Social Security (Australian Government Disaster Recovery Payment) Determination 2009 (No. 9)

Overview

The Social Security (Australian Government Disaster Recovery Payment) Determination 2009 (No. 9) was enacted to provide relief to Australians adversely affected by the bushfires in the Shires of Toodyay, Dandaragan and Coorow in Western Australia. This legislation was introduced to address the immediate needs of individuals impacted by the disaster, ensuring they receive the necessary support in a timely manner. The determination was made under the authority of the Social Security Act 1991, empowering the Minister to declare a major disaster and specify the circumstances under which individuals are considered adversely affected. The policy objective is to provide a one-off payment to those who have suffered significant consequences as a result of the disaster, facilitating their recovery and providing essential financial assistance. This determination was enacted by the Parliament of Australia to ensure that the necessary measures were in place to support those affected by the disaster.

Scope and Application

The Social Security (Australian Government Disaster Recovery Payment) Determination 2009 (No. 9) applies to individuals who have been adversely affected by the bushfires in the Shires of Toodyay, Dandaragan, and Coorow in Western Australia, which commenced on 29 December 2009 and continued into the following month. The Act provides for a one-off payment to those who meet the specified criteria of being adversely affected by a major disaster. The Minister's determination under section 36 of the Social Security Act 1991 classifies these bushfires as a major disaster, thereby extending the applicability of the AGDRP to affected residents in these areas. The legislation outlines specific circumstances that qualify an individual as adversely affected, such as serious injury, destruction or major damage to the principal place of residence, or an inability to return home due to the disaster. These circumstances are further defined in Schedule 2 of the Determination, providing clarity on the types of adversities that warrant the payment. The Determination is a legislative instrument and thus not subject to disallowance by Parliament, reflecting its urgent nature.

Key Provisions

The primary sections of the Social Security (Australian Government Disaster Recovery Payment) Determination 2009 (No. 9) establish the criteria for the Australian Government Disaster Recovery Payment (AGDRP). Section 5 of the Determination specifies that a person qualifies for the AGDRP if they are adversely affected by a major disaster as outlined in Schedule 2. The definition of "adversely affected" includes being seriously injured, having one's principal place of residence destroyed, experiencing major damage to one's residence, being unable to return to one's residence for at least 24 hours, or dealing with utility failures lasting 48 hours or more. These definitions and circumstances are further detailed in Schedule 2, which mirrors these conditions for principal carers of children. Under this Act, the Minister has a specific responsibility to declare when a disaster qualifies as a "major disaster" under section 36 of the Social Security Act 1991. Once such a declaration is made, the Minister then has the authority to determine the specific circumstances under which individuals can be considered adversely affected by the disaster, as outlined in subsection 1061L(2) of the Act. This declaration was made for the bushfires in the Shires of Toodyay, Dandaragan, and Coorow in Western Australia starting on 29 December 2009. The obligations of the Minister include ensuring that these declarations and determinations are made in writing and with appropriate urgency, particularly in disaster situations. Failure to comply with the provisions of this Determination could lead to legal consequences. While the Act does not explicitly state penalties for non-compliance, it is understood that breaches could result in legal action against the responsible party. The implications of such breaches might include civil penalties or the withholding of payments, though the exact consequences would depend on the specific nature of the breach and the court's interpretation. The Act's legislative instruments, such as the Determination, are not subject to disallowance by the Parliament, underscoring their binding nature and the importance of adhering to their stipulations.