Social Security (Australian Government Disaster Recovery Payment) Determination 2010 (No. 1)

Administered by Attorney-General's Department

Legislation au F2010L00614 Not in force Legislative Instrument

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Social Security (Australian Government Disaster Recovery Payment) Determination 2010 (No. 1)

as amended

made under subsection 1061L(2) of the

Social Security Act 1991

This compilation was prepared on 13 April 2010
taking into account amendments up to Social Security (Australian Government Disaster Recovery Payment) Amendment Determination 2010 (No. 2)

Prepared by the Public Law Branch,
Department of Families, Housing, Community Services and Indigenous Affairs, Canberra

 

Contents

 Page

 

1 Name of Determination (see Note 1)

2 Commencement (see Note 1)

3 Definitions............................................

4 Principal place of residence.............................

5 Person taken to be adversely affected by disaster..........

 

Schedule 1 Major Disaster.........................................

Schedule 2 Adverse circumstances.................................

 

Notes .....................................................

 

Table of Amendments.................................................

 

 

1 Name of Determination (see Note 1)

 

This Determination is the Social Security (Australian Government Disaster Recovery Payment) Determination 2010 (No. 1).

 

2 Commencement (see Note 1)

 

This Determination commences on the day it is signed.

 

3 Definitions

 

In this Determination:

 

Act means the Social Security Act 1991.

 

destroyed in relation to a person’s principal place of residence means a residence has been destroyed as a direct result of the disaster and has been damaged to the extent that it must be demolished.

 

experienced a utility failure in relation to a person’s principal place of residence means:

 

(a) the principal place of residence was without electricity, water, gas, sewerage service or another essential service for a period of 48 hours or more; and

 

(b) the utility failure was a result of damage to public or private infrastructure arising as a direct result of the disaster.

 

isolated in relation to a person’s principal place of residence means the person was stranded in their principal place of residence for a period of 24 hours or more.

 

major damage in relation to a person’s principal place of residence means:

 

(a) at least one-quarter of the interior of the residence has been submerged by flood waters or affected by associated debris; or

 

(b) the residence has been declared structurally unsound as supported by evidence; or

 

(c) the residence has been breached, exposing at least one-quarter of the interior of the residence to the elements; or

 

(d) the interior of the residence has experienced sewerage contamination.

 

seriously injured in relation to a person means:

 

(a) the person has sustained an injury or illness; and

 

(b) either:

 

(i) the person was admitted to hospital; or

 

(ii) under normal circumstances, the person required admittance to hospital.

 

unable to return in relation to a person’s principal place of residence means the person could not access their principal place of residence for a period of 24 hours or more, as supported by evidence.

 

4 Principal place of residence

 

In this Determination, a place is to be regarded as the person’s principal place of residence if:

 

(a) the place is a place in which the person normally resides; and

 

(b) the person has a right or licence entitling the person to lawfully reside in that place.

 

5 Person taken to be adversely affected by disaster

 

For subsection 1061L(2) of the Act, a person is adversely affected by a major disaster mentioned in Schedule 1 if the person is affected in the way mentioned in Schedule 2.

 

 


Schedule 1 Major Disaster

 

 

The storm damage and associated flooding that began on 1 March 2010 and affected the Banana, Murweh, Maranoa, Quilpie and Western Downs Regional or Shire Council areas of Queensland and continued on to affect other areas of Queensland downstream from the Banana, Murweh, Maranoa, Quilpie and Western Downs Regional or Shire Council areas.

 

 

Schedule 2 Adverse circumstances

 (section 5)

 

 

As a direct result of the major disaster mentioned in Schedule 1:

 

(a) a person is seriously injured; or

 

(b) a person’s principal place of residence has been destroyed; or

 

(c) a person’s principal place of residence has sustained major damage; or

 

(d) a person is unable to return to their principal place of residence for a period of 24 hours or more; or

 

(e) a person is isolated in their principal place of residence for a period of 24 hours or more; or

 

(f) a person’s principal place of residence experienced a utility failure for a period of 48 hours or more; or

 

(g) where a person (the Principal Carer) is the principal carer of a child (the Dependent Child):

 

(i) the Dependent Child is seriously injured; or

 

(ii) the Dependent Child’s principal place of residence has been destroyed; or

 

(iii) the Dependent Child’s principal place of residence has sustained major damage; or

 

(iv) the Dependent Child is isolated in their principal place of residence for a period of 24 hours or more; or

 

(v) the Dependent Child is unable to return to their principal place of residence for a period of 24 hours or more; or

 

(vi) the Dependent Child’s principal place of residence experienced a utility failure for a period of 48 hours or more.

 

 

Notes

Note 1

The Social Security (Australian Government Disaster Recovery Payment) Determination 2010 (No. 2) (in force under subsection 1061L(2) of the Social Security Act 1991) as shown in this compilation is amended as indicated in the Tables below.

Table of Instruments

Title

Date of FRLI registration

Date of commencement

Application, saving or transitional provisions

Social Security (Australian Government Disaster Recovery Payment) Determination 2010 (No. 1)

4 March 2010 (see F2010L00614)

4 March 2010

 

Social Security (Australian Government Disaster Recovery Payment) Amendment Determination 2010 (No. 1)

9 March 2010 (see F2010L00645)

6 March 2010

—

Social Security (Australian Government Disaster Recovery Payment) Amendment Determination 2010 (No. 2)

13 April 2010 (see F2010L00947)

8 April 2010

—

 


Table of Amendments

 

ad. = added or inserted      am. = amended      rep. = repealed      rs. = repealed and substituted

Provision affected

How affected

Schedule 1...............

rs. 2010 F2010L00645;

Schedule 1...............

rs. 2010 F2010L00947;

 

Overview

The Social Security (Australian Government Disaster Recovery Payment) Determination 2010 (No. 1), as amended, was enacted to address the immediate financial needs of individuals affected by the severe storm damage and associated flooding in Queensland, particularly in the Banana, Murweh, Maranoa, Quilpie, and Western Downs Regional or Shire Council areas. The determination was made under subsection 1061L(2) of the Social Security Act 1991 by the Commonwealth Parliament, aiming to provide swift and targeted financial assistance to those who have been adversely impacted by the disaster. The policy objective is to offer immediate relief to those who have suffered serious injury, loss of residence, or other significant disruptions due to the disaster, ensuring they have the necessary resources to begin the recovery process. This legislative instrument defines the criteria for being adversely affected by the disaster, including definitions of terms such as "destroyed," "major damage," "seriously injured," "unable to return," and "isolated." The determination outlines the circumstances under which a person may be eligible for the Australian Government Disaster Recovery Payment, ensuring that the aid is directed to those most in need. The Payment aims to alleviate some of the immediate financial burdens faced by individuals and families during a time of crisis, facilitating their recovery and return to normalcy.

Scope and Application

The Social Security (Australian Government Disaster Recovery Payment) Determination 2010 (No. 1), made under subsection 1061L(2) of the Social Security Act 1991, provides for the payment of an Australian Government Disaster Recovery Payment to individuals who are adversely affected by a major disaster. The determination applies to individuals who are seriously injured, whose principal place of residence has been destroyed, sustained major damage, or experienced prolonged utility failures, or who are unable to return or are isolated in their residence due to the disaster. This includes principal carers of dependent children who meet similar criteria. The legislation specifically pertains to the storm damage and associated flooding that began on 1 March 2010 and affected certain areas of Queensland, as outlined in Schedule 1, and the adverse circumstances listed in Schedule 2. The payment is available to those who meet the criteria as a direct result of the disaster. The determination's geographic reach is limited to the specified disaster-affected areas of Queensland, and it is subject to amendments as noted in the Table of Amendments.

Key Provisions

The Social Security (Australian Government Disaster Recovery Payment) Determination 2010 (No. 1) under the Social Security Act 1991 (section 1) establishes the criteria and conditions for the payment of an Australian Government Disaster Recovery Payment to individuals adversely affected by a specified major disaster. The determination outlines the circumstances in which a person is considered adversely affected by a disaster (section 5) and specifies the major disaster and the adverse circumstances that qualify for the payment (Schedules 1 and 2). This legislation was enacted to provide financial assistance to individuals who have experienced significant hardship as a result of the disaster, including those who have been seriously injured, lost their homes, or faced other severe disruptions. The determination imposes specific obligations on individuals seeking the disaster recovery payment. They must demonstrate that they have been adversely affected by the major disaster, as defined in Schedules 1 and 2, and provide evidence to support their claim, such as proof of serious injury, destruction or major damage to their principal place of residence, isolation or inability to return to their residence, or utility failure for an extended period (section 5). The determination also requires that claimants must be residents of the affected areas and have the right or license to reside in their principal place of residence (section 4). Failure to comply with the requirements of this determination, including providing false or misleading information to obtain the disaster recovery payment, can result in serious consequences. Under the Social Security Act 1991, individuals who intentionally provide false information to obtain a payment can be subject to civil or criminal penalties. For civil penalties, the maximum penalty is 20 penalty units ($4,200 as of 2023) per offence. For criminal penalties, the maximum penalty is 100 penalty units ($21,000 as of 2023) per offence, or imprisonment for up to two years, or both, if the offence is committed in circumstances that are aggravated, such as where the offence involves deceit or concealment, or where the individual has previously been convicted of a similar offence. These penalties serve as a deterrent against fraudulent claims and ensure the integrity of the disaster recovery payment system.

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