing false or misleading information, which can result in substantial fines and, in serious cases, imprisonment.