Social Security (Australian Government Disaster Recovery Payment) Determination 2012 (No. 1)

Overview

The Social Security (Australian Government Disaster Recovery Payment) Determination 2012 (No. 1) was enacted to address the urgent need for financial assistance to Australians impacted by the major disaster declared in Queensland on 6 February 2012. This determination, which commenced on the day following its registration, provides a legislative framework for the Australian Government Disaster Recovery Payment (AGDRP) to be distributed to those adversely affected by the floods in specified Local Government Areas. The policy objective is to offer a one-off payment to individuals who have suffered significant consequences due to the disaster, ensuring timely support as determined by the Minister for Emergency Management. This legislative instrument, as specified in the Social Security Act 1991, does not undergo disallowance by Parliament and was enacted without formal consultation due to the urgency of the situation.

Scope and Application

The Australian Government Disaster Recovery Payment (AGDRP) under the Social Security (Australian Government Disaster Recovery Payment) Determination 2012 (No. 1) applies to individuals adversely affected by a major disaster, specifically the flooding that began on 27 January 2012 in certain Local Government Areas of Queensland. The determination provides a one-off payment to those who meet the qualification criteria as set out in Section 1061K of the Social Security Act 1991. A person qualifies for the payment if they are adversely affected by a major disaster, which is defined by the Minister in relation to the specific disaster. The Minister has the authority under Section 36 of the Act to declare an event as a major disaster if it significantly impacts individuals to the extent that a Commonwealth Government response is necessary. This legislation is geographically limited to the affected areas of Queensland and does not extend beyond the specified regions unless further declarations are made by the Minister. The determination outlines specific circumstances in which a person is considered adversely affected, such as serious injury, loss of an immediate family member, or damage to their principal place of residence. These definitions and circumstances are detailed in Schedule 2 of the Determination.

Key Provisions

The Social Security (Australian Government Disaster Recovery Payment) Determination 2012 (No. 1) provides a framework for the Australian Government Disaster Recovery Payment (AGDRP) in response to a specific major disaster, namely the flooding in Queensland in early 2012. Section 4 of the Determination specifies the circumstances under which a person is considered to be adversely affected by the disaster, aligning with the broader criteria set out in Section 1061L of the Social Security Act 1991. These circumstances include serious injury as a direct result of the disaster, being an immediate family member of someone killed by the disaster, having a principal place of residence destroyed or significantly damaged, and other related situations such as being unable to access one's residence for 24 hours or more due to the disaster. Under this Determination, the Minister for Emergency Management has outlined specific obligations and requirements that must be met for an individual to qualify for the AGDRP. These obligations are detailed in the Schedules to the Determination, where each circumstance is clearly defined. For example, 'seriously injured' is defined in such a way that it includes injuries requiring hospital treatment, while 'immediate family member' encompasses spouses, de facto partners, and children. The Determination also clarifies what constitutes 'destroyed' or 'major damage' to a principal place of residence, ensuring that the criteria are applied consistently and fairly. Failure to comply with the provisions of the Determination can result in significant consequences. Although the Determination itself does not explicitly state penalties, non-compliance with the Social Security Act 1991, under which the Determination operates, can lead to various civil or criminal penalties. For instance, providing false information to obtain the AGDRP could be considered fraud, which under the Commonwealth Criminal Code could result in substantial fines or imprisonment. The Act allows for penalties including fines of up to $22,200 for individuals and up to $111,000 for bodies corporate, along with potential imprisonment terms depending on the severity of the offence. In summary, the Social Security (Australian Government Disaster Recovery Payment) Determination 2012 (No. 1) lays out clear criteria and obligations for those adversely affected by the 2012 Queensland floods to qualify for the AGDRP. It mandates that affected individuals meet specific conditions, such as being seriously injured or having their residence significantly impacted, to be eligible for the payment. While the Determination itself does not specify penalties, non-compliance with the broader Social Security Act 1991 could lead to serious civil and criminal consequences, including substantial fines and imprisonment.