Social Security (Australian Government Disaster Recovery Payment) Determination 2011 (No. 5)
as amended
made under subsection 1061L (2) of the
Social Security Act 1991
This compilation was prepared on 8 April 2011
taking into account amendments up to Social Security (Australian Government Disaster Recovery Payment) Amendment Determination 2011 (No. 1)
Prepared by the Office of Legislative Drafting and Publishing,
Attorney‑General’s Department, Canberra
Contents
1 Name of Determination [see Note 1]
2 Commencement [see Note 1]
3 Definitions
4 Person adversely affected by a major disaster
Schedule 1 Major disasters
Schedule 2 Circumstances in which person adversely affected
Notes
1 Name of Determination [see Note 1]
This Determination is the Social Security (Australian Government Disaster Recovery Payment) Determination 2011 (No. 5).
2 Commencement [see Note 1]
This Determination commences on the day after it is registered.
3 Definitions
(1) In this Determination:
Act means the Social Security Act 1991.
destroyed, for a place of residence, includes a residence damaged to the extent that it must be demolished.
immediate family member, of a person, means:
(a) the person’s partner; or
(b) the person’s natural child, adoptive child or stepchild; or
(c) the person’s natural parent, adoptive parent or step‑parent; or
(d) the person’s legal guardian; or
(e) the person’s brother, sister, stepbrother or stepsister.
Note This term is used in a different sense to that used in the Act.
major damage, for a residence, means:
(a) damage to at least a quarter of the interior of the residence; or
(b) that the residence is structurally unsound; or
(c) damage to the residence that exposes at least a quarter of the interior of the residence to the elements.
seriously injured, for a person, means:
(a) the person has sustained an injury; and
(b) because of the injury:
(i) the person was admitted to hospital; or
(ii) under normal circumstances, the person would have been admitted to hospital.
utility includes water, electricity, gas and sewerage.
(2) In this Determination, a place of residence is a person’s principal place of residence if the person:
(a) normally resides at the place; and
(b) has a lawful right to reside at the place.
4 Person adversely affected by a major 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 a way mentioned in Schedule 2.
Note Subsection 36 (1) of the Social Security Act 1991 allows the Minister to determine, in writing, that an event is a major disaster that has such significant impact on individuals that a government response is required.
Schedule 1 Major disasters
(section 4)
(1) The bushfire in the Waroona Local Government Area of the State of Western Australia that started on 10 January 2011.
(2) The bushfires in the surrounding areas of Perth in the State of Western Australia that started on 5 February 2011 and continued during February 2011.
Schedule 2 Circumstances in which person adversely affected
(section 4)
A person is adversely affected by a major disaster mentioned in Schedule 1 if:
(a) as a direct result of the disaster:
(i) the person is seriously injured; or
(ii) the person is an immediate family member of an Australian who is killed; or
(iii) the person’s principal place of residence has been destroyed or has sustained major damage; or
(iv) the person is unable to gain access to his or her principal place of residence for at least 24 hours; or
(b) as a result of the disaster, the person’s principal place of residence experiences utility failure for at least 48 hours; or
(c) the person is the principal carer of a child to whom paragraph (a) or (b) applies.
Notes to the Social Security (Australian Government Disaster Recovery Payment) Determination 2011 (No. 5)
Note 1
The Social Security (Australian Government Disaster Recovery Payment) Determination 2011 (No. 5) (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 2011 (No. 5) | 11 Feb 2011 (see F2011L00242) | 12 Feb 2011 | |
Social Security (Australian Government Disaster Recovery Payment) Amendment Determination 2011 (No. 1) | 8 Apr 2011 (see F2011L00592) | 8 Apr 2011 | — |
Table of Amendments
ad. = added or inserted am. = amended rep. = repealed rs. = repealed and substituted |
Provision affected | How affected |
Schedule 1 | |
Schedule 1........... | rs. 2011 No. 1 |
Overview
The Social Security (Australian Government Disaster Recovery Payment) Determination 2011 (No. 5) was enacted in 2011 under subsection 1061L(2) of the Social Security Act 1991. This legislative instrument was introduced in response to the need for financial support for individuals adversely affected by major disasters, specifically bushfires in Western Australia. The primary objective of this determination is to provide timely and targeted assistance to those who have suffered direct impacts from such disasters, ensuring they have access to necessary resources during recovery periods. This determination aims to facilitate a government response to events that have significant impacts on individuals, thereby supporting their immediate needs and aiding in their recovery process.
The Social Security (Australian Government Disaster Recovery Payment) Determination 2011 (No. 5) was prepared by the Office of Legislative Drafting and Publishing, Attorney-General’s Department, and it commenced on the day after its registration. The determination outlines the criteria for eligibility for a disaster recovery payment, including definitions such as "seriously injured," "major damage," and "immediate family member." It specifies the circumstances under which an individual may be considered adversely affected by a major disaster, such as sustaining injuries, loss of a residence, or experiencing utility failures. This legislative instrument is designed to provide clarity and support for those affected by major disasters, ensuring they receive the assistance they need during critical times.
Scope and Application
The Social Security (Australian Government Disaster Recovery Payment) Determination 2011 (No. 5) is a legislative instrument made under subsection 1061L(2) of the Social Security Act 1991, designed to provide relief to individuals adversely affected by specified major disasters. This Determination applies to individuals who are directly impacted by the bushfires in the Waroona Local Government Area and surrounding areas of Perth in Western Australia, which commenced in January and February 2011 respectively. The Determination provides for payments to those who are seriously injured, immediate family members of deceased Australians, those whose residences are destroyed or severely damaged, individuals unable to access their residence for at least 24 hours, and those experiencing utility failures for 48 hours or more. Additionally, it covers principal carers of children affected under the aforementioned circumstances. The Determination is applicable nationally, with specific reference to the affected areas in Western Australia, and came into effect on the day after its registration. While the primary focus is on the specified disasters, the Determination may be amended to include other disasters as determined by the Minister under subsection 36(1) of the Social Security Act 1991.
Key Provisions
The Social Security (Australian Government Disaster Recovery Payment) Determination 2011 (No. 5) provides specific details regarding the eligibility for disaster recovery payments under the Social Security Act 1991. Section 4 of the Determination outlines the circumstances in which a person is considered adversely affected by a major disaster. This includes being seriously injured, being a family member of someone killed, having a residence destroyed or significantly damaged, being unable to access one's residence for at least 24 hours, or experiencing a utility failure for at least 48 hours at their residence (Section 4). Additionally, a person may qualify if they are the principal carer of a child affected by the disaster (Section 4).
The Determination imposes certain obligations on the parties it governs. It requires that claims for disaster recovery payments be made in accordance with the provisions of the Social Security Act 1991 and that all information provided be accurate and truthful (Section 3). Claimants must also demonstrate that they meet the eligibility criteria outlined in Section 4. The determination further specifies that payments are to be made only to those who have been directly and adversely affected by the listed major disasters, as identified in Schedule 1 and detailed in Schedule 2.
There are no specific offences, penalties, or consequences mentioned in the Determination itself. However, the Social Security Act 1991 under which this Determination operates may have provisions for penalties in cases of fraud or misrepresentation. For example, providing false information to obtain a payment could result in financial penalties or legal action, as outlined in the Social Security Act. The penalties for such offences can include fines and, in severe cases, imprisonment. The exact penalties would depend on the specific circumstances and the relevant sections of the Social Security Act.