Explanatory Statement
Social Security (Australian Government Disaster Recovery Payment) Determination 2010 (No. 2)
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) specifies 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 Commonwealth Government response is required.
The Minister has made a declaration under section 36 of the Act that applies to the series of storms in the State of Victoria that began on 5 March 2010 and that continued until 7 March 2010.
The Social Security (Australian Government Disaster Recovery Payment) Determination 2010 (No. 2) (the Determination) gives effect to the declaration referred to above and sets out the circumstances in which a person is to be regarded as “adversely affected” by the series of storms.
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 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 series of storms in the State of Victoria that began on 5 March 2010 and that continued until 7 March 2010.
Schedule 2 to the Determination provides six circumstances where a person is adversely affected as a direct result of the major disaster referred to in Schedule 1.
The first circumstance is where the person was seriously injured.
The second circumstance is where the person’s principal place of residence has been destroyed.
The third circumstance is where a person’s principal place of residence has sustained major damage.
A further three circumstances occur where a person is the principal carer of a dependent child and any of the three situations specified in subparagraphs (i) to (iii) of paragraph (d) of Schedule 2 (referred to above) apply. These three circumstances mirror the circumstances set out in paragraphs (a) to (c) of Schedule 2.
What constitutes “destroyed” “major damage” and “seriously injured” is defined in section 3 of the Determination.
Subsection 1061L(3) of the Act provides that a determination under section 1061L is a legislative instrument.
The Determination 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 2010 (No. 2) was enacted to address the immediate needs of Australians adversely affected by the series of storms in the State of Victoria from 5 to 7 March 2010. This legislation provides a one-off payment under the Social Security Act 1991 to support those who have suffered significant impacts due to the disaster. The determination was introduced by the Minister for Social Services, acting under the authority granted by the Act, to swiftly address the urgent financial needs arising from this specific disaster. The policy objective is to provide timely financial assistance to those who have been seriously injured, had their principal place of residence destroyed or severely damaged, or are the principal carer of a dependent child facing these circumstances, thereby mitigating the immediate adverse effects of the disaster on affected individuals.
Scope and Application
The Social Security (Australian Government Disaster Recovery Payment) Determination 2010 (No. 2) applies to individuals adversely affected by the series of storms in the State of Victoria that began on 5 March 2010 and continued until 7 March 2010. The Act, as supplemented by this Determination, provides an immediate, one-off payment to those who meet the qualification criteria, specifically being adversely affected by a major disaster as determined by the Minister. This includes being seriously injured, having one's principal place of residence destroyed or sustaining major damage, or being a principal carer of a dependent child whose circumstances have been similarly impacted. The geographic scope of this legislation is limited to the State of Victoria, where the specified storms occurred. The Determination itself is a legislative instrument and is not subject to disallowance by Parliament. It was enacted as a matter of urgency without formal consultation.
Key Provisions
The main operative sections of the Social Security (Australian Government Disaster Recovery Payment) Determination 2010 (No. 2) are sections 1 to 5, along with Schedules 1 and 2. Section 1 specifies the name of the Determination, while Section 2 provides the commencement date. Section 3 contains definitions relevant to the Determination, such as "principal place of residence," "destroyed," "major damage," and "seriously injured." Section 4 defines "principal place of residence," and Section 5 specifies the circumstances in which a person is adversely affected by the disaster mentioned in Schedule 1. Schedule 2 lists the specific circumstances in which a person is considered adversely affected by the disaster.
The Act imposes several obligations and requirements on the parties it governs. Firstly, the Minister must determine that an event is a "major disaster" under Section 36 of the Social Security Act 1991. Secondly, the Minister must specify in writing the circumstances in which persons are to be taken to be adversely affected by the disaster under Subsection 1061L(2). This obligation is fulfilled through the Social Security (Australian Government Disaster Recovery Payment) Determination 2010 (No. 2). The Act also requires that the Determination be made as a matter of urgency and not be subject to disallowance by the Parliament. Additionally, formal consultation is not required, as the Determination was enacted due to the urgent nature of the disaster.
There are no specific offences, penalties, or civil/criminal consequences mentioned for breach of the Social Security (Australian Government Disaster Recovery Payment) Determination 2010 (No. 2). However, it is important to note that the Determination is a legislative instrument and not subject to disallowance by the Parliament under Subsection 1061L(3) of the Act. This means that the Determination carries the force of law and must be followed by all relevant parties. Failure to comply with the Determination may result in the denial of the Australian Government Disaster Recovery Payment to those who are eligible. Additionally, any misuse of funds or fraud related to the AGDRP may be subject to separate criminal or civil penalties under other relevant legislation.